Existing law prohibits employers from making, adopting, or 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, among others, a government or law enforcement agency, or from retaliating against an employee who makes a disclosure. Existing law requires an employer to prominently display a list of employees rights and responsibilities under the whistleblower laws, as prescribed. Existing law creates the Division of Labor Standards Enforcement within the Department of Industrial Relations and vests the division with the general duty of enforcing labor laws. Existing law provides that the Labor Commissioner is the Chief of the Division of Labor Standards Enforcement.

This bill would require the Labor Commissioner to develop a model list of employees rights and responsibilities under the whistleblower laws, as specified. The bill would specify that an employer that posts the model list shall be deemed in compliance with the above-described requirement to prominently display the list of employees rights and responsibilities under the whistleblower laws.

Existing law prohibits employers from making, adopting, or 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, among others, a government or law enforcement agency, or from retaliating against an employee who makes a disclosure. Existing law requires an employer to prominently display a list of employees rights and responsibilities under the whistleblower laws, as prescribed. Existing law creates the Division of Labor Standards Enforcement within the Department of Industrial Relations and vests the division with the general duty of enforcing labor laws. Existing law provides that the Labor Commissioner is the Chief of the Division of Labor Standards Enforcement.

This bill would require the Labor Commissioner to develop a model list of employees rights and responsibilities under the whistleblower laws, as specified. The bill would specify that an employer that posts the model list shall be deemed in compliance with the above-described requirement to prominently display the list of employees rights and responsibilities under the whistleblower laws.

Existing law prohibits employers from making, adopting, or 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, among others, a government or law enforcement agency, or from retaliating against an employee who makes a disclosure. Existing law requires an employer to prominently display a list of employees rights and responsibilities under the whistleblower laws, as prescribed. Existing law creates the Division of Labor Standards Enforcement within the Department of Industrial Relations and vests the division with the general duty of enforcing labor laws. Existing law provides that the Labor Commissioner is the Chief of the Division of Labor Standards Enforcement.

This bill would require the Labor Commissioner to develop a model list of employees rights and responsibilities under the whistleblower laws, as specified. The bill would specify that an employer that posts the model list shall be deemed in compliance with the above-described requirement to prominently display the list of employees rights and responsibilities under the whistleblower laws.

 CONSENT  

Bill No: AB 2299

Author: Flora (R)

Introduced: 2/12/24

Vote: 21

SENATE LABOR, PUB. EMP. & RET. COMMITTEE: 5-0, 6/5/24

AYES: Smallwood-Cuevas, Wilk, Cortese, Durazo, Laird

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 71-0, 5/16/24 (Consent) - See last page for vote

SUBJECT: Labor Commissioner: whistleblower protections: model list of rights and responsibilities

SOURCE: Author

DIGEST:

This bill requires the Labor Commissioner (LC) to develop a model list of employees’ rights and responsibilities under existing whistleblower laws for employer use to meet existing posting requirements.

ANALYSIS:

Existing law:

1. Establishes the Department of Industrial Relations (DIR) within the Labor and Workforce Development Agency (LWDA), and vests it with various powers and duties to foster, promote, and develop the welfare of the wage earners of California, to improve their working conditions, and to advance their opportunities for profitable employment. (Labor Code §50.5)
2. Establishes within the DIR, various entities including the Division of Labor Standards Enforcement (DLSE) under the direction of the LC, and empowers the LC with ensuring a just day’s pay in every workplace and promotes economic justice through robust enforcement of labor laws including wage and hour, anti-retaliation and enforcing employer notice requirements. (Labor Code §79-107)
3. Requires the LC to develop a model notice pertaining to workplace rights and wage and hour laws that uses plain language, is available in Spanish, Vietnamese and Korean, and is accessible on the LC’s internet website. Among other things, requires the model notice to include information on how to report violations of the law and protections from retaliation. (Labor Code §98.10)
4. Specifies that the following employer practices in regards to whistleblowing are unlawful:
   1. Prevents an employee from, or retaliating against an employee for, disclosing information to, among others, a government or law enforcement agency, to a person with authority over the employees, or to another employee who has authority to investigate, discover, or correct the violation or noncompliance.
   2. Retaliating against an employee for refusing to participate in an activity that would result in the violation of state or federal statute, or a violation of noncompliance with a local, state, or federal rule or regulation.
   3. Retaliating against an employee for exercising their rights under (a) or (b) above in any former employment.

