Released November 17, 2024

LEGISLATIVE NEWS

  • Effective January 1, 2025, California’s SB 399 bans mandatory employer meetings on religious or political matters, protecting employees from retaliation for non-participation. Violations incur $500 fines per employee and potential civil litigation.  
  • Illinois has amended the Illinois Human Rights Act (IHRA) to prohibit discrimination based on an employee’s actual or perceived “family responsibilities,” protecting employees and applicants who provide personal care to covered family members. Effective August 9, 2024, the law bars employers from discriminatory actions or retaliation but does not require accommodations for caregiving. 
  • Maryland’s Heat Illness Prevention Standard, effective September 30, 2024, requires employers to implement plans for hydration, rest breaks, training, and emergency procedures for workers exposed to heat indices above 80°F, with stricter measures for heat over 90°F. Compliance includes monitoring and annual training.  
  • Through California’s SB 1137, effective January 1, 2025, the state has expanded its anti-discrimination laws to prohibit discrimination based upon a combination of protected characteristics, sometimes called intersectional discrimination. 
  • Starting January 1, 2025, California’s AB 2123 and AB 2499 expand leave protections. AB 2123 bans mandatory vacation use before Paid Family Leave (PFL) while allowing voluntary use alongside increased wage replacement rates. AB 2499 extends leave for employees assisting family members who are crime victims and requires employers to provide annual notice of these rights.  

COURT & AGENCY NEWS

  • The U.S. Department of Labor (DOL) issued guidance on using AI in the workplace, emphasizing transparency, human oversight, and protecting employee rights. It advises notifying employees about AI’s role in decisions, monitoring for impacts, and ensuring AI enhances jobs without compromising privacy or rights.  

New Laws Enacted 

California Enacts Worker Freedom from Employer Intimidation Act (SB 399)  

California’s new Worker Freedom from Employer Intimidation Act (SB 399), effective January 1, 2025, prohibits employers from holding mandatory meetings, known as “captive audience” meetings, to discuss religious or political matters, including union representation. Under the law, employers are barred from retaliating, discriminating, or taking adverse actions against employees who decline to attend such meetings or participate in related communications. “Political matters” are broadly defined to include elections, legislation, labor organization activities, and more. Violations carry penalties of $500 per employee per instance, enforceable by the Labor Commissioner or through civil litigation with potential punitive damages. 

Many employers will review and update policies, employee handbooks, and manager training programs to align with SB 399’s requirements, including ensuring managers and leaders understand what constitutes “captive audience” meetings and communications and the legal risks of noncompliance. Many organizations will also review SB 399’s overlap with existing state and federal labor protections, such as the National Labor Relations Act. 

Illinois Expands IHRA to Protect Caregiver Status 

Effective August 9, 2024, Illinois amended the Illinois Human Rights Act (IHRA) to prohibit discrimination based on “family responsibilities,” making it a civil rights violation to discriminate against employees or applicants who actually provide, or who are perceived to provide, personal care to family members. Protected activities include ensuring basic needs, providing transportation, or offering emotional support to family members with serious health conditions. Employers cannot retaliate against individuals opposing such discrimination, but the amendment clarifies that employers are not required to provide accommodations or alter workplace policies for caregiving.  

Many employers will update their non-discrimination policies to include caregiver status protections while ensuring workplace rules on attendance, performance, and leave remain consistent and lawful. 

Maryland’s Heat Stress Regulation Now in Effect 

Maryland’s Heat Illness Prevention Standard, effective September 30, 2024, establishes new requirements for employers to protect workers exposed to heat indices of 80°F or higher in indoor and outdoor settings. The regulation mandates a written Heat Illness Prevention Plan addressing hydration, rest breaks, heat acclimatization for new or returning employees, and training on recognizing and preventing heat-related illnesses. For heat indices above 90°F, employers must implement enhanced measures such as increased rest periods and regular monitoring of employees through communication systems or buddy systems. 

The regulation also requires employers to develop emergency response procedures and conduct initial and annual retraining on heat-related illness prevention, with additional retraining after any heat-related incident.  

California Recognizes Intersectionality in Anti-Discrimination Laws 

On September 27, 2024, Governor Gavin Newsom signed SB 1137 into law, making California the first state to explicitly address the concept of “intersectionality” in anti-discrimination statutes. Effective January 1, 2025, the law amends the Unruh Civil Rights Act, the Education Code, and the Fair Employment and Housing Act (FEHA) to prohibit discrimination based on a combination of protected characteristics, such as race and gender. This expanded protection acknowledges that individuals may face unique or amplified forms of discrimination resulting from overlapping identities. This concept is often referred to as “intersectionality,” a term first coined by Kimberlé Crenshaw in 1989. It was also explored in the landmark case Lam v. University of Hawai’i.  

By incorporating intersectionality, SB 1137 provides greater safeguards for individuals experiencing compounded discrimination. Many employers will assess their anti-discrimination policies to reflect this new protected basis and ensure their training addresses the concept of discrimination based on a combination of characteristics. 

California Updates Leave Laws: AB 2123 and AB 2499 

Effective January 1, 2025, Assembly Bill (AB) 2123 enhances California’s Paid Family Leave (PFL) program by prohibiting employers from requiring employees to use vacation time before receiving PFL benefits. Employees can still voluntarily use vacation time to supplement PFL, especially as wage replacement increases to 70-90% under the updated program. Employers may also allow employees to combine PFL with other leave types, such as sick or paid time off, to reach full wage replacement.  

Assembly Bill (AB) 2499 further expands protections for crime victim leave, allowing employees to assist family members who are victims of qualifying acts of violence, including domestic violence, sexual assault, and stalking. Employees may use vacation, personal leave, or state paid sick leave for such purposes. The bill also transfers enforcement authority to the California Civil Rights Department and requires employers to provide written notice of these rights to new hires, annually to all employees, and upon request.  

Many employers will be reviewing and updating policies and notification procedures to align with these new requirements. 

Court & Agency News

DOL Releases Guidance on Ethical and Transparent AI Use in the Workplace

The U.S. Department of Labor (DOL) has released updated guidance (“Artificial Intelligence And Worker Well-being: Principles And Best Practices For Developers And Employers”) on the use of artificial intelligence (AI) in the workplace, focusing on transparency, human oversight, and protecting employee rights. The guidance encourages employers to notify workers when AI is used in significant decisions, monitor AI systems for adverse impacts, and ensure that AI enhances job quality without infringing on privacy or labor rights. The guidance highlights the importance of ethical AI development, employee involvement, and clear communication about data collection and usage. 

While the guidance is nonbinding, it offers a framework for integrating AI responsibly while complying with existing labor laws. By following these recommendations, the DOL hopes that organizations can optimize AI’s benefits while maintaining fairness and transparency in the workplace. 

Disclaimer: this information is not intended as legal advice. Please consult with legal counsel to ensure your organization’s compliance with applicable legal requirements.