HR Update: August 3rd, 2023

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Hawaii Enacts Pay Transparency Law and Broadens Equal Pay Law

On July 3, 2023, Hawaii joined eight other states, as well as eight cities/counties, by enacting SB 1057, which requires that certain job listings disclose the hourly rate or salary range that “reasonably reflects the actual expected compensation” for the position being posted. According to the Hawaii legislature, including information about pay or salary in job advertisements will help increase pay transparency and equal pay for all employees. Learn More


Protecting the Local CROWN: Combing Through Florida’s Ordinances Prohibiting Discrimination Based on Hairstyles and Textures

Although not widespread, ordinances prohibiting discrimination based on natural hairstyles and textures are not completely foreign to Florida, and amidst a perceived rise in “anti-wokeness,” employers in the Sunshine State must remember the sun has not set on local governments’ ability to impose liability for discrimination based on natural hairstyles and textures. Learn More


USCIS Announces Alternative Procedure for Completion of Form I-9 – Permanent Virtual Verification

In an ever-evolving digital landscape, the United States Citizenship and Immigration Services (USCIS) has given employers a new option for verifying employment eligibility. On July 21, 2023, the USCIS announced a final rule, effective August 1, 2023, that allows employers to have an alternative procedure (also referred to as “permanent virtual verification”), whereby qualifying employers may inspect employees’ Form I-9 documentation virtually as opposed to performing a physical verification, which was required for all new hires until the COVID-19 exception was created in March 2020. This innovative approach aims to modernize the process of employment eligibility verification while ensuring compliance with immigration laws. Learn More


Maryland Enacts a Name, Image, and Likeness Law

Maryland has enacted a law allowing student-athletes to earn compensation from name, image, and likeness (NIL) endorsement deals. The law, Md. Code Ann., Educ. § 15-131, went into effect on July 1, 2023, and is part of a continuing trend of states implementing legislation allowing student-athletes to monetize endorsements. Learn More


Delaware Issues First Round of Regulations Interpreting the Healthy Delaware Families Act

Last year, Delaware enacted the Healthy Delaware Families Act (HDFA), adding Delaware to an expanding list of jurisdictions with a paid family and medical leave (PFML) requirement. The PFML program is not yet live, and the obligation to provide paid benefits under the program does not begin until January 1, 2026, with employer and employee contributions beginning January 1, 2025. On July 11, 2023, the Delaware Department of Labor’s Division of Paid Leave published an initial set of rules regarding the program. This article emphasizes key portions of the rules for Delaware employers as they prepare to implement this new PFML program. Learn More


Temporary Rules for Temporary Workers? New Jersey Department of Labor Issues Guidance on Temporary Workers’ Bill of Rights

Earlier this year New Jersey Governor Phil Murphy signed into law the Temporary Workers’ Bill of Rights (the “Bill of Rights”), which established numerous labor and employment protections for large portions of New Jersey’s more than 125,000 temporary workers. The Bill of Rights’ practical implications are far-reaching, imposing new rules related to pay and benefit equity, and recordkeeping and notice requirements for covered “temporary help service firms” that employ, directly or indirectly, “temporary laborers” in certain “designated classification placements.” On July 21, 2023 (months after certain provisions of the Bill of Rights already went into effect) the New Jersey Department of Labor and Workforce Development posted on its website a Notice of Proposal containing proposed rules to implement Sections 1 through 7, and Section 10, of the Bill of Rights. Learn More

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