(Labor Code §1102.5)

1. Requires the office of the Attorney General (AG) to maintain a whistleblower hotline to receive calls from persons who have information regarding possible violations of state or federal statutes, rules, or regulations, or violations of fiduciary responsibility by a corporation or limited liability company to its shareholders, investors, or employees. The AG is required to refer calls received to the appropriate government authority for review and investigation. (Labor Code §1102.7)
2. Requires employers to prominently display in lettering larger than size 14-point type a list of employees’ rights and responsibilities under the whistleblower laws, including the telephone number of the whistleblower hotline. (Labor Code §1102.8(a))

This bill:

1. Requires the Labor Commissioner to develop a model list of employees’ rights and responsibilities under the whistleblower laws that complies with the requirements of existing Labor Code Section 1102.8, subdivision (a) (noted under bullet (6) above).
2. Requires the model notice to be accessible on the LC’s internet website so that it is reasonably accessible to an employer.
3. Provides that an employer shall be deemed in compliance with the whistleblower posting requirements of Labor Code Section 1102.8 if they post the model list developed by the LC.

Background:

Whistleblower Protections: A “whistleblower” is an employee who discloses information to a government agency, law enforcement agency, or person with authority to investigate and/or correct the violation or noncompliance, or who provides information to or testifies before a public body conducting an investigation regarding the alleged violation of law. California’s whistleblower protections have been in place since the 1980s and encourage reporting of wrongdoing while ensuring employees are protected for reporting violations. Under California Labor Code Section 1102.5, if an employer retaliates against a whistleblower, the employer may be required to reinstate the employee’s employment and work benefits, pay lost wages, and take other steps necessary to comply with the law.

Workplace Postings: In California, all employers must meet workplace-posting obligations. Workplace postings are usually available at no cost from the requiring agency. The Department of Industrial Relations requires employers to post information related to wages, hours and working conditions in an area frequented by employees where it may be easily read during the workday. Additional posting requirements apply to some workplaces.

As noted under existing law above, among these posting obligations is a requirement that employers display a list of employees’ rights and protections under whistleblower laws. Current law, however, does not require the LC to develop a model posting that employers may utilize to comply with this requirement as it does with other workplace posting requirements. Other provisions of law do require the department or enforcing entities to draft sample postings for employer use. Paid sick leave provisions, for example, require employers to satisfy specified posting and notice requirements but requires the LC to create, and make available to employers, a poster containing the specified information.

The DLSE has developed a sample notice on whistleblower protections and makes it available on its internet website for employer and employee use. This notice, however, includes the following disclaimer:

The Division of Labor Standards Enforcement believes that the sample posting below meets the requirements of Labor Code Section 1102.8(a). This document must be printed to 8.5 x 14 inch paper with margins no larger than one-half inch in order to conform to the statutory requirement that the lettering be larger than size 14-point type.

Need for this bill? According to the author:

“While the Division of Labor Standards Enforcement (DLSE) has voluntarily made available a sample notice on their workplace postings webpage, neither DLSE nor existing law guarantee that an employer who posts this sample notice is in compliance.” The author argues that this “theoretically puts employers, including small businesses, in the position of analyzing and constantly monitoring the state’s complex whistleblower laws to ensure that their posted notice is accurate and up to date.” The author cites as an example, that “disagreement might arise over whether DLSE’s list of rights and responsibilities is accurate and complete, or DLSE may fail to update the sample notice when whistleblower laws change.” In such cases, the author argues, “employers would ultimately be held liable for violating the posting requirement, even though they believed they were compliant, and may inadvertently provide incomplete or outdated information to their employees.

“AB 2299 simply codifies 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, while also clarifying that employers who display that model poster have fulfilled the existing posting mandate. This facilitates employer compliance, benefitting businesses and workers alike.”

Related/Prior Legislation:

SB 526 (Limon, 2023) would have required the Department of Industrial Relations (DIR) to develop and prepare a poster on domestic violence prevention that employers may download from the department’s website and display in their workplace. SB 526 was held under submission in Senate Appropriations Committee.

