Labor & Employment Law Update

Check out some of the most recent state law updates on employee rights, leave and minimum wage.

CALIFORNIA

• San Francisco Ordinance No. 8-23: As of February 20, 2023, San Francisco employers will be required to pay employees on military leave the difference between their gross military pay and the gross pay they would have received for working their regular work schedule, for up to 30 days in a calendar year.
• Private employers with 100 or more employees (or workers hired through labor contractors) must report pay, demographic, and other workforce data to the Civil Rights Department by May 10, 2023.

DISTRICT OF COLUMBIA

Emergency legislation was approved to postpone the date on which the 2023 increase to the tipped minimum wage will take effect.  The increase will now begin on May 1, 2023 and is the first step toward the elimination of the tip credit, which is set to start in 2027.

ILLINOIS

The Family Bereavement Leave Act documentation form is now available for employers through the Illinois Department of Labor.  The form can be used for requests for leave related to loss of any of the following (i) miscarriage; (ii) unsuccessful intrauterine insemination or assisted reproduction technology procedure; (iii) failed adoption match or contested adoption; (iv) failed surrogacy agreement; (v) a diagnosis that negatively impacts pregnancy or fertility; or (vi) stillbirth. Employers may request reasonable documentation certifying that the employee, the employee’s spouse or domestic partner, or the employee’s surrogate experienced an event that qualifies for leave under Section 10(a)(4) of the Act.  Employers may not require the employee to identify which category of event the leave pertains to as a condition of exercising rights under the Act.

NEW YORK

Local Law “E” requires Albany County employers to post the minimum and maximum salary range when advertising an open position, promotion or transfer. The law builds on a 2017 amendment to Albany County’s Human Rights Law which prohibits employers from requiring job applicants to provide prior or current salary information before an offer of employment is made.