Employment Law & Compliance Highlights from the Law Offices of Paul Cheng
– FEDERAL –
Expanded Employment Protections for Veterans and Active-Duty Service Members
Effective January 2, 2025, new federal legislation (SB 141) has been signed into law, enhancing the employment protections granted under the Uniformed Services Employment and Reemployment Rights Act (USERRA). This bill strengthens safeguards for both veterans and active-duty service members in the workplace.
Key provisions include:
- Prohibition on Retaliation: Employers are now expressly barred from taking any retaliatory actions against individuals who assert their rights under USERRA.
- Increased Damages: Courts may now award the greater of $50,000 or the total amount of lost wages plus interest in liquidated damages against employers found to be in violation of the Act.
- Injunctive Relief: Affected individuals can now seek injunctive relief to halt ongoing or imminent violations. To obtain an injunction, claimants must show:
- A likely violation or threat of violation,
- That the potential harm to the employee outweighs harm to the employer,
- A likelihood of success on the merits, and
- That granting relief serves the public interest.
Employers are advised to review their current policies and ensure full compliance with these expanded requirements under USERRA. For questions or assistance with policy updates, please contact Paul P. Cheng, Esq. or one of our employment law attorneys.
– CALIFORNIA –
San Francisco Fair Chance Ordinance Reporting Deadline | May 2, 2025
Employers subject to San Francisco’s Fair Chance Ordinance (FCO) must submit their 2024 Employer Annual Reporting Form no later than May 2, 2025.
The FCO applies to employers with five or more employees worldwide and places specific restrictions on how arrest and conviction history may be used during the hiring process. Covered employers are required to follow strict procedures regarding the consideration of criminal records and must ensure compliance with the reporting requirements set forth by the City of San Francisco.
Failure to comply may result in enforcement actions or penalties.
These developments highlight the evolving landscape of employment regulations on both federal and state levels. Employers should stay updated and ensure compliance to avoid legal pitfalls and potential penalties. Legal counsel is recommended to navigate any complex changes effectively.
