Employment Laws on the Horizon - 2025 Edition

© Seyfarth Shaw LLP 2025 Employment Laws on the Horizon | 15 Workforce Management  WA (Eff. 1/1/25) – The non-compete threshold for 2025 is $123,394.17 and $308,485.43 for independent contractors. (Announcement; Seyfarth Post) Labor Law State Labor Laws  New Orleans, LA (Eff. 1/1/25) - New Orleans Bill of Rights now includes the right to organize and to associate freely in pursuit of workplace and economic justice. The Bill of Rights, however, does not create any enforceable rights, duties, obligations, or causes of actions beyond those guaranteed by the state and federal constitutions. (Ordinance)  WA (Eff. 1/1/25) – WA establishes a health benefits exchange for workers who lose employer-provided health care coverage as a result of a strike, lockout, or other labor dispute. The exchange may require an employer, labor organization, or other appropriate representative to provide information to determine the status of a strike, lockout, or labor dispute, its impact to coverage, and any other information deemed necessary to conduct outreach and determine eligibility. (S.B. 5632) Other Developments CA  Driver’s License Requirement (Eff. 1/1/25) – Employers prohibited from including statements about the need for a driver’s license in job advertisements, postings, applications, and similar employment material, unless there is a reasonable expectation that the position requires driving and an alternative form of transportation would not be comparable in travel time or cost. (S.B. 1100)  Court Attendance/Witness Leave (Eff. 1/1/25) – Unpaid leave and accommodation provisions for those complying with a subpoena or court order to be a witness are relocated from the Labor Code to the Government Code and, in particular, the California Fair Employment and Housing Act. These provisions are recast as grounds for unlawful employment practices under the FEHA, placing them under the California Civil Rights Department’s (CRD) enforcement authority. (A.B. 2499; Seyfarth Post)  Workplace Violence – TRO (Eff. 1/1/25) – Employers may seek a temporary restraining order and an injunction on behalf of an employee who has suffered unlawful violence or a credible threat of violence that can reasonably be construed to be or was carried out in the workplace. (S.B. 428) CO  Civil Protection Orders (Eff. 1/1/25) – A civil protection order may be issued in the name of a business to protect an employee if there is a risk or threat of physical harm or the threat of psychological or emotional harm exists. (H.B. 24-1122) IL  Personnel Records (Eff. 1/1/25) – Under the Personnel Record Review Act, upon an employee’s written request (e.g., an email or text), employers must provide copies of specific personnel records at no cost to the employee and allow them to inspect specified documents. The Amendment expands the types of records an employee may request. (H.B. 3736)

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