New State Laws from 2023

Rhode Island SB 759
Requires sellers of gift cards to post notice warning of scams/instructing consumers what to do as victims/train employees to identify/respond to fraud/violations punishable by a civil fine of $500. Effective on signing, May 20, 2023.

Rhode Island HB 5732
Requires retail mercantile establishments to require employees to be trained on how to identify and respond to gift card fraud. Effective on signing, May 20, 2023. 

Connecticut SB 1018
Increases the minimum balance amount for which consumers using gift cards may request cash refunds. Eliminates the requirement that proof of purchase or a receipt be provided by consumers to receive cash refunds for the balance on certain gift cards. Effective October 1, 2023. 

New York AB 619 
Provides that no person shall sell or offer for sale any cosmetic product or personal care product containing mercury, other than in trace amounts allowed by the food and drug administration as unavoidable under conditions of good manufacturing practice or necessary for use as a preservative in the absence of an effective and safe nonmercurial preservative substitute. Effective June 1, 2023. 

California AB 496
Commencing January 1, 2025, prohibits a person or entity from manufacturing, selling, delivering, holding, or offering for sale in commerce any cosmetic product that contains any of several specified intentionally added ingredients except under specified circumstances. (The list of banned ingredients can be found in the bill link) 

California AB 418
Prohibits a person or entity from manufacturing, selling, delivering, distributing, holding, or offering for sale, in commerce a food product that contains any specified substance, including, among others, brominated vegetable oil and red dye 3 starting January 1, 2027.  

Oregon HB 3043
Revises provisions relating to chemicals in children's products. Becomes operative January 1, 2024. Takes effect on 91st day following adjournment sine die.  

Washington HB 1047
Provides that no person may manufacture, knowingly sell, offer for sale, distribute for sale, or distribute for use in this state any cosmetic product that contains any of the following intentionally added chemicals or chemical classes: Effective Now.  
(a) Ortho-phthalates;
(b) Perfluoroalkyl and polyfluoroalkyl substances;
(c) Formaldehyde (CAS 50-00-0) and chemicals determined by the department to release formaldehyde;
(d) Methylene glycol (CAS 463-57-0);
(e) Mercury and mercury compounds (CAS 7439-97-6);
(f) Triclosan (CAS 3380-34-5);
(g) m-phenylenediamine and its salts (CAS 108-45-2); and
(h) o-phenylenediamine and its salts (CAS 95-54-5).

California AB 1084 (2021)
Requires a retail department store that is physically located in California that has a total of 500 or more employees across all California retail department store locations that sells childcare items or toys to maintain a gender neutral section or area, to be labeled at the discretion of the retailer, in which a reasonable selection of the items and toys for children that it sells shall be displayed, regardless of whether they have been traditionally marketed for either girls or for boys. Beginning on January 1, 2024, the bill would make a retail department store that fails to comply with these provisions liable for a civil penalty not to exceed $250 for a first violation or $500 for a subsequent violation. 

• Alaska: $11.73 (up from $10.85)
• Arizona: $14.35 (up from $13.85)
• California: $16 (up from $15.50)
• Colorado: $14.42 (up from $13.65)
• Connecticut: $15.69 (up from $15)
• Delaware: $13.25 (up from $11.75)
• Hawaii: $14 (up from $12)
• Illinois: $14 (up from $13)
• Maine: $14.15 (up from $13.80)
• Maryland: $14 (up from $13.25)
• Michigan: $10.33 (up from $10.10)
• Minnesota: $10.85 (up from $10.59)
• Missouri: $12.30 (up from $12)
• Montana: $10.30 (up from $9.95)
• Nebraska: $12 (up from $10.50)
• New Jersey: $15.13 for employees at companies with six or more employees (up from $14.13)
• New York: $15 (up from $14.20)
• Ohio: $10.45 (up from $10.10)
• Rhode Island: $14 (up from $13)
• South Dakota: $11 (up from $10.80)
• Vermont: $13.67 (up from $13.18)
• Washington: $16.28 (up from $15.74)

Source

Maine LD 1756
Prohibits an employer from discharging, disciplining or otherwise penalizing or threatening to discharge, discipline or otherwise penalize or taking any adverse employment action against an employee because the employee declines to attend or participate in an employer-sponsored meeting that communicates the opinion of the employer about religious or political matters; declines to receive or listen to a communication from the employer that communicates the opinion of the employer about religious or political matters; or makes a good faith report, orally or in writing, of a violation or a suspected violation of this section. Provides an exemption for a religious employer. Allows an aggrieved employee to bring a civil action. Effective October 23, 2023. 

