Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.
The new year is just around the corner, and that means that employers in California need to prepare for a host of new labor and employment law obligations that go into effect on January 1, 2025. One such obligation relates to the posting of a notice informing employees of their rights as potential “Whistleblowers.”
California law requires employers to post a notice that includes information regarding employees’ rights and protections under the state’s whistleblower laws. Last summer, AB 2299 was adopted and signed into law, requiring the California Labor Commissioner to create and publish a model notice of employee’s rights and responsibilities under the state’s whistleblower law. The Labor Commissioner recently published the model notice, which is available here.
Employers are free to develop their own posting with the required information, however, so long as the lettering is at least 14-point typeface and includes the state’s whistleblower hotline number: 1-800-952-5225. The Notice should be posted starting January 1, 2025.
According to the author of AB 2299, the new Notice is needed to codify a requirement for the Labor Commissioner to develop a model poster that lists employees’ rights and responsibilities under whistleblower laws in compliance with existing posting requirements, AND to clarify that employers that display that model poster have fulfilled the existing posting mandate. “This facilitates employer compliance, benefitting businesses and workers alike.”
All employers in California should ensure that they are in compliance with this and other notice-posting requirements. A regular review and audit of these posting requirements is advisable.
What About Remote Employees?
The law does not provide any guidance regarding how employees working remotely should receive the Notice. However, Labor Code section 1207 (effective January 1, 2022) allows employers to distribute information to employees by email with the document or documents attached. For remote workers, the employer should distribute the required Notice (along with other required postings) via email, but that does not alter an employer’s obligation to physically display notices in the workplace.
