Federal: President Biden Signs the Speak Out Act:
Effective December 7, the Act does not allow for judicial enforcement of a nondisclosure, or no disparagement clause agreed to before a dispute arises involving sexual assault or harassment. This does still allow for protection for trade secrets or proprietary information.

Paid Family Leave Expanded to Cover Siblings:
Beginning on January 1, 2023, eligible employees will be entitled to use Paid Family Leave (PFL) to care for a sibling (whether biological, adopted, step, or half) with a serious health condition in addition to the family members who are currently covered.

COVID Vaccination Leave Extended:
Employees will still be entitled to take COVID vaccination leave in 2023. This leave entitlement was originally set to expire on December 31, 2022, but was extended for an additional year. Employees can take up to four hours of paid leave per COVID vaccine injection, including boosters. This leave is in addition to all other leave the employee is entitled to.

Minimum Wages and Salaries:
Changes to minimum wage and salary thresholds apply as of December 31, 2022. Note that home care aides must be paid $2 per hour more than the applicable minimum wage. The rates in New York City, Long Island, and Westchester County remain unchanged.

The minimum wage in upstate New York (all areas outside of New York City, Long Island, and Westchester County) will increase to $14.20 per hour. The minimum base wage for tipped hospitality workers will be $11.85 per hour for service employees and $9.45 per hour for food service workers.

The minimum salary threshold for exempt executive and administrative employees will increase to $1,064.25 per week ($55,341 annually).

Federal: Use of Online Tracking Technologies by HIPAA-Covered Entities and Business Associates
On December 1, 2022, the Office for Civil Rights (OCR) released a bulletin about the use of online tracking technologies for entities and business associates (regulated entities) covered by the Privacy, Security, and Breach Notification Rules of the Health Insurance Portability and Accountability Act of 1996 (HIPAA). The bulletin defines tracking technology and how the HIPPA Rules apply: i.On user-authenticated webpages; ii.On unauthenticated webpages; iii.Within mobile apps; and iv.To HIPAA compliance obligations for regulated entities when using tracking technologies.

Tracking technologies collect and analyze information about user interaction with websites or mobile apps. For example, a regulated entity hires a technology vendor to analyze user interaction with its website or app as part of its health care operations. The HIPAA Rules apply when information collected by that regulated entity—through the a.tracking technology or information disclosed to tracking technology vendors—includes protected health information (PHI).

RDGPayroll Clients:
Effective 1/1/23, we will be debiting payroll fees at the time of billing. If you have questions or concerns on billing, we are happy to credit, refund or make an adjustment. By doing this, we can streamline our process and reduce errors.We know this is new, thank you in advance for your understanding!

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