On January 1, 2025, the following employment law changes take effect and, unless otherwise noted, apply to employers of all sizes.

Victim Protection Law Changes

The state’s victim protection law, which prohibits discrimination against victims and requires that employers with 25 or more employees provide victim leave, will be modified and expanded. Below are the highlights:

Broader Meaning of Covered Victims

The definition of victim will be broadened to include victims of any qualifying act of violence (QAOV). A QAOV means domestic violence, sexual assault, stalking and any act or pattern of conduct that:

✓ Causes bodily injury or death

✓ Involves a firearm or other dangerous weapon

✓ Involves force, or the threat of force, to cause injury or death.

Additionally, employees will be protected from discrimination or retaliation based on a family member’s status as a victim, and reasonable accommodations must be provided to an employee whose family member is a victim.

Leave Provisions Expanded

The victim leave provisions, which apply to employers with 25 or more employees, will be updated to allow employees to take leave when a family member is a victim. Additionally, employees will be allowed to take leave for several new reasons, including relocating or preparing for a legal proceeding. Finally, the law will allow employers to limit employees to a maximum amount of leave.

Additional Employer Notice Required

In addition to providing written notice of victim rights at the time of hire and upon request, employers will be required to provide it annually to all employees, and whenever an employee notifies them that they or their family member is a victim.

The Civil Rights Department will create a new model notice that will be posted on its website by July 1, 2025 (employers won’t be required to provide the new notice until it’s available).

Action Items

✓ Update your equal employment opportunity policies to include victims of a QAOV as well as those who have a family member that is a victim of a QAOV.

✓ If you have 25 or more employees, update your victim leave policy to include the new protections for family members and new reasons for leave.

✓ When it becomes available, provide the notice of victim rights annually to all employees, as well as whenever you are notified that an employee or their family member is a victim.

CA A 2499 was signed by the governor on September 29, 2024.

Paid Sick Leave Uses Expanded

Employees will be able to use paid sick leave for the following:

✓ Jury duty

✓ To appear in court under a court order as a witness in a judicial proceeding

✓ For any reason covered under the victim leave law when they or their family member is a victim of a QAOV (the statute seems to indicate that this applies to employers of all sizes, but the Department of Industrial Relations is currently interpreting it to apply to employers with 25 or more employees)

Action Item

Update your paid sick leave policy to include the new leave reasons.

CA A 2499 was signed by the governor on September 29, 2024.

Paid Family Leave Requirements Changed

Employers will no longer be allowed to require employees to use up to two weeks of accrued but unused vacation time before being able to receive Paid Family Leave (PFL) insurance benefits from the state. This new rule will apply to PFL leaves that begin on or after January 1, 2025.

Action Item

Update your family leave policies to remove any requirements that employees must use vacation time before receiving PFL benefits for leaves that begin on or after January 1.

CA A 2123 was signed by the governor on September 29, 2024.

Antidiscrimination Law Updated

Under the state’s Fair Employment and Housing Act (FEHA), which applies to employers with five or more employees, the definition of race currently includes traits historically associated with race. The word “historically” will be removed.The law will also specifically prohibit discrimination on the basis of any combination of protected characteristics. By all accounts, the state and federal laws already covered this, but California wanted to make it extremely clear to employers.

CA S 1137 was signed by the governor on September 27, 2024.

Action Item

If your Equal Employment Opportunity (EEO) policy covers traits “historically associated with race,” remove the word historically.

Driver’s License Requirements Prohibited

Employers with five or more employees will be prohibited from stating that applicants must have a driver’s license in an application, job ad, or job posting. An exception applies if driving is a job function of the position (e.g., a delivery driver) and using alternative transportation would increase travel time or cost to the employer.

Action Item

Remove any driver’s license requirement from your job ads or applications, unless the exception applies.

CA S 1100 was signed by the governor on September 28, 2024.

Captive Audience Meetings Prohibited

Employers will be prohibited from taking—or threatening to take—adverse action against an employee for not attending an employer-sponsored meeting if its purpose is to express the employer’s opinion on religious or political matters. The same applies to participating in or receiving communications for these purposes. Laws of this type are primarily aimed at preventing employees from being forced to attend anti-unionization meetings.

Employees who are working during meetings covered by the law, but who decline to attend, must still be paid for the time that the meeting is held.The law defines matters as religious if they relate to religious affiliation and practice and the decision to join or support any religious organization or association. Matters are considered political if they relate to any of the following:

✓ Elections for political office

✓ Political parties

✓ Legislation or regulations

✓ The decision to join or support any political party or political or labor organization

The law contains several exceptions, including, but not limited to, communications that are legally mandated and those required for the employee to perform their job duties.

Action Item

Allow employees to opt out of any meeting or communication covered by this law and make sure supervisors understand the requirements of the law.

CA S 399 was signed by the governor on September 27, 2024.

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