New York SB 4982
Protects employee freedom of speech and conscience by prohibiting employers from coercing employees into attending or participating in meetings sponsored by the employer concerning the employer's views on political or religious matters. Effective September 6, 2023. 

Minnesota SF 3035 
Prohibits employers from requiring employees to attend meetings sponsored by the employer's concern over employees' views on political or religious matters. Effective August 1, 2023. 

Montana SB 558 
Establishes that a retail establishment offering goods or services for sale must accept United States currency, including federal reserve notes, from a buyer to purchase the goods or services. Effective now. 

Tennessee HB 1306 
Requires an entity that requires on-site payment for services and only accepts payment by quick response code or a credit or debit card machine to accept payment by cash, by check, or through a system that allows the consumer to provide the consumer's credit or debit card information over the phone, or allow the consumer to leave the property without payment at the time, if the quick response code or credit or debit card machine fails to operate correctly to process the payment transaction.

Hawaii SB 1057 
A national trend toward pay transparency continues in Hawaii. A new law that requires employers with more than 50 workers to include in job postings a salary range that “reasonably reflects the actual expected compensation.” But the law does not apply to internal postings and transfers. The new law also expands Hawaii’s equal pay law through statutes that further reduce pay inequality. These amendments prohibit discrimination against protected groups. They also require that employers assess salaries based on “equal pay for substantially similar work” rather than “equal pay for equal work.” Effective January 1, 2024. 

Illinois HB 3129 
Prohibits an employer with 15 or more employees to fail to include the pay scale and benefits for a position in certain job postings. Permits an employer to disclose the pay scale and benefits to the third party and the third party shall include the pay scale and benefits in the job posting. Establishes that an employer is liable for a third party's failure to include the pay scale and benefits in a job posting. Provides that an employer shall announce, post, or otherwise make known all opportunities for promotion to all current employees no later than the same calendar day that the employer makes an external job posting for the position. Provides that an employer shall make and preserve records that document the pay scale and benefits for a position. Provides that an employer shall make and preserve records that document the pay scale and benefits for a position. Provides conditions for investigations of violations. Effective January 1, 2025. 

California, Colorado, New York, and Washington have enacted similar laws related to salary range on job postings. 

New York AB 1029
Will begin automatically sealing most criminal records under a new law for those who have served their sentences and have stayed out of trouble. Employers in certain industries like law enforcement and child care will still have access to some records while hiring staff. Murder and other serious offenses will not be eligible for sealing. Effective on Nov. 16, 2024 one year after it was signed by Gov. Kathy Hochul.  

Similar legislation has been passed in California, New Jersey, and Michigan. 

Utah is the latest state to roll out consumer privacy protections. The Utah Consumer Privacy Act took effect Dec. 31, 2023, and gives consumers the right to know what personal data is being collected and ask it be deleted. 

Florida, Oregon, Texas, and Montana also have comprehensive privacy legislation going into effect later in 2024 along with health data privacy in Washington and Nevada. 
 

• Florida Digital Bill of Rights - Effective July 1, 2024 
• Oregon Consumer Privacy Act - Effective July 1, 2024 
• Texas Data Privacy and Security Act - Effective July 1, 2024 
• Montana Consumer Data Privacy Act - Effective October 1, 2024 
• Washington My Health My Data Act - Effective March 31, 2024
• Nevada Health Privacy Act - Effective March 31, 2024

Comprehensive privacy laws in Delaware, Iowa, and Tennessee go into effect in 2025. A full list of state privacy laws can be accessed here. 

California AB 1305
Companies using carbon offsets to market their products as “net zero” or “carbon neutral” will have to start showing their math also under a new California law. The measure will require such companies to publish disclosures online detailing their use of offsets. Companies marketing offsets will be required to publish information about their carbon offset projects, too. Read more here - Effective January 1, 2024.

Minnesota SF 3035
Establishes that an employer must provide to each employee, upon hire, or within 30 days of the effective date of this section, a written description of each quota to which the employee is subject, including the quantified number of tasks to be performed or materials to be produced or handled within a defined time period, any potential adverse employment action that could result from failure to meet each quota, and any incentives or bonus programs associated with meeting or exceeding each quota. Includes meal and rest period requirements. Establishes conditions under which a quota violates this act. Prohibits an employer from taking adverse action against an employee exercising rights under this action. Also includes additional rules related to ergonomics and employee safety. Effective January 1, 2024. 

