Under the Shadow of the Trump Administration, New California Laws Offer Hope for Workers

Under the Shadow of the Trump Administration, New California Laws Offer Hope for Workers

Since President Trump was sworn into office on January 20, 2025, his administration has taken various actions that jeopardize American workers’ right to a fair and equitable work environment, such as directing the Equal Employment Opportunity Commission’s Acting Chair to undermine the rights of transgender individuals, coercing large swathes of federal employees to resign, and issuing an executive order that would institute mass layoffs at numerous federal agencies.

However, also during this time, California has implemented a variety of laws that offer workers in the state hope for a brighter future. Some of these laws, which went into effect on January 1, 2025, include the following:

Minimum Wage Increase

As of January 1, the state minimum wage increased from $16.00/hour to $16.50/hour for all employers, regardless of employee headcount.

Overtime Exemption

Employees now must earn at least $68,640 to meet the minimum salary threshold to be exempt from state overtime requirements under the so-called “white collar exemptions.” The salary threshold for the “computer professional” exemption also increased, to $118,657.43.

Intersectional Discrimination

Senate Bill 1137 explicitly recognizes and incorporates the concept of intersectionality into California’s existing anti-discrimination laws. The bill protects individuals from discrimination based on two or more protected characteristics, such as race and national origin, or gender and age. For more on SB 1137, the first state law of its kind, read Bryan Schwartz Law’s post here.

Artificial Intelligence Discrimination

Another groundbreaking law, Assembly Bill 2930, protects workers when employers seek to use artificial intelligence and other automated decision-making systems in certain ways during hiring or employment. The bill mandates that before an employer uses an “automated decision system” to make an important decision about an employee or job applicant (like those involving hiring, firing, pay, or promotion), the employer must provide advance notice and conduct an impact assessment. The impact assessment asks whether there is a reasonable risk that the system “contributes to unlawful discrimination, including differential treatment or impacts disfavoring people” based on their actual or perceived protected classifications, including race, color, ethnicity, sex, religion, age, national origin, limited English proficiency, disability, veteran status, genetic information, and reproductive health. If the assessment identifies a risk of discrimination, the law prohibits the employer from using the system.

Accessing Paid Family Leave

Assembly Bill 2123 makes it easier for family caregivers to access paid family leave (“PFL”). Previously, California law allowed an employer to require an employee to exhaust up to two weeks of earned but unused vacation time before exercising the right to receive PFL benefits. AB 2123 puts an end to this practice, ensuring that workers no longer have to choose between their hard-earned vacation time and the ability to care for their loved ones during times of need. For more on this bill, read Bryan Schwartz Law’s post here.

Expanding Paid Sick Day Use Protections for Victims of Violence

California law prohibits discrimination and retaliation against employees who take time off for jury duty or court appearances, as well as against employees who are victims of crime or abuse, or whose family members are victims. Assembly Bill 2499 broadens the definition of “victims” under the existing law and assigns enforcement authority for these protections to the California Civil Rights Department.

Driver’s License Discrimination

Senate Bill 1100 addresses discrimination against individuals without driver’s licenses. The bill makes it unlawful, in general, for an employer to include in a job advertisement, posting, application, or similar employment material that an applicant must have a driver’s license. Employers may include such a statement only if they can show both that they reasonably expect driving to be one of the job functions of the position, and that they reasonably believe that using an alternative form of transportation would not be comparable in travel time or cost to the employer.

Discrimination Based on Hairstyles Associated with Race

The California Fair Employment and Housing Act (“FEHA”) prohibits discrimination based on certain protected characteristics, such as race. Previously, FEHA defined “race” to include traits historically associated with race, including but not limited to hair texture and protective hairstyles. Assembly Bill 1815 removes the word “historically” from this definition to avoid vagueness and confusion in the application of the law.

California Worker Freedom from Employer Intimidation Act

Senate Bill 399 prohibits certain types of mandatory employer meetings, known as “captive audience meetings.” The bill makes it unlawful for an employer to discriminate or retaliate against an employee (or to threaten to do so) for declining to participate in an employer-sponsored meeting, if the purpose of the meeting is “to communicate the employer’s opinion about religious, political, union, or anti-union matters.” The law protects the right of employees to hold their own opinions on these subjects, free from employer pressure.

In spite of the Trump administration’s efforts to undercut employment protections and civil rights at the federal level, workers in California remain entitled to a wide range of legal protections, including under the various laws that went into effect on January 1. If you believe that your employer has violated your legal rights, please contact Bryan Schwartz Law, P.C.