On July 15, 2024, California Governor Gavin Newsom signed into law Assembly Bill 2299 and Assembly Bill 1870. The laws will require employers to update written notices to California employees.
Assembly Bill 2299
AB 2299 requires the Labor Commissioner to develop a model list of employees’ rights and responsibilities under California’s whistleblower laws. The law also requires employers to prominently display the poster in the workplace. California law generally makes it unlawful for employers to prevent employees from disclosing the employer’s violations or noncompliance of federal, state, or local law. Employers are also prohibited from retaliating against an employee who makes such a disclosure.
AB 2299 adds Section 98.11 to the Labor Code to require the Labor Commissioner to develop a model list of employees’ rights and responsibilities under California’s whistleblower laws. The law also places an affirmative obligation on employers to prominently display the notice. Employers are deemed to be in compliance with these requirements if they use the model poster that will be published by the Labor Commissioner.
Assembly Bill 1870
AB 1870 amends Section 3550 of the Labor Code relating to workers’ compensation. Current law generally requires employers to post a notice in a conspicuous location that includes information such as to whom injuries should be reported, the rights of an employee to select and change a treating physician, certain employee protections against discrimination, and other specific information.
AB 1870 requires that the notice must also include information concerning an injured employee’s ability to consult a licensed attorney to advise them of their rights under workers’ compensations laws.
Both AB 2299 and AB 1870 go into effect on January 1, 2025. Members with questions about their California workplace posting obligations can contact Employers Council’s California Legal Services team at CAinfo@employerscouncil.org.
Jaimie Graczyk is an attorney for Employers Council.