What happened?

On July 15, 2024, Governor Newsom signed AB 2299, which requires the state’s Labor Commissioner to develop a model list of employee rights and responsibilities under existing whistleblower laws. 

What are the details?

Bites for Employers:

• The bill aims to amend Section 1102.8 of and to add Section 98.11 to, the Labor Code.

• It prohibits employers:
  • from enforcing a policy that prevents an employee from disclosing violations of a state or federal statute, or a violation or noncompliance with a local, state, or federal regulation to a government or law enforcement agency.
  • from retaliating against an employee who makes such a disclosure.

• Employers are required to prominently display a list of employees’ rights and responsibilities under the whistleblower laws.

• The law requires the Labor Commissioner to develop a model list of employees’ rights and responsibilities under the whistleblower laws.

• An employer that posts the model list shall be deemed in compliance with the requirement to prominently display the list of employees’ rights and responsibilities under the whistleblower laws.

Business Considerations

• Employers should review their company’s existing policies to ensure they comply with this law. Any policy that prevents an employee from disclosing violations to a government or law enforcement agency should be revised and adjusted accordingly.
• Employers should prominently display in a conspicuous place a list of employees’ rights and responsibilities under the whistleblower laws as per the law.
• Employers should take reports of violations seriously. When an employee reports a violation, it should be investigated thoroughly, and appropriate action should be taken.
• The new law mandates the Labor Commissioner to create a standard notice. Employers displaying this notice are considered compliant with the law.

Source References

• CA AB 2299

Resources

• The Labor Commissioner previously issued a sample notice.

This communication is intended solely for the purpose of conveying information. The present post might incorporate hyperlinks directing readers to websites managed by third-party entities. The inclusion of any links within this communication is meant to serve as points of reference and could encompass opinion articles from various law firms, articles from HR associations, official websites, news releases, and documents of government agencies, and other relevant third-party sources. Vensure has no authority over these external websites and bears no responsibility for their content. Furthermore, Vensure does not endorse the materials present on these websites. The contents of this communication should not be interpreted as legal advice or as a legal standpoint concerning specific facts or scenarios. Nor should it be deemed an exhaustive compilation of facts potentially pertinent to federal, state, or local laws. It is strongly advised that employers solicit legal guidance from an employment attorney when undertaking actions in response to any legal updates provided. This is due to the possibility of future alterations occurring in federal, state, and local laws, regulations, as well as the directives and guidelines issued by governing agencies. These changes may transpire at any given time, potentially rendering certain portions of the content within this update void or inaccurate.