In 2024, we witnessed a wave of transformative changes in employment laws, from expanded leave protections and new paid leave mandates to increased pay transparency requirements for employers.
Fenwick’s Employment team summarized these key changes in their recent CLE, “Employment Annual Year-End Review,” highlighting some of the most noteworthy updates that are impacting your company’s operations and policies—and what employers can anticipate in 2025:
- Expanded Protections for Victim of Violence Leave in California: California's AB 2499 now casts a wider net, covering more types of violence and even extending leave rights to those with family members who are victims.
- New Paid Prenatal Leave in New York: Employers now need to offer 20 hours of paid leave for employees to attend pregnancy or fertility-related healthcare appointments.
- Increased Pay Transparency Laws Across the Country: States like Illinois, New Jersey, and Massachusetts are requiring employers to clearly state salary ranges and benefits in their job postings.
- Reforms to California's PAGA Law: Changes to the Private Attorneys General Act (PAGA) aim to reduce the financial burden on employers, including capping penalties for technical wage statement violations.
- Restrictions on Driver's License Requirements in California: For job seekers in California, SB 1100 now bans the need for a driver's license in job postings unless it's genuinely an essential part of the job.
- Expanded Protections Against Discrimination Based on Hairstyles and Intersectionality: California is now explicitly protecting against discrimination based on race-related hairstyles and the unique challenges of intersecting identities.
- Increased Minimum Wages in California and New York: Minimum wages are on the rise, hitting $16.50 per hour in California and varying between $16.50 and $15 per hour in different parts of New York.
- Uncertainty Around Federal Non-Compete Regulations: The proposed federal ban on non-competes has hit a snag in the courts, but stay tuned—the situation is still evolving at the state level, and you can read our insights on the subject here.
- Heightened Scrutiny of AI and Algorithmic Bias in Hiring: States like California, Colorado, and New York are implementing laws and guidance aimed at tackling concerns about the use of AI in hiring practices. Expect additional jurisdictions to enact employment-related AI laws in the future since many are already pending.
- Potential Shifts Under a Second Trump Administration: Be prepared for possible changes, such as more scrutiny of Diversity, Equity, and Inclusion (DEI) programs and potential reversals of certain Equal Employment Opportunity Commission (EEOC) guidance during the second Trump administration.
Learn more about Fenwick’s employment capabilities. Watch the CLE here and email MCLE@fenwick.com for credit or register here to watch our other 2025 CLE webinars on-demand (self-study credit available).