California | Victim Protection Law Changes
Effective January 1, 2025, 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.
California | Paid Sick Leave Uses Expanded
Beginning January 1, 2025, 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
Action Item
Update your paid sick leave policy to include the new leave reasons.
California | 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.
California | Antidiscrimination Law Updated
Beginning January 1, 2025, 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.
Action Item
If your Equal Employment Opportunity (EEO) policy covers traits “historically associated with race,” remove the word historically.
California | Driver’s License Requirements Prohibited
Effective January 1, 2025, 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.
California | Captive Audience Meetings Prohibited
Beginning January 1, 2025, 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.
California | Disability Insurance Updates Effective January 1, 2025
Effective January 1, 2025, the California State Disability Insurance (SDI) and Paid Family Leave (PFL) programs will undergo significant changes outlined in CA S 1090. Key highlights include:
- Advanced claims filing: Employees can initiate their claims process up to 30 days in advance of their anticipated first compensable day.
- Updated weekly benefit amounts: The weekly benefit amount for eligible claims will increase to approximately 70% to 90% of the employee’s wages, up to the maximum amount.
California | CROWN Act
The state passed its version of the CROWN Act, which add traits such as “hair texture and protective hairstyles” to the definition of “race,” effective January 1, 2025. Protected hairstyles include “such hairstyles as braids, locs, and twists.”
California | Freelance Worker Protection Act
Beginning January 1, 2025, California enacts the Freelance Worker Protection Act, which imposes minimum requirements relating to contracts between a hiring party and a freelance worker, including a written contract and timely payment provisions. The law also provides retaliation and enforcement protections. Under the new law, a “freelance worker” is defined as a person or organization composed of no more than one person, whether or not incorporated or employing a trade name, that is hired or retained as a bona fide independent contractor by the hiring party to provide professional services in exchange for an amount equal to or greater than $250.
California | Personal or Professional Services Agreement
Effective January 1, 2025, California enacts a labor law providing that a provision in a personal or professional services agreement is unenforceable if the provision: (1) allows for the use of a digital replica of an individual’s voice or likeness; (2) does not clearly define and detail all of the proposed uses; and (3) is not negotiated with legal representation or by a labor union.