AB 1522 (Gonzalez, Chapter 317, Statutes of 2014) required employers to provide paid sick days, as specified, as well as establishing anti-retaliation provisions for its use. The law further required employers to satisfy specified posting and notice requirements and required the LC to create and make available to employers a poster containing this information.

SB 1193 (Steinberg, Chapter 515, Statutes of 2012) required specified businesses and other establishments to post a notice informing the public and victims of human trafficking of telephone hotline numbers to seek help or report unlawful activity.

AB 1127 (Horton, Chapter 820, Statutes of 2004) required the lettering of the list of employees’ rights and responsibilities under the whistleblower laws to be larger than size 14 point type.

SB 777 (Escutia, Chapter 484, Statutes of 2003) provided additional whistleblower protections, established a “whistleblower hotline” within the office of the AG, and required the AG to refer calls received on this hotline to the appropriate government authority, as specified. The law also required an employer to display, as specified, a list of an employee’s rights under whistleblower laws, including the telephone number of the hotline.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

SUPPORT: (Verified 6/17/24)

None received.

OPPOSITION: (Verified 6/17/24)

None received.

ASSEMBLY FLOOR: 71-0, 5/16/24

AYES: Aguiar-Curry, Alanis, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Davies, Dixon, Essayli, Mike Fong, Friedman, Gabriel, Gallagher, Garcia, Grayson, Haney, Hart, Holden, Hoover, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Luz Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas

NO VOTE RECORDED: Addis, Alvarez, Cervantes, Megan Dahle, Flora, Vince Fong, Gipson, Irwin, Mathis

Prepared by: Alma Perez-Schwab / L., P.E. & R. / (916) 651-1556

6/18/24 13:52:37

**** END ****

SENATE COMMITTEE ON LABOR, PUBLIC EMPLOYMENT AND RETIREMENT

Senator Lola Smallwood-Cuevas, Chair

2023 - 2024 Regular

Bill No: AB 2299 Hearing Date: June 5, 2024

SUBJECT: Labor Commissioner: whistleblower protections: model list of rights and responsibilities

KEY ISSUE

This bill requires the Labor Commissioner to develop a model list of employees’ rights and responsibilities under existing whistleblower laws for employer use to meet existing posting requirements.

ANALYSIS

Existing law:

1. Establishes the Department of Industrial Relations (DIR) within the Labor and Workforce Development Agency (LWDA), and vests it with various powers and duties to foster, promote, and develop the welfare of the wage earners of California, to improve their working conditions, and to advance their opportunities for profitable employment. (Labor Code §50.5)
2. Establishes within the DIR, various entities including the Division of Labor Standards Enforcement (DLSE) under the direction of the Labor Commissioner (LC), and empowers the LC with ensuring a just day’s pay in every workplace and promotes economic justice through robust enforcement of labor laws including wage and hour, anti-retaliation and enforcing employer notice requirements. (Labor Code §79-107)
3. Requires the LC to develop a model notice pertaining to workplace rights and wage and hour laws that uses plain language, is available in Spanish, Vietnamese and Korean, and is accessible on the LC’s internet website. Among other things, requires the model notice to include information on how to report violations of the law and protections from retaliation. (Labor Code §98.10)
4. Specifies that the following employer practices in regards to whistleblowing are unlawful:
   1. Preventing an employee from, or retaliating against an employee for, disclosing information to, among others, a government or law enforcement agency, to a person with authority over the employees, or to another employee who has authority to investigate, discover, or correct the violation or noncompliance.
   2. Retaliating against an employee for refusing to participate in an activity that would result in the violation of state or federal statute, or a violation of noncompliance with a local, state, or federal rule or regulation.
   3. Retaliating against an employee for exercising their rights under (a) or (b) above in any former employment.

