New Employment Laws 2025 - Part 2
As promised, here is Part 2 of the new employment law developments going into effect in 2025. As I mentioned, we are offering a free 2025 California Employment Law Update webinar for existing and prospective clients on January 29, 2025 from 10am to 11:30 a.m. PST, which you can RSVP for here. Let us know if you have any questions about these new laws!
AB 2499: Expanded Job Leave Protections for Victims of Crime and Abuse
This bill provides greater protections for employees who need to take job-protected leave due to their status as victims of crime or abuse, or due to other court proceedings. It also serves as a vehicle for moving existing provisions on this topic from the Labor Code to Government Code as a part of the unlawful employment practices enumerated in the FEHA, shifting enforcement to the California Civil Rights Department (CCRD) and providing a means for employees to initiate claims in court.
Existing law prohibits employer discrimination or retaliation against employees who take time off for court appearances, jury duty, or because they were victims of certain crimes or abuse. AB 2499 expands these protections to a broader group of employees, now defined as victims of “qualifying acts of violence,” which can include domestic violence, sexual assault, stalking, or any act, conduct, or pattern of conduct that (i) includes bodily injury or death to another, (ii) exhibiting, drawing, brandishing, or using a firearm, or (iii) use of, or an actual or perceived threat to use, force to cause physical injury or death. Under the bill, it does not matter if anyone is ever arrested, prosecuted, or convicted in relation to what the victim experienced.
Additional features of the new law include:
Employees can use vacation time, paid sick leave, personal leave, or other available time off for this protected time off;
Protected leave is available for several purposes for employees assisting family members who are victims; the definition of family member includes a designated person with whom the employee has the equivalent of a family relationship; and
Employers must provide notice of these protections to employees by July 1, 2025 using either the notice CCRD publishes or one that is substantially similar. The notice must be provided at the time of hire, annually to all employees, upon request, or any time an employee discloses their or their qualifying family member’s status as a victim to the employer.
Employers may limit total time off taken by employees to 12 weeks, and leave runs currently with any applicable CFRA or FMLA leave; leave cannot exceed what is provided under the FMLA. This law becomes effective January 1, 2025.
SB 399: Captive Audience Meetings
Most employers in California will soon be prohibited from discharging, threatening to discharge, discriminating against, or retaliating against employees who decline to attend employer meetings or participate in communications that are intended to communicate the employer’s views regarding religious or political matters, which include labor unions. The California Worker Freedom from Employer Intimidation Act becomes effective January 1, 2025, and can subject employers to civil penalties of $500 per employee per violation.
SB 1100: Limitations on Driver’s License Requirements in Job Listings
As of January 1, 2025, employers will no longer be able to list the requirement of a driver’s license in job postings, advertisements, applications, or related materials unless: 1) the employer reasonably expects driving to be necessary for the position, and 2) the employer reasonably believes that using an alternative form of transportation (such as a ride hailing service, walking, biking, or carpooling) would not be comparable in time or cost in carrying out the job.
AB 1870: Workers’ Compensation Posters Must List Right to Counsel
AB 1870, which takes effect January 1, 2025, mandates that workers’ compensation posters/notices begin including information about employees’ right to legal counsel in learning about their rights under the workers’ compensation system. The notice must also mention that an employee’s attorney’s fees are usually paid out of the injured worker’s recovery.
Statewide Minimum Wage Increases
It is important to remember that for all employers regardless of size, the state minimum wage will go up from $16.00 to $16.50 per hour on January 1, 2025. Further, the minimum annual salary for full-time employees to be considered exempt will increase from $66,560 to $68,640. Note that various local ordinances in cities such as San Francisco, Oakland, Berkeley, Santa Rosa, and Los Angeles, require a higher minimum wage than the state minimum for employees performing work in those areas.
Additionally, note that as of October 16, 2024, minimum wage for healthcare workers, as well as other workers employed at covered healthcare facilities, increased according to five separate schedules correlating to employer type. Pursuant to SB 525, which was passed in 2023 but not implemented until now due to budgetary concerns, impacts both hourly and salaried employees. It also requires employers to post a notice of the change in minimum wage, as well as notify employees of the wage schedule that applies to them.
NLRB: Employer Obligation to Bargain With Unions Over Working Conditions
Employers with union workforces should be aware that the federal National Labor Relations Board (NLRB) recently reinstated a prior standard requiring a “clear and unmistakable” waiver of the statutory right to bargain by a union before an employer can change working conditions unilaterally or refuse to bargain on a particular topic. In Endurance Environmental Solutions, LLC, the Board overruled a case that was decided under the first Trump administration, and that permitted employers to change working conditions without bargaining if such a change was within the scope of existing collective bargaining agreement language or encompassed in the parties’ bargaining history. This reversal can expose employers to a higher risk of unfair labor practice charges if they seek to make unilateral changes to working conditions. It is not clear if this change applies retroactively, and the standard itself is likely to change again under the incoming presidential administration.
Feel free to contact us at wilder@clementsemploymentlaw.com with any questions about these new laws or how to update the policies in your employee handbook in accordance with these changes. We will be in touch soon with further details regarding the free training we will be offering this month on compliance with these new requirements.