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New York State Expands Equal Protection with Constitutional Amendment
Released January 24, 2025
NEW LAWS ENACTED
- New York voters approved the Equal Rights Amendment, expanding state constitutional protections against discrimination to include categories such as ethnicity, national origin, age, disability, sex, sexual orientation, gender identity, pregnancy, reproductive healthcare and more, effective January 1, 2025.
- Nevada adopted regulations to protect workers from heat-related illnesses, requiring hazard analyses, safety programs, and training for at-risk employees.
- Minimum wage increases were approved in Alaska and Missouri, with phased implementation starting in 2025.
- Paid sick leave requirements were enacted in Alaska, Missouri, and Nebraska, covering both personal and family health needs.
- New Jersey’s pay transparency bill has been signed by Governor, aiming to improve equity in hiring practices.
New Laws Enacted
New York State Expands Equal Protection with Constitutional Amendment
On November 6, 2024, New York voters approved the Equal Rights Amendment, marking a significant expansion of state constitutional protections against discrimination. Effective January 1, 2025, the amendment revises Article I, § 11 of the New York State Constitution to prohibit additional bases of discrimination by public and private entities including ethnicity, national origin, age, disability, and sex (which includes sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, and reproductive healthcare and autonomy). Prior to this amendment, only discrimination based on race, color, creed, and religion were covered in the state constitution.
This move reinforces existing anti-discrimination laws while embedding these protections into the state constitution, making them more difficult to repeal. The amendment also clarifies that it does not restrict the free exercise of religion or invalidate additional laws addressing discrimination. Many employers and organizations operating in New York will be reviewing their policies and practices in light of the expanded constitutional standards.
Nevada Implements Regulations to Combat Heat Illness in the Workplace
Nevada has taken proactive steps to protect workers from heat-related illnesses. On November 15, 2024, the state adopted comprehensive regulations requiring employers to conduct job hazard analyses, establish safety programs, and provide emergency response measures for employees exposed to extreme heat. Employers must also offer potable water, rest breaks, cooling measures, and training for at-risk employees.
These regulations, enforced by Nevada’s Division of Industrial Relations, aim to reduce heat-related injuries and fatalities across high-risk industries. Employers are now required to regularly monitor workplace conditions, mitigate heat hazards, and establish detailed emergency protocols. This landmark regulation underscores Nevada’s commitment to ensuring safer workplaces where challenging environmental conditions are present.
States Approve Minimum Wage Increases with Phased Implementation
Alaska and Missouri voters approved significant minimum wage increases during the 2024 elections.
- Alaska’s measure raises the state minimum wage to $13.00 per hour in 2025, $14.00 in 2026, and $15.00 in 2027, with inflation adjustments thereafter.
- Missouri’s minimum wage will increase to $13.75 in 2025, $15.00 in 2026, and annual inflation-based adjustments beginning in 2027.
These changes reflect a growing trend across states to increase minimum wages and index them to inflation for future increases. Employers in these states will begin preparing for these changes by reviewing pay structures and ensuring compliance with the phased implementation timelines.
States Enact Paid Leave Requirements and “Captive Audience” Bans
New paid sick leave measures have been enacted in three states: Alaska, Missouri, and Nebraska. The new requirements offer workers expanded protections for personal and family health needs.
- In Alaska, private employers must provide one hour of paid sick leave for every 30 hours worked, capped at 40 or 56 hours annually, depending on employer size.
- Missouri’s similar law, effective May 1, 2025, allows employees to use leave for personal illness, family care, public health emergencies, or safety-related absences such as domestic violence.
- Nebraska’s Ballot Initiative Measure 436, effective October 2025, ensures smaller businesses provide five days of paid sick leave annually, while larger businesses must offer seven days.
These measures are aimed at providing employees with the opportunity to address a wide range of health and safety needs. Employers will be reviewing leave policies, updating accrual systems, and training HR teams and supervisors to comply with the new laws.
In addition to paid sick leave and minimum wage increases, Alaska’s Ballot Measure No. 1 includes protections against employer-mandated political or religious meetings, sometimes called “captive audience” meetings. Employers in Alaska may not retaliate against employees who refuse to attend such meetings, unless the content is directly related to their job performance or required by law. These new protections will take effect on July 1, 2025.
New Jersey Pay Transparency Bill Aims to Promote Equity
New Jersey’s Legislature passed Senate Bill 2310 (S2310) on September 26, 2024, which was signed by Governor Murphy on November 18, 2024. The bill mandates wage and benefit disclosures in job postings and would require employers to provide pay ranges and benefit information for new and transfer opportunities. Promotion opportunities must also be announced to eligible employees unless awarded based on tenure or unforeseen events.
The law, which is set to go into effect June 1, 2025, seeks to improve transparency and fairness in hiring practices. Noncompliance could result in fines of $300 for the first violation and $600 for subsequent offenses. Employers in New Jersey will begin preparing by reviewing job posting practices and establishing internal systems to determine compliant wage ranges.
Disclaimer: this information is not intended as legal advice. Please consult with legal counsel to ensure your organization’s compliance with applicable legal requirements.