State & Local Employment Law Developments: Q4 2024

At a Glance

• For the fourth quarter of 2024, we highlight significant new employer obligations in 18 states.
• We highlight new state and local employment laws impacting the workplace, including new and updated paid sick-leave laws; ban on captive audience meetings used to communicate opinions on religion, politics and labor organizations; expanded protections for harassment, reproductive health decisions and whistleblowing; criminal history inquiries; leave for sexual assault victims; restrictions related to employing minors; state developments regarding noncompetes and nonsolicitations; new obligations for employers using E-Verify; pay transparency; expanded access to personnel records; and more.

This quarter, we continue to highlight the ever-changing state and local employment law landscape. New state laws that took effect during the fourth quarter of 2024 or as of January 1, 2025, continue to focus on increasing employee protections. Although it is not feasible to discuss all new laws, this update provides an overview of significant recent legislative and regulatory developments to help organizations stay in compliance with local and state employment laws.

Alabama

Effective October 1, 2024, overtime paid in accordance with the Fair Labor Standards Act (FLSA) is exempt from Alabama state income tax.

California

Effective October 1, 2024, employers with fewer than 100 employees in total during the period covered by a Private Attorneys General Act (PAGA) notice must submit a proposal to cure violations by an alleged notice within 33 days of receipt of the notice. See our overview of changes to PAGA here.

Effective January 1, 2025, a number of changes, including the following, took effect in California:

• Prohibition on the use of vague, unfair and unethical contractual terms that, without the performer’s full awareness, permit the unregulated production, use and distribution of digital replicas of their likeness.
• Expansion to the Workplace Violence Restraining Order Law to include protection against harassment. 
  See our previous alert summarizing many new California laws taking effect in 2025 here.

San Diego County, California

Effective October 10, 2024, covered employers in San Diego County are prohibited from inquiring about an applicant’s criminal history until after a conditional job offer is made; this includes questions about criminal history on applications before extending an offer.

Colorado

Effective January 1, 2025, the maximum weekly benefit amount under Colorado’s Family and Medical Leave Insurance law increased to $1,324.21; however, active claims will not be recalculated.

See our previous alert summarizing many new Colorado laws taking effect in 2025 here.

Connecticut

Effective October 1, 2024, the Family Violence Victim Leave Law added sexual assault within the definition of family violence, and the Paid Family and Medical Leave (PFML) Act was expanded to cover employees who are victims of sexual assault, allowing those employees to receive benefits under the PFML and the state’s victim compensation program concurrently (as long as total compensation does not exceed the employee’s regular rate of pay).

Delaware

Effective October 15, 2024, Delaware requires employers to register for the Expanding Access for Requirement and Necessary Savings (EARNS) program.

Effective January 1, 2025, for employers covered by Delaware’s Paid Family and Medical Leave (PFML) plan, payroll deductions begin if employees are contributing to the cost of Delaware paid leave. Thereafter, PFML contributions are due April 30, 2025.

District of Columbia

Effective October 1, 2024, managers covered by the Tipped Wage Workers Fairness Amendment Act of 2018 can choose to take the required sexual harassment training online.

Illinois

Effective January 1, 2025, the following changes took effect in Illinois:

• Enhanced restrictions on the employment of minors (defined as under the age of 16 — so individuals aged 15 and younger) including the times of day when minors should not be working.
• Amendments to the Human Rights Act to extend the deadline for employees to file a charge (from 300 days to two years) and to prohibit discrimination on the basis of an individual’s reproductive health decisions or an employee’s family responsibilities.
• Amendments to the Right to Privacy in the Workplace Act by imposing new obligations on employers using E-Verify, and certain posting requirements if an employer receives notice of an inspection of I-9 forms or other employment records conducted by an inspecting entity.
• Amendments to the whistleblower statute, expanding what qualifies as a protected activity, what is considered retaliation, and the type of recovery available to an aggrieved individual.
• The Worker Freedom of Speech Act, prohibiting employers from disciplining, discharging, penalizing or threatening to discipline, discharge or penalize employees for refusing to attend mandatory employer-sponsored meetings in which the employer communicates its opinion about religious or political matters, including the decision to join or support any labor organization.
• Expanding the definition of armed forces to include the U.S. Space Force for purposes of employment protections for military service members.
• Amendments to the Illinois Wage Payment and Collection Act, requiring employers to maintain a copy of an employee’s paystub for three years after date of payment, and requiring employers to provide copies of paystubs to current and former employees (under certain conditions).
• Amendment to the Illinois Equal Pay Act of 2003, creating pay transparency requirements for employers with 15 or more employees globally. Covered employers must include pay scale and benefit information in job postings, and must announce, post or otherwise make known to current employees all opportunities for promotion within 14 days of the posting of an external job posting.
• Amendments to the Personnel Records Review Act, expanding access to additional documents which an employee or former employee may request to inspect, copy and receive copies. Employees can now submit a written request for their personnel records via email or text message if the request contains the information required by the statute and is made to a person responsible for maintaining those records or as identified in the employer’s policy.
• Amendment to the Freedom to Work Act, making unenforceable any noncompete or nonsolicitation agreement entered into after January 1, 2025, with any licensed mental health professional who provides mental health services to veterans and first responders if the agreement is likely to result in an increase in cost or difficulty for any veteran or first responder seeking mental health services.
• Amendment to the Freedom to Work Act, clarifying that any noncompete or nonsolicitation agreement with individuals employed in construction is void and illegal regardless of whether that individual is covered by a collective bargaining agreement.
• Amendment to the Health Care Worker Background Check Act, adding a Comprehensive Community Mental Health Center certified by the Department of Human Services to the definition of a health care employer covered by the act.
• Amendments to the Illinois Public Labor Relations Act and Illinois Educational Labor Relations Act, adding requirements for the applicable board to report certain information to the governor and General Assembly regarding the processing of unfair labor practice charges and setting timeliness goals for processing charges.

