12/06/2024
On January 1, 2025, the following changes to California employment law take effect and, unless otherwise noted, apply to employers of all sizes. Below are summaries of the changes. For more information, see our platform.
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 updated. The changes include (but aren’t limited to) the following:
The definition of victim will be broadened to include victims of any qualifying act of violence (QAOV).
Employees will be protected from discrimination or retaliation based on a family member’s status as a victim.
Reasonable accommodations must be provided to an employee whose family member is a victim.
The victim leave provisions will include new leave reasons and will allow employees to take leave when a family member is a victim.
Employers will be required to provide notice of these protections to all employees annually, and whenever an employee notifies them that they or their family member is a victim.
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 from the California Civil Rights Department, 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.
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
Additionally, agricultural employees who work outside will be able to use paid sick leave to avoid certain smoke, heat, or flooding conditions.
Action Item
Update your paid sick leave policy to include the new leave reasons.
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.
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.
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.
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.
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. The law contains several exceptions, which are covered on the platform.
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.
MINIMUM WAGES AND SALARIES
Statewide Minimum Wage
The minimum wage for employers of all sizes will increase to $16.50 per hour. Employers covered by higher local or industry-specific minimum wages must comply with those rates.
Exempt Employee Minimum Salaries and Wages
The minimum salary threshold for exempt employees will increase to $1,320 per week ($68,640 annually).
The minimum pay for exempt computer software employees will increase to an hourly rate of $56.97 or an annual salary of $118,657.43.
The minimum rate for exempt licensed physicians and surgeons paid on an hourly basis will increase to $103.75 per hour.
Local Minimum Wages
The hourly minimum wage will also increase in the following localities:
Belmont: $18.30
Burlingame: $17.43
Cupertino: $18.20
Daly City: $17.07
East Palo Alto: $17.45
El Cerrito: $18.34
Foster City: $17.40
Half Moon Bay: $17.47
Hayward (25 or fewer): $16.50 (state rate)
Hayward (26 or more): $17.36
Los Altos: $18.20
Menlo Park: $17.10
Mountain View: $19.20
Novato (25 or fewer employees): $16.42
Novato (26–99 employees): $17
Novato (100 or more employees): $17.27
Oakland: $16.89
Oakland (hotels with health benefits): $18.36
Oakland (hotels without health benefits): $24.48
Palo Alto: $18.20
Petaluma: $17.97
Redwood City: $18.20
Richmond (with benefits): $16.50 (state rate)
Richmond (without benefits): $17.77
San Carlos: $17.32
San Diego: $17.25
San Jose: $17.95
San Mateo City: $17.95
San Mateo County (unincorporated areas): $17.46
Santa Clara City: $18.20
Santa Rosa: TBD
Sonoma City (25 or fewer employees): $16.96
Sonoma City (26 or more employees): $18.02
South San Francisco: $17.70
Sunnyvale: $19
