As most state legislatures have been active during the first quarter of 2023, certain trends have started to emerge. Hot topics this year include workplace freedom of speech, reproductive health, the use of artificial intelligence in personnel decisions, pay transparency, family status and family caregiving discrimination, sexual orientation and gender identity discrimination, prohibitions against antisemitism, marijuana legalization, and COVID-19 and non-COVID-19 vaccination mandates in the workplace.

Three months into the new legislative year, with all but a handful of state legislatures currently in session, clear employment law trends for 2023 have emerged. Some of the more significant trends reflect the country’s social and political atmosphere. The COVID-19 pandemic continues to prompt legislation addressing the challenges of the return-to-work environment and employees’ desire to balance work and home life. While it is too early to tell which of the thousands of bills at the federal, state and local levels will ultimately be enacted, the following seem to be the most prevalent trends so far for 2023.

Workplace Freedom of Speech

These bills would restrict how employers may lawfully convey messages to employees about religious and political matters. Many of these bills are being encouraged by unions to prevent mandatory employer-sponsored meetings during unionization campaigns. Connecticut enacted such a “right not to listen” law last year. Some bills introduced...

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