State and Federal Labor Law Recap

Welcome to 2023! Now that the holidays are over and it's time to start going back to work, it is a good time to recap on all the labor law postings that have changed and make sure everything is up to date. This blog post will briefly cover the Federal Labor Law changes along with all State Labor Law changes that have been implemented over the last couple of months.

You can click on the state you are specifically interested in knowing more about in the Table of Contents below to be directed towards the information you are most concerned about.

Table of Contents

Federal Labor Law Changes

Right out of the gate, let us first cover the major change every company needed to update their postings for: the new Federal EEOC Poster. On the 20th of October last year, the United States Equal Employment Opportunity Commission (EEOC) released the new and finalized "Know Your Rights" posting that has since replaced the previous "Equal Employment Opportunity is the Law" posting. The new poster is designed with plan language to make it easier for both employers and employees to understand.

Alaska Labor Law Changes

Starting off with the largest state in the union, Alaska has had a $0.50 increase in the state minimum wage from $10.34 to $10.84. Additionally, details regarding who qualifies for the state minimum wage, as well as overtime, are laid out within the updated posting.

Arizona Labor Law Changes

The Industrial Commision of Arizona has released a new posting regarding the new minimum wage for the state effective January 1st of this year. The minimum wage has been increased by $1.05 from $12.80/hr to $13.85/hr with the Industrial Commision of Arizona citing an increase in inflation from August of 2021 to August of 2022 as observed within the U.S. Bureau of Labor Statistics' Consumer Price Index.

California Labor Law Changes

The State of California had two changes to their specific labor law postings for this year. As of the 1st of this month, California no longer has two separate minimum wages that are dependent on the size of the company (in terms of employees). Regardless of the number of people employed by a company in California, the minimum wage for each employee is now at $15.50/hr. Besides the statewide minimum hourly wage increase, the minimum monthly salary for sheepherders and goat herders has also been increased — this time to $2,755.48 a month for all employees relevant to IWC Wage Order 14-2001. Wages paid to these aforementioned employees cannot be offset by meals or lodging as these costs are provisioned within IWC Order 14-2007, Sections 10(F), (G) and (H) which are required to be provided by the employer.

The second change is in regards to California's Civil Rights Department's (CRD) new Sexual Harassment poster and fact sheet. Either the poster or fact sheet can be distributed or posted for employees to meet Californian legal requirements.

As a side note, California had the largest number of cities within the state that raised their minimum wage relative to other states. Over 20 cities within the state raised their minimum wage effective January 1st of this year or earlier.

Colorado Labor Law Changes

Last year, Colorado increased the minimum wage by $1.09 from $12.56/hr to $13.65/hr and increased the tipped minimum wage again by $1.09 from $9.54/hr to $10.63/hr citing that not a cent more than $3.02/hr in tipped income can be used when offsetting the minimum wage of tipped employees. This change is effective on the 1st of January, 2023.The Colorado Department of Labor and Employment explains the increased minimum wage is due to the increase in the cost of living in the state according to the Consumer Price Index used for the state.

Effective June 1st of 2023, Colorado also updated their Paid Leave & Whistleblower Poster which includes information regarding the rights and responsibilities that are a part of paid sick leave along with the reporting of health emergency violations, and PPE at the workplace under Colorado law.

District of Columbia Labor Law Changes

The first change that took place in regards to Labor Law postings in the District of Columbia functions more so as an update than a strict change. The aforementioned update was to the Equal Employment Opportunity Notice which now features an additional protected category published as "Homeless Status".

The DCFMLA posting was also updated in order to more clearly convey that the law does not outright require employers to specifically pay for leave under DCFMLA excepting that employees may use accrued leave and where applicable, for private sector payment under the Universal Paid Leave Act when applicable. Another portion to note is that DC government employees may use payment under the Paid Family Leave Act.

Illinois Labor Law Changes

Effective January 1st of this year, the Illinois minimum wage has been increased by $1.00 from $12.00/hr to $13.00/hr. The minimum wage for tipped employees is now $7.80/hr requiring that tipped employees must still reach $13.00/hr. In cases where a tipped employee does not obtain enough tips to reach $13.00/hr, their employer must make up the difference.

Additionally, the One Day Rest In Seven Act (820 ILCS 140/) has been updated to provide supplemental information regarding additional allowances provisioned within the act.

Maine Labor Law Changes

Late last year, the Maine Department of Labor released information on the new minimum wage for the state. The minimum wage in Maine was increased by $1.05 from $12.75/hr to $13.80/hr effective January 1st of this year. Additionally, Maine's Regulation of Employment Notice posting has been updated by expanding the section covering reasons for Family Medical Leave.

