Welcome to the Fall Edition of the Essential!
 

Enjoy and be well,

Sonya L. Kemp – Founder and President
 

Effective January 1, 2025, minimum wage for California employees will increase from $16.00 per hour to $16.50 per hour.  This increase also means the minimum salary for full-time exempt employees will also increase from $66,560 per year to $68,640 per year.

Separately, remember that the minimum wage for fast food workers at limited-service restaurants that are part of chains with over 60 locations nationally is $20.00 per hour.
 
Note that specific industries, including Fast Food, Healthcare, and Hotels, have unique minimum wage rates.  Please be sure you are paying employees in these or any other industry exceptions accurately.

Finally, some municipalities have their own minimum wage rates, that not only already exceed the state’s rate, but will also see increases on January 1.
 

California has always had stronger protections than most states across protected characteristics including race, religious creed, color, national origin, ancestry, physical and mental disabilities, medical condition, genetic information, marital status, sex, age, sexual orientation, reproductive health decision-making, and veteran or military status.  Protection under this law includes a perception that the person has any of these characteristics or is associated with a person who has, or is perceived to have, any of these characteristics.

Senate bill 1137 will revise that definition to include discrimination not just because of one protected characteristic, but on the basis of the intersectionality (any combination of two or more) of protected characteristics.

Related to the above is Senate Bill 1340 which will allow local governments to enforce state and local anti-discrimination laws.

What this means:
Under Senate Bill 1137, employees may be able to assert claims of discrimination based on a combination of factors.  

Under Senate Bill 1340, any city, county, or locality will be able to enforce any local law that prohibits discrimination based on the above characteristics (as long as certain requirements are met) which you can read more about here courtesy of Fisher Phillips.

As they currently stand, the protections and rules for victims of violence are already a bit complicated. With AB 2499, some of the changes are streamlined, while others have been expanded. The following changes will apply to victims of crime or abuse:

1. Instead of applying some provisions to victims of “domestic violence, sexual assault, or stalking” and others to victims of “crime or abuse,” the new law replaces those terminologies with “qualifying acts of violence” or QAV which is defined as:

• domestic violence;
• sexual assault;
• stalking; or
• any act, conduct, or pattern of conduct that includes (i) bodily injury or death to another; (ii) brandishing, exhibiting, or drawing a firearm or other dangerous weapon; or (iii) a perceived or actual threat to use force against another to cause physical injury or death.

A QAV includes the above victim experiences regardless of whether anyone is arrested for, prosecuted for, or convicted of committing any crime.

1. The new rules will be enforced by the Civil Rights Department instead of the Division of Labor Standards Enforcement, which will allow employees to bring civil actions in court.
2. Employers of any size will be prohibited from discharging, retaliating or discriminating against an employee who is a victim of a QAV, or has a family member who is a victim of a QAV, for participating in the legal process.
3. Employers with 25 or more employees will be required to permit employees who are victims of a QAV, or have family members who are victims, from taking time off from work for certain purposes related to QAVs, including obtaining medical attention, seeking legal services, and participating in legal proceedings.

What this means: Employers and their managers/supervisors will need to be mindful of these expanded provisions. In July 2025, the Civil Rights Department will issue a notice that will need to be provided to employees informing them of their rights under this law.  EBHR hopes to have more information to share on these changes early next year.
 

This post was in our last newsletter. As we are just days away from the election, this is a good reminder about political discussions in the workplace.

Political discussions often lead to heated arguments, affecting productivity, morale, and relationships. Various labor and employment law issues can arise, including anti-discrimination laws, the National Labor Relations Act, state meeting bans, and voting leave laws. Employers must understand and manage employees’ rights regarding political speech and activities, and proactively prevent potential issues.

The First Amendment applies only to government actions, so private employers are not limited by it in regulating employees’ communications. There is no federal constitutional right for employees to express political opinions in a private workplace.

Legal protection for political activities in the workplace is limited. Private employers can generally refuse to hire or fire “at-will” employees based on their political views, as “political discrimination” is often not illegal under federal law. However, some state and local jurisdictions offer greater protections, so be sure to review your local and state laws.

So what can employers do?

Employers generally have the right to engage in political activity within the workplace. They can communicate their support or opposition to legislation or regulations and inform employees about the potential impacts on the company and its stakeholders. However, it is a federal crime to interfere with an individual’s voting rights or to coerce them into voting a certain way. It is also illegal to bribe someone in exchange for their vote. Many states have laws against employers intimidating or coercing employees about voting and prohibit employers from recording employees’ political activities without meeting specific conditions.

What federal protections do employees have?

The National Labor Relations Act (NLRA) protects non-supervisory employees, both unionized and non-unionized, who engage in concerted activities for mutual aid or protection. The U.S. Supreme Court has interpreted this to mean that employees can organize to improve their situation outside the employer-employee relationship. The NLRA limits employers’ rights to restrict non-supervisory employees’ discussions about wages, hours, and other employment conditions. If a protest or rally is considered protected concerted activity, employers cannot take adverse action against participating employees. These protections apply when the political speech or conduct is concerted, closely related to employment, and involves employment terms and conditions under the employer’s control.

Political discussions related to employment issues, such as discrimination or minimum wage, may trigger NLRA rights. Restricting these discussions during non-work time or in non-work areas could violate the NLRA. The National Labor Relations Board (NLRB) has expanded the concept of “protected concerted activity” to include advocacy for non-employees, such as those employed by another employer. NLRB General Counsel Jennifer Abruzzo aims to include social justice and certain political statements, like writing supportive phrases on company uniforms, as protected activities. Former NLRB Acting General Counsel Peter Ohr emphasized vigorous enforcement of protections for employee participation in social justice activities.

Political discussions in the workplace can also trigger equal employment opportunity (EEO) laws. Although no federal law explicitly prohibits discrimination based on political affiliation, such conversations can lead to claims of discrimination, harassment, or retaliation under federal, state, or local laws if they involve race, color, sex, sexual orientation, gender identity, national origin, religion, age, or disability. Employers’ actions in response to political discussions might be perceived as evidence of illegal discrimination. While political speech itself is not covered by Title VII, differential treatment based on a protected characteristic may violate the law.

How should employers manage politics in the workplace?

Any workplace policy on politics must consider activities and communications protected by the NLRA and relevant state and local laws. Employers should develop clear policies that address legitimate business interests and minimize ambiguity about what political activities or expressions are permitted. To reduce the risk of discrimination, harassment, or bullying claims, employers may advise supervisors to avoid political discussions with subordinates. Since supervisors are not protected by the NLRA, these guidelines are especially important. Additionally, any policy must comply with applicable state laws. Implementing a social media policy is also advisable.

As noted above, employers must recognize that state and local jurisdictions often offer greater protections for employees than federal laws. For instance, some states extend First Amendment-type protections to private employees. Additionally, employers should be aware of the distinctions between federal and state EEO laws.

This article summarizes information on politics in the workplace from Littler Law Firm.  To read more about employer and employee protections, as well as other best practices, please see the article here courtesy of Littler.

Don’t forget the do’s and don’ts of holiday office parties. This article is chock-full of tips on how to hold a holiday office party for in-person and virtual teams.