HR Update: May 23rd, 2023


What Does the End of Title 42 and I-9 Flexibility Mean for Employers?

U.S. immigration policy and the Biden administration’s response to the ongoing migration crisis have been hot topics in the news. We break down potential considerations for employers as the pandemic-era immigration policy ends and border crossings from individuals without documentation in search of asylum are expected to rise sharply. Learn More


Chicago Clarifies that its Anti-Harassment Law Applies to all Employers with Employees Working in Chicago

Last year, the Chicago City Council amended the City’s sexual harassment ordinance for the express purpose of promoting zero tolerance of violence and harassment in the workplace. In interpreting the amendments, however, the City applied an incorrect definition of “employer.” Specifically, under the City’s initial guidance, businesses with employees working in Chicago were considered “employers” required to comply with the amended ordinance only if they maintained a physical presence in Chicago and/or were subject to the City’s licensing requirements. In recently published guidance, the City corrects its position. Learn More


Colorado Supplemental Sick Leave Relating to COVID-19 Ends in June 2023

Since January 1, 2021, Colorado’s Healthy Families & Workplaces Act (HFWA) has required employers to provide up to 80 hours of supplemental public health emergency leave (“PHE leave”) for conditions relating to COVID-19. That obligation ends on June 9, 2023. Learn More

The End of COVID-19 Government Regulations in Puerto Rico? Governor Declares the End of the State of Emergency

On May 11, 2023, Puerto Rico Governor Hon. Pedro Pierluisi issued Executive Order No. 2023-012 (“EO 2023-012” or “EO”), through which he declared the end of the state of emergency caused by COVID-19. Governor Pierluisi reiterated, however, that the Secretary of the Puerto Rico Department of Health retains the authority to publish and implement regulations, directives, administrative orders, protocols or recommendations to deal with COVID-19. Learn More


Minnesota Is Poised to Enact a Law Banning Virtually All Non-Compete Agreements

A proposed bill banning virtually all covenants not to compete (also known as non-compete agreements) is headed to the Minnesota State Senate and House of Representatives, where it is widely expected to pass. Once it arrives on Governor Tim Walz’s desk, he is almost certain to sign the proposed bill into law. With the enactment of a law banning non-compete agreements, Minnesota would join the ranks of California, Oklahoma, and North Dakota as the fourth state to make non-compete agreements completely void and unenforceable by statute. This development would materially impact Minnesota employers’ ability to protect their trade secrets, confidential business information, and other intellectual property. If the proposed bill becomes law as expected, Minnesota employers would need to take immediate action to address this seismic change and implement new strategies to protect their invaluable intellectual property, customer relationships, and investment in employee training. Learn More


As Minnesota Nears Broad Marijuana Legalization, Employers Should Anticipate Testing, Policy Changes

With just days remaining in the legislative session, Minnesota lawmakers remain on track to legalize recreational marijuana, significantly modify the state’s drug-testing law, and limit employers’ rights to prohibit employee off-duty marijuana use and impose discipline for marijuana-related conduct, among other changes to the laws surrounding marijuana use in the state. Learn More

Minnesota Passes State-Wide Earned Sick and Safe Leave Law

Minnesota will soon join the ranks of states with state-wide earned paid sick and safe leave requirements. The Minnesota legislature passed an Earned Sick and Safe Leave law (ESSL), and Governor Tim Walz has promised to sign the Omnibus Jobs Act which includes the ESSL provisions. The ESSL provisions, effective January 1, 2024, do not preempt other local paid sick and safe time laws but are similar to those in Minneapolis, St. Paul, and Bloomington (going into effect July 1, 2023). All of the ordinances differ slightly, so employers must be conscious of the details. Duluth also has a paid sick and safe leave ordinance, but it differs more significantly from the other cities’ laws. Learn More


How can we be proactive about addressing conflict in the workplace?

There are many ways to address conflicts in the workplace, before they turn into bigger concerns and more serious obstacles for your organization. The starting point is the ability to reframe the issue of conflict: develop an “attitude of resolution” that views conflict as an opportunity to solve a problem rather than as a confrontation to be avoided. Meaningful conflict resolution involves cooperative problem solving among all levels of an organization. Done right, it can result in better teamwork and communication, greater productivity, enhanced employment law compliance, reduced litigation risk, and a host of other workplace and business benefits. Learn More


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