Massachusetts Labor Law Changes

Over in Massachusetts, the Paid Family and Medical Leave (PFML) Notice has been revised to reflect changes made to the contribution and benefit amounts regarding PFML. In terms of funding, Massachusetts employers may deduct up to a very specific 0.318% of an individual's wage and/or other earnings if that individual is covered. Additionally, the maximum weekly benefit has been increased to $1,129.82.

Minnesota Labor Law Changes

As of January 1st this year, Minnesota has updated their minimum wage postings with two different minimum wages depending on the size of the company paying said wages. Large employers, which are defined as having an annual gross revenue of at least $500,000, must pay at least $10.59/hr. Small employers, which are defined as having an annual gross revenue less than $500,000, must pay a wage of $8.63/hr. However, the minimum training wage rate is set at $8.63/hr regardless of employer size for employees under the age of 20 for the first 90 days of employment, and the minimum youth wage rate has also been set to $8.63/hr for employees under the age of 18.

Montana Labor Law Changes

The minimum wage within the state of Montana has increased by $0.75 from $9.20/hr to $9.95/hr. One exception to this law is that a business who's gross annual sales are less than or equal to $110,000 are not covered by the Fair Labor Standards Act and may pay as low as $4.00/hr. An exception to that exception is if an individual or an employee is producing or moving any goods between states or is for whatever other reason covered by the Fair Labor Standards Act, then said employee must be paid the higher of the Federal minimum wage or Montana's minimum wage.

Nebraska Labor Law Changes

Coming in at the end of last year, the minimum wage in Nebraska has been increased by $1.50 from $9.00/hr to $10.50/hr effective January 1st, 2023. This increase is a part of a mandated annual increase all the way to 2026 which is included on the now updated posting.

Additionally, there have been a number of changes to the Nebraska UnemploymentInsurance Notice. Most notably, changes to Unemployment Insurance combined tax rates.

New Jersey Labor Law Changes

New Jersey also increased the minimum wage within the state for most employees by $1.13 from $13.00/hr to $14.13/hr in line with the legislation signed in 2019 to increase the minimum wage in the state to $15.00/hr by 2024. Additionally, seasonal and small employers must now pay a minimum wage of $12.93/hr. Tipped employees' cash wage is now increased to $5.26/hr, and, in the case that a tipped employee does not meet the state minimum wage, the employer must now make up the difference. Agricultural workers must now be paid a minimum wage of $12.01. Lastly, long-term care facility staff involved with direct care must now be paid a minimum wage of $17.13.

New Mexico Labor Law Changes

Mid December of 2022, the New Mexico Department of Workforce Solutions released the newest minimum wage within the state at $12.00/hr effective January 1st of 2023 which is a $0.50 increase in the previous minimum wage of $11.50 from last year. The minimum wage for tipped employees has also increased by $0.20 from $2.80/hr to $3.00/hr.

New York Labor Law Changes

The state of New York has now released the official notice regarding the minimum wage within the state effective January 1st of this year. The minimum wage has increased by $1.00 from $13.20/hr to $14.20/hr.

Additionally, as of January 1st of this year, all private and public New York State Employers with more than 50 full-time employees must post the Veterans' Benefits & Services Notice in a conspicuous place within the workplace accessible to all individuals employed by the business.

Lastly, within the state of New York, employers must provide labor posters electronically which they may achieve by posting the required labor law notices on their website or through email.

North Carolina Labor Law Changes

The labor law postings for North Carolina came out and were put into effect as of the 10th of October last year. The changes made involve both the OSH Notice as well as the Wage and Hour Notice. Updated information within these two postings mainly revolves around the section regarding youth in the workforce of the Wage and Hour Notice, and the Penalties section within the OSH Notice describing the Commissioner's timeframe to publish official penalties in the North Carolina Register.

Ohio Labor Law Changes

Ohio has officially increased the minimum wage within the state, effective January 1st, to $10.10/hr for non-tipped employees. This is a $0.80 increase over the $9.30/hr minimum wage of last year. Employees within the state who are younger than 16 cannot be paid below the federal minimum wage which is currently at $7.25/hr. Lastly, tipped employees had a $0.40 increase to their minimum wage for this year landing them at $5.05 an hour.

Oregon Labor Law Changes

Oregon is a top contender for the most extensive changes to existing labor law postings last year, with 5 required postings exhibiting mandatory changes — all but one effective on the 1st of July, 2022.

The minimum wage posting was revised to include wage rates based on geographic location where the minimum wage is set at $14.75/hr in the Portland Metro Area, $12.50/hr within non-urban counties, and lastly a standard catch-all rate of $13.50/hr.