Washington HB 1762
Makes substantially similar provisions to what is outlined above. There is no ergonomics requirement. Effective August 1, 2024. 

California SB 699
Clarifies that existing law voids contractual provisions by which a person is restrained from engaging in a lawful profession, trade, or business of any kind, except as otherwise provided. Provides that this bill prohibits an employer from entering into a contract with an employee or prospective employee that includes a provision that is void under existing law. Authorizes an employee, former employee, or prospective employee to bring an action to enforce that law for injunctive relief or the recovery of actual damages, or both, and provides that a prevailing employee, former employee, or prospective employee is entitled to recover reasonable attorney’s fees and costs. Effective January 1, 2024. 

Minnesota SF 3035
The bill bans most non-compete agreements between employers and employees or independent contractors with narrow exemptions. Effective July 1, 2023. 

Colorado HB 1162 (2021)
Requires that most retail food establishments like grocery and convenience stores are not allowed to provide single use plastic carryout bags to customers. These stores can provide customers with recycled paper carryout bags at a fee of at least 10 cents each. Come April 1, 2024 60% of those fee revenues must go to the municipality or county where the store is located. Additionally, retail food establishments are now prohibited from distributing ready-to-eat food in expanded polystyrene food containers. The Plastic Pollution Reduction Act does not apply to any packaging materials used for pharmaceutical drugs, medical devices or dietary supplements. Effective January 1, 2024. 

Colorado HB 1345 (2022)
Dictates that food packaging with intentionally added PFAS may not be distributed. The legislation defines food packaging as being composed substantially of paper, paperboard or other plant fiber-derived materials. Effective January 1, 2024. 

Colorado SB 253
Producers will be required to have independent, third party certification in order to market products as compostable, which they must clearly mark. Effective July 1, 2024. 

Hawaii HB 1644
Bans the manufacture or sale of food packaging with any intentionally added PFAS. Effective December 31, 2024. 

Maryland HB 275 (2022)
Prohibits the manufacture and sale of paper, paperboard or plant fiber-based food packaging with intentionally added PFAS. Effective January 1, 2024. 

Minnesota
Bans the use of intentionally added PFAS in food packaging. The ban applies to all packaging, from unit packaging to shipping containers, and covers inks, tape, strapping and more. 

New Jersey SB 2515 (2022)
NJ’s recycled content law, signed in 2022, goes into effect this year with increasing demands in the years ahead. Standards for all regulated containers and packaging products begin Jan. 18. In 2024, required minimum recycled content thresholds are: 10% in rigid plastic containers, 15% in plastic beverage containers, 35% in glass containers (or 25% in containers made at least half from mixed color cullet), 40% in paper carryout bags and 20% in plastic carryout bags. S2515 also bans polystyrene packing peanuts. Effective January 18, 2024. 

Rhode Island HB 7065 (2022)
Creates a statewide ban on single use plastic bags. The legislation clarifies that the ban does not apply to certain types of plastic bags, such as those used to contain loose produce or for dry cleaning. Effective on January 1, 2024. On July 31, 2024, Rhode Island is banning food packaging that is made or sold in the state from containing intentionally added PFAS. 

Oregon SB 546
Provides that a person may not knowingly manufacture, sell, offer for sale, distribute for sale or distribute for use in the state any cosmetic product that contains PFAS above the practical quantification limit. Effective January 1, 2024.

Maine LD 217
Extends the January 1, 2023, deadline for reporting the use of PFAS in products for sale to January 1, 2025, and authorizes reporting the amount of total organic fluorine if the amount of each PFAS compound is not known and allows the amount of PFAS to be reported based on information provided by a supplier rather than testing. Clarifies the packaging exemption under the law regulating PFAS in products. Clarifies that the requirements and prohibitions of PFAS in products do not apply to used products or used product components and makes other technical clarifications to PFAS reporting requirements. Changes made by the bill to the law regulating PFAS in products are made retroactive to January 1, 2023.

Workers in several states will be guaranteed more time off this year. A new California law effective January 1, 2024 gives workers in the state five days off each year, instead of three, to recover from illness or care for a sick family member. Workers in California are also on Jan. 1 allowed up to five days of leave—though not necessarily paid leave—after pregnancy loss, such as a miscarriage. 

Minnesota requires employers provide six days of paid sick leave annually under a new program that took effect Jan. 1. 

Illinois now requires employers to provide workers with five days of paid time off for any reason.