January 3, 2025

California Employer’s January Checklist

As the new year begins, it is important for California employers to finalize their efforts in updating company policies and practices to align with the significant legislative changes effective January 1, 2025. Ensuring compliance and proactively addressing these updates will help lower risk and prevent potential penalties. Below is a comprehensive checklist highlighting several key legislative updates and suggested actions that California employers should complete at the start of the new year. 

  • Check California Department of Industrial Relations updated Paid Sick Leave FAQs for answers to questions about changes taking effect January 1, 2025: 
    • AB 2499 creates additional protections for employees who are victims of violence or have family members who are victims. This includes allowing employees to use paid sick leave to lessen any financial hardship associated with addressing the impacts of violence. 
    • SB 1105 expands the allowable use of paid sick leave for agricultural employees to include: Attending to their own health needs, caring for a family member, and addressing issues related to domestic violence, sexual assault, or stalking. 
  • Conduct a wage compliance audit as a means of proactively working to comply with labor laws and reduce PAGA penalties (AB 2288 and SB 92). Compliance measures to consider include:  
    • Conducting regular payroll and compliance audits. 
    • Maintaining clear and lawful written policies. 
    • Training management on labor law requirements. 
    • Correcting any identified issues promptly. 
  • Review existing vendor agreement to ensure compliance with the Freelance Workers Protection Act (FWPA).  Identify any vendors that may be classified as “freelance workers” under the FWPA and, for those identified as qualifying, review existing agreements to ensure they comply with the new requirements and provide updated contracts as needed. Update any existing anti-discrimination and retaliation policies to include protection for freelance workers. (SB 988) 
  • Review existing leave policies to remove any requirement that employees use paid vacation time before receiving paid family leave benefits under EDD’s Paid Family Leave. (AB 2123)  
  • Review existing job descriptions and any currently advertised job postings to ensure compliance with prohibitions against requiring applicants to have a driver’s license unless the employer reasonably expects driving to be one of the job functions and reasonably believes that an alternative form of transportation would not be comparable in travel time or cost to the employer. (SB 1100)  
  • Update existing anti-harassment/discrimination policies to make clear that discrimination is prohibited based on any combination of protected characteristics. (SB 1137) Updates should also reflect updated definitions of race in the Fair Employment and Housing Act that define race as including traits associated with race, rather than traits historically associated with race. (AB 1815) 
  • Update all company training programs/protocols to include information on captive audience meeting prohibitions. Remind all supervisory personnel that as of January 1, 2025, “captive audience meetings” or mandatory employer-sponsored meetings or communications where the purpose is to communicate the employer’s opinion about religious or political matters, including labor organizations, are prohibited. 
  • Audit current Fair Chance hiring practices to ensure compliance with state and local ordinances. San Diego County’s newly enacted ordinance, along with those of the City of Los Angeles and Los Angeles County, generally adheres to existing state Ban the Box provisions. However, there are a few requirements that differ from state mandates. 
  • Ensure Workers’ Compensation notices have been updated to include information related to workers’ compensation rights and benefits, that an injured employee has the right to consult an attorney for advice, and that attorneys’ fees will be paid from the injured worker’s award in most instances. (AB 1870) 
  • Review Cal/OSHA’s Workplace Violence Prevention Guidance and Resources webpage for updates on the agency’s Model Workplace Violence Prevention Plan and proposed regulations.  

California’s 2025 Legislative session will no doubt offer further changes as the year progresses; however, this checklist covers only those taking effect January 1, 2025.  

For more information on changes impacting the workplace in 2025, join Western Growers for our annual Employment Law Update Webinar on January 8, 2025, at 10 a.m. PST.  Western Growers’ legal team will bring you up to speed on important California and federal 2025 legislative changes, including updates to California’s anti-discrimination laws, the latest on the captive audience ban, and reframing of the state’s Victim-of-Violence leave. Best practices guidance and important tips for HR professionals will have you set and ready for a compliant 2025! Register to reserve your spot today. HRCI credits are pending.