September 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:

CONNECTICUT

Paid Sick Leave for Service Workers Amendments – Effective October 1, 2023

CT Paid Sick Leave (PSL) permit two additional reasons for use. Employees may now use PSL for a “mental health wellness day,” which provides a day off for an employee to attend to their emotional and psychological well-being.  In addition, employees are now permitted to use PSL to care for the child who is a victim of family violence or sexual assault, as long as the employee is not the actual or alleged perpetrator.

Non-Compete Restrictions for Physician, APRN and PA – Effective October 1, 2023

All physician non-compete agreements entered into or renewed on or after October 1, 2023, may be unenforceable if the physician does not agree to a proposed material change to the terms of employment and if the physician is terminated by the employer unless the termination is for cause.

The same restrictions on physician non-competes are extended to APRN and PA non-compete agreements entered into or renewed after October 1, 2023.

ILLINOIS

Amendment to Victims’ Economic Security and Safety Act – Effective August 1, 2023

The Governor amended the Illinois Victims’ Economic Security and Safety Act (VESSA), which allows employees to take leave for medical attention or counseling services related to domestic or sexual violence or crimes of violence; to obtain services from victim organizations; for legal assistance; and to participate in safety planning. VESSA has amended the law to make leave available to employees grieving a family member’s death arising from a crime of violence.

This amendment entitles employees to a total of up to two workweeks of unpaid leave (10 workdays) in the event of the death of a family or household member who was killed in a crime of violence.

Child Extended Bereavement Leave (CEBLA) – Effective January 1, 2024

Illinois employers with 50 or more employees need to extend additional amounts of unpaid leave to employees who suffer the loss of a child due to homicide or suicide.

• Employers with 50-249 full-time employees will be required to provide up to 6 weeks of unpaid leave.
• Employers with 250+ full-time employees will be required to provide up to 12 weeks of unpaid leave.

Employees eligible for CEBLA must have been employed for at least two weeks. Employers can require advance notice and documentation to support the need for such leave.

New Notice Distribution Requirements – Remote Employees – Effective January 1, 2024

Effective January 1, 2024, IL employers will be required to distribute specific Illinois laws to those employees who do not regularly report to the employer’s office. This includes employees who travel regularly for work or work remotely. This can be accomplished either by email, employer’s website, or Company intranet site. This amendment applies to following IL Laws:

• The Illinois Minimum Wage Law
• The Illinois Equal Pay Act of 2003.
• The Illinois Wage Payment and Collection Act.
• The Illinois Child Labor Law

TEXAS

CROWN Act – Effective September 1, 2023

The Texas CROWN Act went into effect on September 1, 2023. The Act claims to eliminate discrimination based on hairstyles commonly associated with race, national origin, ethnicity, or culture. This includes such hairstyles as Afros, Bantu knots, braids, cornrows, curls, locs, twists, or hair that is tightly coiled or tightly curled.

 Employers should review their dress code and appearance policies to ensure they are consistent with the CROWN Act law and do not prohibit or discriminate against an employee’s hair or hairstyles. Employers should also inform and train supervisors and managers that they are not to discriminate or retaliate against, or otherwise deny opportunities to, employees for wearing protective hairstyles per the law.

Interested in other current employment trends? Click the link to view the recent blog: Conflict in the Workplace: Sharpen Your Communication Skills to Avoid Tension or check back for more on human resources, payroll, insurance, and benefits.

This article does not constitute legal advice, and there are subtle variations in employment law as it pertains to these topics, depending on where your business operates. It is strongly suggested that you seek consultation or legal counsel before