California employers that post a soon-to-be-released notice about whistleblower protections will be deemed in compliance with state law. Governor Newsom just signed AB 2299, which will require the California Labor Commissioner to create a model template and concrete path to compliance.
Existing California Law
The existing law requires employers to post certain workplace notices; however, it provides little guidance on what to include and doesn’t require the Labor Commissioner to develop a model posting.
Although the Labor Commissioner has issued a sample notice for employers to use, it includes a disclaimer that the posting doesn’t necessarily fulfill the requirements of California law.
The New Law
Assembly Bill 2299 will provide employers with a model notice that will fulfill their obligations to display information about employees’ rights and responsibilities under existing whistleblower laws.
Starting January 1, 2025, employers that post the model notice will be deemed in compliance with the requirement to prominently display the list of employees’ whistleblower rights and responsibilities. However, the law doesn’t require employers to use the Labor Commissioner’s model notice. Businesses may still use their own notices; but they will lose the benefit of being automatically compliant come the new year.
Although little is known about the model notice’s appearance, it will be accessible on the California Labor Commissioner’s website by the end of the year.
What Employers Should Do Now
California employers should take these steps to guard against costly whistleblower actions and state intervention.
- Update all handbooks and policies regarding whistleblower rights and unlawful retaliation.
- Train managers and supervisors on how to respond to whistleblower complaints.
- Make sure HR is well informed of whistleblower rights and unlawful retaliation.
- Stay informed and look for the model notice that should be issued in the coming months.
- Have some type of whistleblower protection notice posted now. Beginning January 1, 2025, consider posting the model notice soon to be provided by the California Labor Commissioner’s Office.