California – FAQs Explain New Requirement to Include Pay Scale in Job Postings: The California Labor Commissioner has issued guidance on the new law that requires all employers to provide the pay scale to an employee or applicant upon request and employers with 15 or more employees to include the pay scale in any job posting, effective Jan. 1, 2023. The guidance, as summarized in this Legal Update, is in numbers 27 through 34 of the Labor commissioner’s Equal Pay Law FAQs. Click here to read the California Legal Update.

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According to the U.S. Bureau of Labor Statics (BLS), the rate of labor union membership decreased from 10.3% in 2021 to 10.1% in 2022. The 2022 unionization rate is the lowest since the BLS started tracking comparable union data in 1983. Despite the decrease in the union membership rate, the number of wage and salary workers belonging to unions, at 14.3 million in 2022, increased by 273,000 from 2021. This is likely due to the increase in the total number of wage and salary workers in the United States, including those who didn’t join unions. The BLS’ release explained that the “disproportionately large increase in the number of total wage and salary employment compared with the increase in the number of union members led to a decrease in the union membership rate.”

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Recently, the Federal Trade Commission (FTC) announced a proposed rule that would prohibit employers from imposing or enforcing non-compete clauses on workers. The proposed rule will have a public comment window of 60 days after publication in the Federal Register.

• The Rationale for the Proposed Rule – The FTC’s proposed rule is based on President Joe Biden’s 2021 Executive Order on Promoting Competition in the American Economy, which encouraged the FTC to exercise its statutory rule-making authority under the Federal Trade Commission Act to “curtail the unfair use of non-compete clauses and other clauses or agreements that may unfairly limit worker mobility.”

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On Jan. 24, Amazon announced a new Prime membership benefit from Amazon Pharmacy. RxPass will only be available as a subscription service for customers with Amazon Prime memberships. For $5 a month, people can fill as many prescriptions as they need from a list of roughly 50 generic medications. The fee would be out of pocket and in addition to an Amazon Prime membership fee. Amazon noted that Prime members could get discounts of up to 80% off generic drugs and 40% off brand-name medications at more than 60,000 pharmacies across the country. Medications that treat more than 80 common conditions—such as high blood pressure, anxiety, and acid reflux—are included in the subscription. Click here for a complete list of RxPass medications.

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There’s growing anxiety that the U.S. economy is heading into a recession. While a recession impacts organizations of all sizes, small businesses often have limited resources and face a unique set of challenges. As a result, small businesses often must make difficult financial decisions to avoid issues such as insolvency or bankruptcy when a recession hits. That’s why it’s critical for small businesses to now consider how best to prepare for a potential recession.

Tips to help prepare for and minimize the impact of a recession:

1. Re-evaluate compensation strategies
2. Prioritize employee retention
3. Assess organizational talent
4. Establish communication channels
5. Automate internal processes

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4 HR Trends for 2023: Just as teams quickly adapted to changes at the height of the pandemic, they must now adapt and respond to today’s evolving expectations of organizations and employees. Savvy leaders and HR professionals will approach this year with human-centric strategies that holistically support and benefit workers. The trends include increased wages and raises, pay transparency, and several hot topics. Check out our infographic on 4 HR Trends in 2023.

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California – California Employment Laws Effective Jan. 1, 2023. In general, once approved by both the state legislature and the state governor, a new bill in California becomes effective on Jan. 1 of the following year (some exceptions are possible for emergency measures and when the bills specifically appoint a different effective date). The Compliance Bulletin provides an overview of California labor and employment laws that become effective on Jan. 1, 2023. Click here to read the California HR Compliance Bulletin.

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On Dec. 29, 2022, the IRS announced the 2023 optional standard mileage rates, which are used to calculate the deductible costs of operating an automobile for business, charitable, medical, or moving purposes. The 2023 standard mileage rates for the use of a car (also vans, pickups, or panel trucks) will be:

• 65.5 cents per mile driven for business use, up three cents from the midyear rate for the second half of 2022;
• 22 cents per mile driven for medical purposes or for moving purposes for qualified active duty members of the Armed Forces, unchanged  from the midyear rate for the second half of 2022; and
• 14 cents per mile driven in service of charitable organizations. The rate is set by statute and remains unchanged from 2022.

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On Dec. 29, 2022, President Biden signed the Consolidated Appropriations Act of 2023, an omnibus bill that includes the “SECURE 2.0” legislation. It is referred to as such because it builds on the Setting Every Community Up for Retirement Enhancement (SECURE) Act of 2019.

Key SECURE 2.0 provisions include:

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On Dec. 12, 2022, the IRS released a final rule that extends the annual furnishing deadlines for Sections 6055 and 6056 reporting under the Affordable Care Act (ACA). This rule finalizes guidance that was proposed by the IRS in December 2021 with minor clarifications. Specifically, the rule:

• Finalizes the 30-day automatic extension to the due date for furnishing statements to individuals under Sections 6055 and 6056.
• Confirms the availability of an alternate method for furnishing statements to individuals under Section 6055 for every year in which the individual mandate penalty is zero.

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