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September 26, 2024
Update: The California Labor Commissioner published the model workplace whistleblower notice and you can find it here.
Existing California Law
California law prohibits employers from making, adopting, or enforcing a policy that prevents employees from reporting violations of laws or regulations to, among others, a government or law enforcement agency (i.e., whistleblowing). California law also prohibits retaliation against whistleblowers. As a result, California requires employers to display prominently in the workplace a list of employees’ rights and responsibilities under its whistleblower laws. However, other than requiring employers to use lettering larger than a size 14 font and to include the telephone number of the whistleblower hotline on the notice, California did not set forth the content of the notice. Although the Labor Commissioner had issued a sample notice, it contained a disclaimer that using it did not guarantee compliance with the statutory requirements for the workplace notice.
Assembly Bill 2299 (“AB 2299”)
To provide better guidance to employers, California Governor Newsom signed AB 2299 on July 15, 2024, which requires the Labor Commissioner to develop a model notice for employers to display in the workplace. By January 1, 2025, the Labor Commissioner must make the model notice reasonably accessible to employers on its website. If employers use the model notice, employers will be deemed to be in compliance with the statutory requirements for posting the notice. These provisions can be found in California Labor Code Sections 98.11 and 1102.8.
Employer Takeaways
California employers should use the model notice once the Labor Commissioner publishes it because doing so will ensure compliance with the statutory requirements for the workplace notice. In the meantime, employers should monitor the Labor Commissioner’s website for the posting of the model notice and make sure its employees are well-trained on its whistleblower laws.
The author of this article, Maria V. Martin, is a member of the Bars of New Jersey, New York, Ohio, and Pennsylvania. This article is designed to provide one perspective regarding recent legal developments, and is not intended to serve as legal advice in New Jersey, New York, Ohio, Pennsylvania, California, or any other jurisdiction, nor does it establish an attorney-client relationship with any reader of the article where one does not exist. Always consult an attorney with specific legal issues.
