August 2023 Legal Updates
INFINITI HR is happy to provide Monthly State Labor Law Updates as a service to our subscribers. These briefs provide a general description and are not meant to be all-inclusive of compliance requirements. This list is not inclusive of all legislative changes for employers across the U.S. Changes may have been addressed in previous updates, which can be accessed from our blog.
Employers are encouraged to work with their Inspiring HR Consultant before making policy changes to capture the full requirements of these laws.
Some of the notable recent and upcoming state changes in this issue are as follows:
NEVADA
NV Penalties for Misclassification Amended – Effective July 1, 2023
Senate Bill 145 modified penalties for misclassifying an employee as an independent contractor, or otherwise failing to properly classify an employee, to a warning for the first offense, and a $5000 fine for a second or subsequent offense for each employee who was willfully misclassified.
The bill also requires various NV agencies to share information relating to suspected employee misclassification, such as the Department of Taxation and Division of Industrial Relations, among others, unless legally declared to be confidential.
NEW YORK
NY Worker Adjustment Retraining and Notification – Effective June 21, 2023
New York recently changed the requirements of their Worker Adjustment Retraining and Notification (WARN) Act. The law applies to employers with 50 or more full-time employees at a single site, and requires them to provide a 90-day notice to all affected employees of a permanent mass layoff or business closure.
OREGON
Oregon Paid Leave – Benefits Begin 9/3/2023
Beginning on September 3, 2023, workers who earned at least $1000 in the year prior to filing a claim will be eligible to take paid leave during covered circumstances:
- Family Leave – to care for a family member with a serious illness or injury, or to bond with a new child after birth, adoption or foster care placement.
- Medical Leave – during one’s own serious health condition.
- Safe Leave – for survivors of sexual assault, domestic violence, harassment, or stalking.
Employers are required to post this notice in a conspicuous place at each worksite, share the notice electronically with remote employees, and provide a copy to new employees upon hire.
Interested in other current employment trends? Click the link to view the recent blog: The Big Stay: A New Workplace Trend Presents Opportunities for Small Businesses or check back for more on human resources, payroll, insurance, and benefits.
