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Professionals and business leaders examine the employment landscape to identify trends for the upcoming year. Understanding emerging trends in employment law gives individuals and businesses insight into how trends could impact their success. Our New York employment attorneys discuss several trends to watch for in 2025.
New Rules for Non-Compete Agreements
In 2024, the FTC released its Final Non-Compete Clause Rule. Many companies use non-compete clauses to ensure key employees do not leave the business to compete for the company’s clients and customers. However, the new FTC rule bans post-employment non-compete agreements. A couple of exceptions include grandfathering clauses with senior executives and non-compete clauses that are part of a bona fide sale of a business.
Mandatory Paid Prenatal Leave for Pregnant Employees in New York
New York passed a new law that takes effect January 1, 2025. The law requires employers to provide pregnant employees with up to 20 days of paid prenatal leave. The leave is for employees to attend prenatal medical appointments and procedures.
Changes from the New Administration
The return of President Trump is likely to shift federal labor policies. There may be significant regulatory rollbacks to reduce the burdens on businesses. Employees may see a limit on worker protections as policies are reinstated, favoring employers in workplace disputes.
AI Continues to Impact Employment Law
AI is expanding in many areas of the employment landscape. AI may be used for workplace surveillance, evaluating performance, determining whether an employee should be promoted, and evaluating applicants. There could be issues with privacy, transparency, and discrimination. Lawmakers will need to find a way to balance technology with workplace protection.
Prepare for Increased Wage Transparency Laws
More states and some cities are passing wage transparency laws to help lessen the wage gap in the job market. The laws also aim to eliminate discrimination by employers.
New York enacted Legislation S.9427-A/A.10477 in December 2022. The law requires employers to include job descriptions if one exists when they post a job listing. They must also include the minimum and maximum annual salary or hourly pay for the job. As legislators continue to create fairness for job applicants, you can expect more wage transparency laws nationwide.
Prioritizing Employee Health and Well-Being
You can expect to see the trend of promoting a healthy workforce continue in 2025. Employers recognize that workers are more engaged and productive when they are healthy. Employees are less likely to search for another job when their employer invests in their health. Workers also place a higher priority on healthcare benefits and insurance when searching for a job.
Therefore, companies may institute programs that make it easier for workers to access mental health services. The trend of expanding paid leave will likely continue in 2025. Some employers will broaden paid leave to incentivize employees to care for their health.
Learn More About Employment Law in New York State
If you have questions about employment law matters in New York, call Lipsky Lowe LLP to schedule a consultation with our experienced New York employment attorneys. We handle all types of employment law matters. The best way to protect your rights and interests is with sound legal counsel.