California has a law requiring employers to post employees’ rights and protections under whistleblower laws such as California Labor Code section 1102.5, among other posting requirements. On July 15, 2024, the state passed legislation (AB2299) requiring the Labor Commissioner to develop a notice on employee’s rights and responsibilities for compliance assistance. It is unclear exactly when the notice will be available; however, it will be accessible on the California Labor Commissioner’s website by the end of the year.
Next Steps
Once available, employers should utilize the state’s model notice to replace any prior version they were using as employers who do so will automatically be presumed to be compliant. The poster must be prominently displayed in the workplace.
Concerning those with remote-only workers, although California law allows electronic distribution of required California notices via email, employers should be mindful that they are still obligated to physically display posters in the workplace, including where employees work remotely 100% of the time. If the required notices are distributed electronically, employees must be instructed to post the notices physically. Employees must be reimbursed for expenses and losses incurred by doing so, and time spent printing and posting the notices would be compensable time.
Employers should also ensure that they have implemented a whistleblower policy that includes procedures on how employees may report concerns without fear of retaliation and that human resources and management have been trained on the aspects of the law and your internal policy.
HR Works will continue to monitor this topic and provide updates as they are available
