As we move toward the close of 2024, several states have enacted key employment law updates affecting paid leave, minimum wage, employee rights, and hiring practices. These changes span various jurisdictions, impacting employers and employees across sectors. Let’s dive into these recent developments and what they mean for your organization.
Employee Handbook: Legal Updates
California Expands Leave Protections for Crime Victims and Their Families
California’s new law, AB-2499, extends paid and unpaid leave protections for victims of crime and their family members. The bill expands the permitted use of paid sick time, covers additional types of crimes, and introduces leave for employees with family members who are victims. Although unpaid leave protections remain mostly unchanged, they are now under the jurisdiction of California’s Department of Civil Rights. Employers with 25+ employees can limit the amount of unpaid leave taken under this law. A new employee notice is also mandated to inform employees of their rights, with updates to follow one month before the law’s effective date.
California Expands Sick Leave for Agricultural Workers
Under SB1105, agricultural workers in California now have additional "safe time" uses for sick leave during extreme weather events like smoke, heat, or flooding. These conditions must be officially declared a state or local emergency.
District of Columbia Increases Paid Family Leave Contributions
Starting in Q3 2024, D.C. employers saw the Paid Family Leave contribution rate jump from 0.26% to 0.75% of gross wages. This rate increase aims to support the growing demand for paid family leave benefits. Visit the District’s Rates and FAQ page for more information on compliance.
Maine Prepares for Paid Family and Medical Leave with New FAQ Page
Maine’s Paid Family and Medical Leave program kicks off on January 1, 2025. In anticipation, Maine has issued a detailed FAQ document.
Maryland Delays Paid Family and Medical Leave Program Start
Maryland’s Paid Family and Medical Leave program contributions are now postponed until July 1, 2025, with benefits available starting July 1, 2026.
Massachusetts Increases Paid Family and Medical Leave Benefits
From January 1, 2025, Massachusetts will raise its maximum weekly benefit for Paid Family and Medical Leave from $1,149.90 to $1,170.64, with contributions at 0.88% of eligible wages. Employers can access updated information on contribution rates through the Department’s Contributions Calculator.
Michigan’s FAQ on Upcoming Sick Leave Changes
Michigan has released an FAQ to address its sick leave changes, which will finally take effect on February 21, 2025, after facing numerous legal hurdles. For more background on this update, see our September report.
Minnesota’s Paid Family and Medical Leave Reports Begin
Since July 1, 2024, Minnesota employers have been withholding contributions for Paid Family and Medical Leave. The first wage report was due on October 31, 2024, through Minnesota’s updated Unemployment Insurance reporting system. Employees will gain access to benefits starting January 1, 2026. Employers can find further information on compliance through Minnesota’s Unemployment Insurance website.
Hiring and Separation: Legal Updates
NLRB Expands Disapproval of Non-Compete Agreements
In a new memo (GC 25-01), NLRB General Counsel Jennifer Abruzzo reiterated her stance against non-compete agreements, advocating for greater financial recovery for employees affected by these restrictions. Abruzzo argues for compensating affected employees for lost wages and other financial burdens. This memo also critiques "stay-or-pay" provisions, narrowing their lawful application. Employers have until December 6 to address any potentially problematic non-compete provisions.
San Diego, California Introduces Ban the Box Restrictions
San Diego County’s Ban the Box law, Ordinance No. 10914, restricts employers (with 5+ employees) from asking about applicants’ criminal history until a conditional job offer is extended. This law aims to prevent discrimination based on criminal records.
California’s New Minimum Wage for Healthcare Workers
As of October 16, 2024, healthcare workers in California are entitled to a minimum wage of $18 to $23 per hour, based on employer size and location. This new law mandates annual wage increases. Employers should review the specific requirements on California’s FAQ page.
New Contractor Protections in California
California’s Freelance Worker Protection Act, SB 988, introduces payment deadlines and written agreements for freelance workers who earn at least $250 in a 120-day period. This law provides independent contractors with essential legal safeguards.
Employment Posters and Notices: Updates Across States
Connecticut, Minnesota, Nebraska, and New York Update Posters
Connecticut, Minnesota, Nebraska, and New York have updated essential posters, including Sick Leave, Minimum Wage, EEO, and Right of Nursing Mothers to Express Breast Milk. Employers should replace their current posters to ensure compliance.
New York’s Ban the Box Law Takes Effect
Effective November 16, 2024, New York’s new law automatically seals certain convictions. Misdemeanor records are sealed three years post-sentencing, and felony records eight years after release. Employers cannot inquire about sealed records or base hiring decisions on them.
Pittsburgh’s Ban on Marijuana Testing for Employment
Pittsburgh employers with 5+ employees may no longer require marijuana testing for medical marijuana cardholders. However, employers may still conduct tests under reasonable suspicion or for safety-sensitive positions, provided there’s evidence of impairment.
Washington State Minimum Wage Update
Starting January 1, 2025, Washington’s state minimum wage will increase to $16.66 per hour. This adjustment affects various wage-related thresholds, including those for non-compete agreements. Employers should review pay rates and agreements to maintain compliance.
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