As the 2023 summer hiring season begins, employers should take note of several legal developments that could materially impact decision-making at various stages of the employment relationship, starting with recruitment and hiring. Jurisdictions across the country have broadened workers’ rights by enacting new statutes and regulations that govern the way employers communicate with applicants, current employees, and the public. These developments include things like pay transparency laws, paid sick leave laws, meal breaks and pay requirements, compliance with the Americans with Disabilities Act, background checks, and increased interest in unionization.

1. Pay Transparency Laws: States and local jurisdictions, like New York City, California, Colorado, and Washington, among others (with additional bills pending at press time), require job postings to contain a wage scale or salary range under certain circumstances. There are nuances unique to each such law as to what must be disclosed, when, in what format, and under what circumstances, as well as whether the requirements apply to remote or hybrid positions. Employers operating in these jurisdictions should apprise themselves of these requirements to ensure compliance as 2023 hiring begins.
2. Paid Sick Leave Laws: Multiple states enacted paid sick and safe leave laws that could apply to seasonal workers. For example, California requires accrued and unused sick leave to be restored if a covered employer re-hires the same worker...

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