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I Resolve to Not Get Sued: 2025’s Top Labor and Employment Law Updates
Apologies in advance to any Curb Your Enthusiasm fans, but you’re damn right we’re wishing you a Happy New Year right now. 2025 has arrived, and whether you’re ready to update your employee handbook for the 58th time or not, it’s time to get to work. New laws, new regulations, and a whole lotta things to consider in the coming year. Don’t worry, we’ve got your back with all the labor and employment law updates you need. So, let’s dive in, shall we? As per tradition, here are your February 1st resolutions:
I Will Keep Up with Minimum Wage and Salary Threshold Increases
In 2025, New Jersey’s minimum wage will rise by $0.36 to $15.49 per hour for most employees, and New York’s wage will be $16.50 per hour in NYC, Westchester, and Long Island. And don’t forget about your salaried exempt employees! New York’s new overtime salary threshold is $64,350 annually ($1,237.50 weekly) for NYC, Westchester, and Long Island, and $60,405.80 annually ($1,161.65 weekly) for the rest of the state.
I Will Not Say “1099 Employee”
NYC’s “Freelance Isn’t Free Act” now applies statewide, and violations can mean serious penalties, including treble damages and attorneys’ fees. So, if you’re still calling your freelance workers “1099 employees,” knock it off, or your next meeting might include a lawyer, a fine, and an awkward silence.
I Will Get Serious About Salary Transparency
As of June 1, 2025, New Jersey employers with 10 or more employees will be required to disclose salary and benefits in certain job postings. This is part of a broader nationwide trend, so if you’ve got employees in New Jersey or elsewhere, start thinking about how you’re presenting your salaries.
I Resolve to Embrace Prenatal Leave for Employees
Starting January 1, 2025, New York employers are required to provide employees with up to 20 hours of paid prenatal leave. This applies to both full- and part-time employees and covers medical appointments related to pregnancy, fertility treatments, and end-of-pregnancy care. Said differently, yes, make sure your handbook is updated.
I Resolve to Do My CTA Filing . . . Maybe?
This is admittedly getting ridiculous(ly … funny?), but the Corporate Transparency Act (CTA) may be back on. Recently the Supreme Court stepped in and overturned a lower court decision . . . but that maybe does not impact another injunction that was granted? And oh yeah, the Trump Administration is against this rule so will the DOJ even enforce non-compliance? Stay tuned …
I Will Let Go of the COVID Paid Sick Leave
. . . but I’ll keep the nostalgia. Yes, New York’s COVID-19 Emergency Leave Law, which provides paid sick leave for employees subject to quarantine or isolation orders, is set to expire by July 31, 2025, meaning this is probably the last cold and flu (. . .and RSV, and norovirus, and . . .) season where this rule matters. So long, farewell. Auf Wiedersehen, achoo.
I Will Not Be Left Behind by (or Sued because of) AI
2025 is going to be a big year for AI. With AI tools becoming a staple in almost every industry, it’s crucial to understand the new laws popping up around artificial intelligence, while also remembering the existing rules regarding discrimination and privacy (also called “laws”). The world is scrambling to figure out how to regulate AI in the workplace, and you should be too. If you’re using AI to make decisions about hiring, firing, or even performance reviews, just know that there are emerging regulations and agency opinions about bias, transparency, and data privacy.
I Will Acknowledge the New Administration’s Impact on Employment Law
Whatever your feelings about the Trump administration, we can all agree on one thing: changes are coming. A new occupant of the Oval Office always means a new era of labor and employment law shifts. We’re in for a ride with a likely focus on scaling back many of the changes made by the Biden administration, including wage issues and labor relations. Historically, every administration brings its own flavor of changes to employment law, so don’t get too comfortable. Having fun yet??
I Resolve to Keep Retail Workers Safe
The Retail Violence Prevention Law in New York requires employers in the retail space to establish written policies, provide notices, and offer training for workplace violence prevention by March 2025. If you run a retail operation, now is the time to get your compliance ducks in a row (and yes, probably update your handbook).
I Will (Still) Not Have California Employees
Normally, I’d wrap this up with a snarky quip about California’s employment laws – because they’re still a mess. But there are bigger things going on this year and our hearts go out to everyone affected by the devastating fires in California.
Stay safe out there, Golden State!
Thank you for reading. Have a great year!
And as always, if you’ve got questions, you know we’ve got answers.
~ The W + K Team
ABOUT WEINSTEIN + KLEIN P.C.
Established in 2019, Weinstein + Klein is a boutique law firm focused on labor and employment law, business matters, and litigation. W + K works with businesses, individuals, and entrepreneurs to protect their legal interests. In addition to advising clients on employment matters and working with businesses to minimize their risk of litigation, we advise small businesses and start-ups on various business law matters.