Cook County, Illinois

Effective October 24, 2024, paid leave must continue to accrue while an employee is using paid leave; additionally, employers must maintain a written policy that will advise each employee of their benefits and rights. Policies must be provided at the start of employment and annually thereafter with specific information as outlined in the ordinance.

Indiana

Effective January 1, 2025, amendments to Indiana’s child labor laws relaxed restrictions on the working hours for minors between 14 and 16, and repealed provisions concerning hour and time restrictions for the employment of a minor who is at least 16 years of age and less than 18 years of age.

Kentucky

Effective January 1, 2025, Kentucky legalized medical cannabis; however, the new law does not require employers to permit medical cannabis use in the workplace or prohibit employers from establishing drug-free workplace or zero-tolerance drug policies.

Maine

Effective January 1, 2025, employers must begin payroll withholdings for their Maine employees under the Paid Family and Medical Leave (PFML) program. Employers will begin their first quarterly wage reporting and premium payments starting April 1, with a due date of April 30, 2025.

Maryland

Effective October 1, 2024, the following legal changes took place in Maryland:

• The Wage Range Transparency law, which requires that job postings made on or after October 1, 2024, disclose the pay range, including the minimum and maximum wage, a general description of the benefits, and any other compensation offered for the position.
• The Pay Stub / Pay Statement law, which requires specific written disclosures to employees regarding their earned wages, which may be provided as a physical pay stub or an online pay statement.
• Amendments the Maryland Fair Employment Practices Act to add military status as a protected class.

Massachusetts

Effective October 30, 2024, employers with at least 100 employees who are subject to either EEO-1, EEO-3, EEO-4 or EEO-5 reporting requirements will need to file a wage data report with the state.

Effective November 6, 2024, all employers with more than 50 full-time employees must post a veterans benefits and services poster.

Effective November 21, 2024, employees may use earned sick time for absences resulting from reproductive loss events experienced by an employee or their spouse.

Minnesota

See our previous alert regarding new Minnesota laws that took effect in 2024 and the beginning of 2025 here.

St. Paul, Minnesota

St. Paul’s Wage Theft Ordinance took effect on January 1, 2025. St. Paul’s Wage Theft Ordinance’s flyer states that the city ordinance mirrors the state’s wage theft law and that businesses do not need to make any changes as a result of the ordinance.

New Hampshire

Effective January 1, 2025, any public or private employer that receives public funds from the federal or state government must permit employees to keep guns and ammunition in a locked car on the employer’s property. The law prohibits all employers from requiring an employee to disclose whether they are storing a firearm or ammunition in their vehicle; or searching an employee’s vehicle for a firearm or ammunition.

Also effective January 1, 2025, businesses that provide direct services to minors or direct supervision or oversight of minors are prohibited from employing registered sex offenders.

New York

Effective November 16, 2024, the Clean Slate Act seals certain categories of criminal convictions under state law and prohibits employers from making inquiries into or adverse employment decisions based on automatically sealed convictions.

Effective January 1, 2025, employers must provide 20 hours of paid prenatal leave within a 52-week period to pregnant employees, which is in addition to New York State and City Paid Sick and Safe Leave. This leave may be taken for health care services received during their pregnancy or related to their pregnancy, including for physical examinations, medical procedures, monitoring and testing, and discussions with health care providers in relation to the pregnancy. Paid prenatal leave may also be used for fertility treatment or care appointments, including in vitro fertilization. See our previous alert addressing this update to New York’s Paid Sick and Safe Leave law here.

Oregon

Effective January 1, 2025, the following legal changes took place in Oregon:

• Eligible employees may take leave under Oregon’s Paid Leave law for “pre-placement leave” (leave for planning to adopt or foster a child).
• The Oregon Warehouse Worker Protection law provides protections to employees of covered warehouse distribution centers, including requiring employers to provide each employee with written documentation summarizing any quota to which the employee is subject.

Pennsylvania

Effective January 1, 2025, the Fair Contracting for Health Care Practitioners Act prohibits the enforcement of certain noncompete covenants and agreements that restrict patient solicitation entered into after January 1, 2025, by health care practitioners and their employers, subject to limited exceptions.

Rhode Island

Effective January 1, 2025, leave under the state’s Temporary Caregiver Insurance program is increased from six weeks to seven weeks.

Additionally, effective January 1, 2025, Rhode Island employers with 50 or more full-time employees must post a veterans benefits and services poster. The notice must also be provided to employees at hire and annually thereafter.

State Sick Leave Laws

In addition to the new laws listed above, you can find more information on new and updated state paid sick leave laws here.