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State of Compliance for September 2022: W-2s, Minimum Wages, Paid Leave and More

Please note the list below is not intended to be comprehensive. Our team is constantly monitoring for updates that may impact organizations across the country.

In this edition of State of Compliance, your monthly guide to employment legislation, we look at changes at the federal level, in the nation’s capital and across seven states.

This month’s updates include a federal court ruling around W-2s, minimum wage updates and a new law impacting fast-food restaurants in California.

Federal HR Compliance Updates
Arizona
California
Colorado
Florida
Hawaii
Maryland
Rhode Island
Washington, D.C.

Federal HR Compliance Updates

A federal district court recently ruled an employee may not sue their employer for failing to provide a W-2. The court noted failure to furnish a W-2 does, however, create liability for a business to the federal government.

Arizona

Effective Jan. 1, 2023, Arizona’s minimum hourly wage will rise from $12.80 to $13.85.

California

On Sept. 5, the governor signed the Fast Food Accountability and Standards Recovery Act (Assembly Bill 257). The law establishes a council of fast-food workers, employers and state representatives to:

  • consult on workplace standards
  • protect against discrimination and harassment
  • and more

Effective Jan. 1, 2023, Senate Bill 1162 requires California businesses with 15 or more employees to disclose pay and report median and mean hourly rates by demographic.

Colorado

Effective Jan. 2023, Colorado’s minimum hourly wage will rise from $12.56 to $13.65. An hourly $3.02 credit may be taken for employees who regularly receive tips.

Florida

Florida’s minimum hourly wage is now $11. Certain employers may pay their regularly tipped workers $7.98 per hour, but the affected employee must earn enough tips to make up the difference.

Hawaii

Effective immediately, Senate Bill 3289 establishes the Hawaii Retirement Savings Program. The law offers a state-run option for private sector employees who don’t have access to retirement savings plans through their employer.

Maryland

The Maryland Department of Labor has released Policy Issuance 2022-07 to explain how the state’s Work Opportunity Tax Credit applies to employers. Click here for more information about eligibility and applications.

Rhode Island

Effective Jan. 1, 2023, “larger business registrant” taxpayers must file returns and pay Rhode Island taxes electronically. A “larger business registrant” is any person who operates as a business with:

  • a combined annual liability for all taxes administered by the state of $5,000 or more
  • annual gross income over $100,000

Washington, D.C.

Effective immediately, amendments to the Universal Paid Leave Emergency Amendment Act of 2022:

  • decrease the employer payroll tax contribution rates
  • eliminate the one-week waiting period to receive benefit payments
  • set the max duration for each type of qualifying paid leave to:
    • 12 workweeks of parental leave
    • 12 workweeks of family leave
    • 12 workweeks of medical leave
    • 2 workweeks of prenatal leave

DISCLAIMER: The information provided herein does not constitute the provision of legal advice, tax advice, accounting services or professional consulting of any kind. The information provided herein should not be used as a substitute for consultation with professional legal, tax, accounting or other professional advisers. Before making any decision or taking any action, you should consult a professional adviser who has been provided with all pertinent facts relevant to your particular situation and for your particular state(s) of operation.