NEW CALIFORNIA EMPLOYMENT LAWS FOR 2025 By Teresa McQueen, Corporate Counsel California employment-related laws from the 2024 legislative session address several issues impacting agricultural employers. Updates include changes to the Fair Employment & Housing Act (FEHA) and employer-paid sick leave benefits. Prompt action should be taken to assure compliance with all updates. Below is a summary of many of the laws affecting employers in the state, effective January 1, 2025, unless otherwise noted.
Minimum Wage Increase The minimum wage increases to $16.50 per hour. Exempt employee minimum salary levels increase to $68,640 per year ($5,720 per month). SB 1137 – Intersectionality SB 1137 amends FEHA to address claims based on any combination of protected characteristics, or “intersectionality” (i.e., discrimination based on any combination of protected classifications). AB 2499 – Victims of Violence AB 2499 prohibits discrimination/retaliation/ discharge of employees taking time off for jury service, to appear in court as a witness, as a victim of a qualifying act of violence, for their/their child’s health, safety, welfare and (employers with 25-plus employees) to assist a family member impacted by a qualifying act of violence. AB 2499 provides reasonable accommodation eligibility and paid sick leave benefits for qualified employees. SB 1100 – Discrimination: Driver’s License SB 1100 introduces a two-part test governing when employers may require job applicants to possess a driver’s license: 1) Employers must reasonably expect driving to be one of the job functions, and 2) Believe that using an alternative form of transportation would not be comparable in travel time or cost to the employer. AB 1815 – Discrimination Race/Hairstyles AB 1815 expands the definition of “race” and “protective hairstyles” across several statutes by removing the term “historically” and including traits associated with race beyond hair texture and protective hairstyles. "In light of these legislative changes, it is imperative for employers to thoroughly review their existing policies and
SB 1340 – Discrimination: Local Enforcement SB 1340 allows political subdivisions of the state to enact/enforce anti-discrimination laws that are at least as protective as state law. Local enforcement may occur only after the Civil Rights Department issues a right-to- sue notice and before the expiration of the time to file a civil action. SB 399 – Worker Freedom from Employer Intimidation Act SB 399 prohibits “captive audience” meetings discussing religious/political matters, including union- representation discussions. Discrimination/retaliation, threats of discharge, or taking “any other adverse action” against employees who decline to attend captive meetings or refuse to participate in/receive/listen to employer communications regarding religious/political matters are prohibited. SB 1105 – Paid Sick Leave - Agricultural Employees SB 1105 expands paid sick leave benefits for agricultural employees under the Healthy Workplaces, Healthy Families Act of 2024. Leave uses now include avoiding smoke, heat or flooding conditions created by a local/state emergency. AB 2738 – Alternative Enforcement AB 2738 authorizes public prosecutors to recover all remedies available under the Labor Code. Recovered remedies go first to workers for unpaid wages, damages or penalties, with the remainder to the state’s General Fund. Recovery of fees/costs to a prevailing plaintiff are also authorized. Heat Illness Prevention (Indoor) Cal/OSHA requires indoor workplaces to be cooled below 87°F when employees are present, and below 82°F in areas where workers wear protective clothing or work in high radiant heat areas, if feasible. When temperatures reach 87°F, employers should cool down the work area, implement work-rest schedules and supply personal heat-protective equipment. Regulations apply to all indoor workplaces, including warehouses, restaurants, manufacturing facilities and spaces under a ceiling/ overhead covering restricting airflow. SB 553 - Workplace Violence Prevention Plan (WVPP) SB 553 mandates employers develop/implement a WVPP meeting specific standards, including maintaining a violent incident log, providing training to all employees and recordkeeping. Look for regulations to be adopted by the Standard Board by December 31, 2026.
procedures to ensure they are in full compliance with the new rules."
6 Western Grower & Shipper | www.wga.com January | February 2025
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