In case you missed it, NFC West presented their annual Hot Topics in California Employment Law virtual seminar on January 30, 2025. The seminar covered several significant updates for California employers in 2025, including all new workplace laws, legislation, and case updates. Bonus topics included a timely discussion of artificial intelligence (AI) updates and ways to adapt your workplace for a multi-generational workforce. For a brief recap of the topics discussed, review these highlights below.
Case Updates
California employers should be aware of recent cases expanding employer liability for workplace harassment and misconduct. These cases include:
- Bailey v. San Francisco District Attorney’s Office: The California Supreme Court held that an isolated act of harassment could be actionable under the California Fair Employment and Housing Act if it is sufficiently severe in light of the totality of circumstances. Factors considered by the court include the specific slur used, informal workplace relationships, physical working environment, and the employer’s response to the harassment. For additional details, see HERE.
- Okonowsky v. Garland: The Ninth Circuit held that harassing conduct that occurs outside the workplace – including conduct perpetrated through personal, off-duty social media posts – can constitute actionable workplace harassment for which employers may be held liable. Factors considered by the court include whether the harassing conduct had an unreasonable effect on the working environment, and if so, whether the employer adequately responded to the effect. For additional details, see HERE.
New Legislation for 2025
We also discussed some significant legislation impacting California employers in 2025, including:
- SB1340: Authorizes any local authorities to enforce anti-discrimination laws, provided certain requirements are met.
- SB1100: Makes it unlawful for employers to include a driver’s license requirement in job postings, unless specific conditions are met.
- SB1137: Formally recognizes and provides remedies for discrimination based on the combination of two or more protected characteristics.
- AB2123: Prohibits employers from requiring employees to take up to two weeks of paid time off before receiving California Paid Family Leave Program benefits.
- AB2299: Creates new posting requirements related to California’s whistleblower law.
For additional details, see HERE.
New Workplace Laws
Employers also face additional obligations and restrictions under several new workplace laws, including:
- Workplace Protections for Victims of Violence: The law expands workplace protections for employees who are victims of violence by, among other things, expanding eligibility for protections, broadening reasons to take job-protected leave, and imposing additional reasonable accommodation obligations for employers. For additional details, see HERE.
- Freelance Worker Protection Act: The law expands protections for freelance workers by imposing obligations on hiring parties, including providing freelance workers with a written contract with specific information, ensuring payment by a certain date, and prohibiting retaliation against freelance workers for exercising their rights under the law. For additional details, see HERE.
- Captive Audience Meetings: The law prohibits employers from taking adverse action against employees who decline to attend employer-sponsored meetings that discuss religious or political matters, including unionization. Employers also are required to continue paying non-attending employees while the meeting is held. For additional details, see HERE.
Wage & Hour Updates
California employers also saw a landslide of wage and hour updates this past year, some of which include:
- PAGA Reform: Highlights discussed include a higher threshold for plaintiff standing, expanded opportunities to cure wage statement violations, new caps on penalties, and early neutral evaluations for employers. For additional details, see HERE.
- Case Updates: Including Adolph v. Uber Technologies (affirmed key holding in Viking River Cruises v. Moriana, requiring PAGA plaintiffs to arbitrate their “individual” claims of Labor Code violations they allegedly personally suffered); Leeper v. Shipt (held that every PAGA claim inherently contains an “individual” claim and compelled plaintiff’s individual claims to arbitration while staying the PAGA claim); Gonzalez v. Nowhere Beverly Hills LLC (held that the doctrine of equitable estoppel applies when an employee’s allegations and causes of action are founded in and intertwined with the signatory employer’s agreement).
Bonus Topics (AI in the Workplace and Multi-Generational Diversity)
For good measure, we also discussed some timely topics relevant to the modern workplace, including:
- AI in the Workplace: Highlights of the discussion include new AI legislation, including AB2885 (creates a uniform definition of “artificial intelligence” under state law); SB926 (makes it a crime to intentionally create and distribute a sexually explicit image of another person that appears reasonably authentic); and SB942 (requires certain AI developers to make AI detection tools available to users).
Other topics discussed include an update on Mobley v. Workday (holding a third-party vendor supplying AI tools to employers may be held liable as an “agent” under federal anti-discrimination laws), and the California Civil Rights Department’s proposed regulations concerning employment discrimination and the use of certain AI tools, including automated decision-making systems. For additional details on AI updates and the Civil Rights Department’s proposed regulations, see HERE.
- Multi-Generational Diversity: In light of the first time that five generations are coexisting in the workplace, we discussed some ways to adapt the workplace for a multi-generational workforce. Some topics discussed include the composition of today’s workforce, key generational differences, benefits of multi-generational inclusion, and strategies to achieve a harmonious multi-generational workplace.
If you have any questions relating to the topics covered, please reach out to the NFC Attorney with whom you typically work or call us at 619.292.0515.
