5 Employment Law Predictions for 2023

With federal paid leave remaining a long shot in 2023, experts anticipate expanded paid leave laws this year. Minnesota, for example, looks poised to pass a paid leave law of some sort. But many observers also point to expanded leave types and updated laws in the future — bereavement leave in California, additional parental leave for birth and adoption, as well as expanded definitions, like “family member” in New York to start the year. Already in 2023, Illinois has already passed a paid leave law that allows workers to use it for any reason.

The U.S. Department of Labor has been adding investigators. The Occupational Safety and Health Administration has ramped up enforcement, including updating its Severe Violator Enforcement Program. And employers continue to run afoul of the (still not updated) independent contractor rule. Enhanced federal enforcement of employment laws is expected to continue in 2023, with more subpoenas and more criminal referrals for violations.

In a recent SHRM survey of HR professionals, 83 percent cited a lack of proper technology as a challenge. From the use of artificial intelligence in hiring decisions to more companies utilizing employment law compliance platforms, a renewed emphasis on technology is likely on deck this year. Plus, a talent shortage, the Great Resignation, quiet quitting and other factors will prompt the use of more tech tools for employment law compliance in 2023.

The Speak Out Act. Non-disparagement clauses in employee agreements. Protected use of recreational marijuana off-the-clock. Lawmakers will likely continue to pass legislation related to harassment and discrimination in 2023. The growth of CROWN laws, legislation preventing non-disclosure agreements and bills related to reproductive health, as was recently the case in California and could potentially impact the federal level this year, is expected to continue. Minnesota is on the verge of passing a CROWN law, and Congress is also considering it.