What are the main changes to California employment law that will take effect on January 1, 2025?
Short answer: New victim protections, expanded leave uses, updated salary thresholds, and more.
Full answer: Effective January 1, 2025, several significant changes to California employment law will impact employers of all sizes. These changes include updates to victim protection laws, paid leave policies, anti-discrimination rules, minimum wage increases, and other key areas.
Victim Protection Law Changes:
The definition of a victim has been expanded to include those affected by any qualifying act of violence (QAOV). Employees are now protected from discrimination or retaliation based on a family member’s status as a victim, and employers must provide reasonable accommodations in these cases. Victim leave has also been broadened to include additional reasons, and employers with 25 or more employees must provide annual notices of these rights.
Action Items:Revise your EEO and victim leave policies to include these new protections and ensure that notifications are distributed annually.
Expanded Uses for Paid Sick Leave:
Employees can now use paid sick leave for jury duty, to appear as a witness in court, and for any reason covered under the victim leave law. Agricultural workers exposed to smoke, heat, or flooding can also use paid sick leave. Action Item: Update your paid sick leave policy to reflect these new uses.
Paid Family Leave (PFL) Requirements Changed:
Employers can no longer require employees to use vacation before accessing Paid Family Leave (PFL) benefits. Action Item: Remove any requirements for using vacation time before receiving PFL benefits for leaves starting on or after January 1.
Anti-Discrimination Law Update:
The definition of race, as stipulated in the Fair Employment and Housing Act (FEHA), has undergone revision to exclude the term “historically” in connection with race-based traits. Action Item: Update your EEO policy to reflect this change.
Driver’s License Requirements Prohibited:
Employers with five or more employees cannot require a driver’s license on job applications unless driving is an essential job function, and alternatives would significantly increase costs. Action Item: Remove driver’s license requirements unless the role requires it.
Captive Audience Meetings Prohibited:
Employers cannot force employees to attend meetings focused on religious or political matters or retaliate against them for not attending. Action Item: Allow employees to opt out of such meetings and train supervisors on these requirements.
Minimum Wage and Salary Increases:
Statewide minimum wage: Increases to $16.50 per hour for all employers.
Exempt employee salary: Minimum annual salary threshold rises to $68,640.
Exempt computer software employees: New hourly rate of $56.97 or $118,657.43 annually.
Exempt physicians and surgeons: New hourly rate of $103.75.
Local minimum wage increases: Cities like Mountain View ($19.20), Sunnyvale ($19), and Oakland (up to $24.48 for hotel workers) have new rates.
Action Item: Update payroll systems to comply with new state and local minimum wage rates.
Warning: Avoid Common Mistakes: Ensure all policy updates are communicated clearly and reflected in employee handbooks. Non-compliance can lead to penalties and legal risks.