December 18, 2024
On January 1, 2025, employers need to prepare for significant changes to take effect. The latest new laws require updates to handbooks, ensuring that employers are compliant with these regulations.
On September 27, 2024, Governor Newsom signed Senate Bill (“SB”) 1137, which amends the FEHA, Unruh Act, and Education Code to bring to attention that discrimination based on intersectionality (e.g., combination) of two or more protected characteristics is prohibited. As a result, SB 1137 affirms the decision of Lam v. University Hawai’I (9th Cir. 1994) 40 F.3d 1551, where the Ninth Circuit found that discrimination and harassment may be based upon the combination of protected characteristics.
On September 26, 2024, Governor Newsom signed SB 1815, which broadens the definition of “race” to include hairstyles tied to racial identity. Hair textures and protective styles, such as braids, locs, and twists, are now protected. As a result, employers should not enforce grooming policies that unfairly target these hairstyles.
On September 29, 2024, Governor Newsom signed AB 2499, which broadens the list of crimes for which employees can take time off under the Healthy Workplaces, Healthy Families Act, and allow employees to take time off to assist family members who are victims of specified crimes.
• The definition of victim includes “qualifying act of violence” (QAV), which is now includes domestic violence, sexual assault, and conduct involving threats or use of force.
• Employers with twenty-five (25) or more employees cannot discriminate or retaliate against employees who take leave to support certain family members who are victims of crime.
*It’s important to notify employees of these rights annually and upon hire.
On September 29, 2024, Governor Newsom signed AB 2123, which removes the requirement that employees use up accrued vacation before receiving Paid Family Leave benefits.
It’s important to stay up to date on these changes and be proactive with their employee handbooks. Seek employment counsel to ensure compliance with these new and amended laws.
Riverside County: (951) 600-2733
Orange County: (714) 978-2060
Northwest Arkansas: (479) 377-2059
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