As stated in the opening statement for the labor law postings of Oregon, all but one change was effective on the 1st of July, 2022. The Paid Family Leave posting is the exception effective the 1st of January this year. This change includes all relevant information regarding rights and requirements for employers and employees for Paid Family Leave. This is a required posting.

Additionally, there were some minor changes to the Sick Time posting where contact information and related dates have been changed. The Breaks and Overtimes posting was amended to include information about rest breaks for workers under the age of 18. Lastly, the Equal Pay posting was updated declaring that pay cuts cannot be used to ensure equal pay between employees.

Rhode Island Labor Law Changes

The State of Rhode Island has released their new Minimum Wage Notice to include the $0.75 increase in the state's minimum wage from $12.25/hr to $13.00/hr.

On top of the change to the minimum wage in Rhode Island, the state has also released a new posting titled as the Pay Equality Notice. This new notice, in its essence, states that it is illegal to pay employees different wages based on the color of their skin as well as other factors such as nationality, religion, ect. Additionally, the posting then goes into detail on the enforcement, inquiry process, prohibited discussions, and prohibited retaliation in relation to the posting.

South Dakota Labor Law Changes

For this entry, the change is a rather quiet and concise one. South Dakota has released a new posting to display the updated minimum wage within the state which has been increased by $0.85 from $9.95/hr to $10.80/hr for non tipped employees. Tipped employees subsequently also had an increase in their minimum wage by $0.42 from $4.98/hr to $5.40/hr.

Texas Labor Law Changes

The Employer's Notice of Ombudsman Program posting has been revised to include information regarding requirements for an Ombudsman including the completion of a training program designed to assist employees with disputes. There were also minor changes to the format of the poster along with a new revision date to ensure the poster is up to date to anyone looking at the posting.

Vermont Labor Law Changes

The State of Vermont is among the majority of states this year that updated the minimum wage within their state with the minimum wage in Vermont receiving a $0.63 increase from $12.55/hr to $13.18/hr for non tipped employees. Tipped employees also received an increase in the minimum wage they can be paid by $0.31 from $6.28/hr to $6.59/hr. These increases in the minimum wage are effective January 1st, 2023.

Additionally, in July of 2022, the state's Employment Protections for Victims of Crime posting was given an update to include information on the alleged victims of crime.

Virginia Labor Law Changes

Starting in July of last year, the State of Virginia mandated that employers with 25 or more employees are now required to post information sourced from the Department of Labor regarding seizure first aid. This includes procedures to follow on responding, attending, and providing comfort and safety when possible to a victim of a seizure.

A month later, in August of last year, Virginia also updated their Job Safety and Health Protection posting to adequately show an increase in penalties related to the subject of the posting.

Lastly, the minimum wage posting has been revised to include the new minimum wage effective January 1st of this new year. The minimum wage within the state has been increased by $1.00 from $11.00/hr to $12.00/hr.

Washington Labor Law Changes

Last July in 2022, Washington updated their Job Safety and Health Information posting to include new details regarding the filing of complaints. Of note, employees of a company must file their complaint within a 90 day window starting when the employer fires or retaliates against the employee some other way after the employee has filed a safety complaint.

Besides that, Washington has increased the minimum wage within the state by a whole $1.25 from $14.49/hr to $15.74/hr, the highest minimum wage compared against all other states. However, employees between the ages of 14 and 15 may be legally paid $12.32/hr.

Conclusion

This year saw a multitude of changes. Some came earlier than expected, whilst still others came out significantly later than predicted. Overall, there were 27 states that had an increase in minimum wage and many now part of an annual increase based on a number of factors depending on the state requiring constant updates. Especially in a year like the one we find ourselves in now, finding every individual required posting, making sure they are printed within the legal dimensions and font, and keeping up with constant updates can be quite difficult for many employers nowadays. Labor Law Compliance Center has multiple replacement plan options that ensure your company is automatically sent updated posters whenever the labor law postings are inevitably changed and require replacement to keep up with the governing body in your state. Click here to learn more about our replacement plans offered by Labor Law Compliance Center.

One of the trends that seem to be catching on is the movement towards requiring the upload of labor law postings online — it has already happened in New York effective this year! This has, in the past, been achieved by manually posting the files for the required posters somewhere within the website of the business or even worse — distributing each file by email to every employee within the company. Labor Law Compliance Center can provide your business with our electronic labor law postings solution: eViewer. Our eViewer solution is a one-stop centralized resource that companies can use to allow their employees legally mandated access to all relevant and required labor law postings. eViewer is incredibly flexible and able to adapt to all required posting needs for employers within the United States and Canada. Click here to learn more about the eViewer system offered by Labor Law Compliance Center.