Workplace and Employment Law Trends for 2023

By: Gregg Zeff
On: January 30, 2023

Employment law Trends

What are the Expected Predominant Employment Law Trends for 2023?

In 2022, we saw many changes in trends that shaped employment law trends across the country and even locally in Pennsylvania and New Jersey. As a result, it’s no surprise that we anticipate employment law to change and evolve again throughout the new year. In this article we’re looking at some of the changes and trends that we’re already seeing spring up in employment law practice and offer some of our insights on these topics and issues. As 2023 marches forward, we’ll be keeping our eye out for additional trends happening, and will be looking to see how the issues we discuss below continue to evolve overtime.

What new Employment Laws Took Effect Around the Country?

We are only a month into 2023, but we are already seeing some interesting employment law trends and changes that are happening. Across the country, we are seeing an uptick in pay transparency laws, modifications to paid time off requirements, and an increased focus on discrimination and harassment in the workplace.

Pay Transparency

In response to ongoing concerns about pay equity, many states implemented pay transparency laws that went into effect at the start of the new year. For example, California, Washington, and Rhode Island enacted new laws requiring employers to include salary ranges in job postings. The goal of these laws is to give potential employees a more informed look at the job posting, the competitiveness of the job they are applying for, and their value in the job market. They are also designed to ensure that whoever gets the job is paid a fair wage and does not receive an undercut salary once hired. We anticipate that other states will follow this employment law trend in the coming years.

Paid Time Off Requirement

Paid time off requirements have evolved significantly since the outbreak of the pandemic in 2020, and already in 2023, some states are continuing to make changes to these laws. For example, New York expanded paid family leave to include siblings, and Illinois and California added additional terms to bereavement leave requirements. In Colorado, employers are now required to comply with a variety of new leave requirements that were ushered in by the state-run FAMLI program, and employers in Rhode Island are now required to offer six weeks of paid caregiver benefits to employees. Many states have hinted to more changes in their leave requirements and we expect to see even more of this employment law trend as the year pushes on.

Increased Focus on Discrimination and Harassment in the Workplace

Equality in the workplace continues to be an important priority in employment law, and 2023 has already seen some states add more protections to employees to prevent discrimination and harassment. One significant change that has already occurred is that California has expanded its list of protected categories that are to be free from discrimination and harassment to include reproductive health decision making and to also prohibit retaliation based on decisions relating to reproductive health. Similarly, the CROWN act (Create a Respectful and Open Workplace for Natural Hair) in Illinois expanded the definition of race to include “traits historically associated with race,” meaning that characteristics like hairstyles or tattoos that are commonly associated with certain races cannot be discriminated against in the workplace. Given that over a third of the states have passed a form of the CROWN act, we would not be surprised to see similar employment law trends like this one in additional states.

What New Employment Laws Take Effect in New Jersey in 2023?

The biggest New Jersey employment law trend is that the state’s new mandatory minimum wage requirement became effective on January 1st. As a result, starting in the new year, employers are required to compensate employees a minimum of $14.13 per hour (unless they are tipped employees, in which case the minimum pay is $5.27 per hour provided that the tips earned equals the minimum wage). The law also introduces wage increases for seasonal workers, agricultural employers, care staff at long-term care facilities, and employees of small employers.

In Pennsylvania, What New Employment Laws Take Effect in 2023?

So far, Pennsylvania stayed quiet in terms of employment law trends. For those living in Philadelphia, employers are now required to provide mass transit and bicycle commuter benefits if they employ 50 or more individuals. Pennsylvania is expected to address additional employment law issues as the year progresses, and as always, we will keep a close eye on any developments that happen here.

Zeff Law Firm Stays on Top of Employment Law Trends for 2023 and Beyond!

At Zeff Law Firm, we strive to protect employees from employers who exploit the valuable work their employees provide. For this reason, we stay apprised of the latest employment law trends in both local and national employment law and provide the best legal advice for each situation. There is nothing more satisfying than knowing that we are able to ensure that our clients are being treated fairly in the workplace and that their employer is compliant with all applicable laws and statutes. If you have questions or concerns about your place of employment, don’t hesitate to contact us- we are ready to talk to you today about your employment law needs.


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