AAIM COMPLIANCE UPDATE – NOVEMBER 2023

With everything that HR has to do by the end of the year, you’d think the various federal agencies, state governments, executive orders, and court rulings would slow down. Unfortunately, things are busier than ever in the world of HR compliance. Here’s what’s happened recently:

Group of people working in modern office

Federal Updates

November 1, 2023, was the date employers are required to use the recently updated Form I-9. It can be downloaded from I-9 Central on the USCIS website. E-verify has updated its Employee’s Status Attestation Selection to reflect the changes to Form I-9.
The EEOC opened its 2022 EEO-1 Component 1 Data Collection on October 31, 2023. The web portal will remain open through December 5, 2023. Private employers with 100+ employees and federal contractors with 50+ employees and $50,000 in federal contracts must submit demographic data to this report.
The Department of Homeland Security published a proposed rule to modernize the H-1B regulations for workers in specialty occupations.
The EEOC has issued proposed guidance related to effective features and content in anti-harassment policies, training, and complaint processes.
The National Labor Relations Board’s General Counsel is targeting non-solicitation and non-compete agreements. In a recent memo (GC Memo 23-08), Jennifer A. Abruzzo clarified that, in her opinion, employee and customer non-solicitation agreements could violate the National Labor Relations Act by “chilling” an individual’s Section 7 rights.
The NLRB has also issued a final rule revamping their definition of a joint employer. Employers, staffing agencies, and franchisors can all be affected by this final rule.
The Department of Labor has announced the new minimum wage rate for applicable federal contractors beginning January 1, 2024. For federal contracts signed, renewed, or extended on or after January 30, 2022, the minimum wage rate for all employees working on or in connection with the federal contract will increase to $17.20 per hour. For older contracts signed, renewed, or extended between January 1, 2015, through January 29, 2022, the minimum wage rate increases to $12.90 per hour ($9.05 for tipped employees).
President Biden issued an Executive Order regarding safe, secure, and trustworthy artificial intelligence. This follows on the heels of the EEOC’s first lawsuit targeting employer use of AI in hiring.

State Updates

California – It’s no surprise that Governor Newsom has been busy signing several employment law bills into law, including bills that would increase minimum wage for fast food workers, prohibit discrimination on cannabis use, provide longer paid sick leave to employees and more.

Illinois – The IDOL has expanded its FAQs on the new Paid Leave for All Workers Act, which becomes effective January 1, 2024. IL Paid Transparency Law becomes effective January 1, 2025. IL also has a new law requiring private businesses with 100+ employees in the State of IL to submit an application to obtain an Equal Pay Registration Certificate by providing certain pay and demographic information to the Illinois Department of Labor.

Minnesota – On January 1, 2024, Minnesota’s Paid Sick & Safe Time Leave Law goes into effect.

If you need more information about any of the topics discussed in this article, please contact the Solutions Team at solutions.team@aaimea.org.

AAIM COMPLIANCE UPDATE – NOVEMBER 2023

Federal Updates

State Updates

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