(Labor Code §1102.5)

1. Requires the office of the Attorney General (AG) to maintain a whistleblower hotline to receive calls from persons who have information regarding possible violations of state or federal statutes, rules, or regulations, or violations of fiduciary responsibility by a corporation or limited liability company to its shareholders, investors, or employees. The AG is required to refer calls received to the appropriate government authority for review and investigation. (Labor Code §1102.7)
2. Requires employers to prominently display in lettering larger than size 14-point type a list of employees’ rights and responsibilities under the whistleblower laws, including the telephone number of the whistleblower hotline. (Labor Code §1102.8(a))

This bill:

1. Requires the Labor Commissioner to develop a model list of employees’ rights and responsibilities under the whistleblower laws that complies with the requirements of existing Labor Code Section 1102.8, subdivision (a) (noted under bullet (6) above).
2. Requires the model notice to be accessible on the LC’s internet website so that it is reasonably accessible to an employer.
3. Provides that an employer shall be deemed in compliance with the whistleblower posting requirements of Labor Code Section 1102.8 if they post the model list developed by the LC.

COMMENTS

1. Background:

Whistleblower Protections:

A “whistleblower” is an employee who discloses information to a government agency, law enforcement agency, or person with authority to investigate and/or correct the violation or noncompliance, or who provides information to or testifies before a public body conducting an investigation regarding the alleged violation of law. California’s whistleblower protections have been in place since the 1980s and encourage reporting of wrongdoing while ensuring employees are protected for reporting violations. Under California Labor Code Section 1102.5, if an employer retaliates against a whistleblower, the employer may be required to reinstate the employee’s employment and work benefits, pay lost wages, and take other steps necessary to comply with the law.

As noted in the Division of Labor Standards Enforcement’s sample posting on existing whistleblower laws, the following are protections afforded to whistleblowers^[1]:

1. An employer may not make, adopt, or enforce any rule, regulation, or policy preventing an employee from being a whistleblower.
2. An employer may not retaliate against an employee who is a whistleblower.
3. An employer may not retaliate against an employee for refusing to participate in an activity that would result in a violation of a state or federal statute, or a violation or noncompliance with a state or federal rule or regulation.
4. An employer may not retaliate against an employee for having exercised his or her rights as a whistleblower in any former employment.

Workplace Postings:

In California, all employers must meet workplace-posting obligations. Workplace postings are usually available at no cost from the requiring agency. The Department of Industrial Relations requires employers to post information related to wages, hours and working conditions in an area frequented by employees where it may be easily read during the workday. Additional posting requirements apply to some workplaces.

As noted under existing law above, among these posting obligations is a requirement that employers display a list of employees’ rights and protections under whistleblower laws. Current law, however, does not require the LC to develop a model posting that employers may utilize to comply with this requirement as it does with other workplace posting requirements. Other provisions of law do require the department or enforcing entities to draft sample postings for employer use. Paid sick leave provisions, for example, require employers to satisfy specified posting and notice requirements but requires the LC to create, and make available to employers, a poster containing the specified information.

The DLSE has developed a sample notice on whistleblower protections and makes it available on its internet website for employer and employee use. This notice, however, includes the following disclaimer:

The Division of Labor Standards Enforcement believes that the sample posting below meets the requirements of Labor Code Section 1102.8(a). This document must be printed to 8.5 x 14 inch paper with margins no larger than one-half inch in order to conform to the statutory requirement that the lettering be larger than size 14-point type.

2. Need for this bill?

According to the author, “While the Division of Labor Standards Enforcement (DLSE) has voluntarily made available a sample notice on their workplace postings webpage, neither DLSE nor existing law guarantee that an employer who posts this sample notice is in compliance.” The author argues that this “theoretically puts employers, including small businesses, in the position of analyzing and constantly monitoring the state’s complex whistleblower laws to ensure that their posted notice is accurate and up to date.” The author cites as an example, that “disagreement might arise over whether DLSE’s list of rights and responsibilities is accurate and complete, or DLSE may fail to update the sample notice when whistleblower laws change.” In such cases, the author argues, “employers would ultimately be held liable for violating the posting requirement, even though they believed they were compliant, and may inadvertently provide incomplete or outdated information to their employees.”

According to the author, “AB 2299 simply codifies 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, while also clarifying that employers who display that model poster have fulfilled the existing posting mandate. This facilitates employer compliance, benefitting businesses and workers alike.”

3. Proponent Arguments:

None received.

4. Opponent Arguments:

None received.

5. Prior/Related Legislation:

SB 526 (Limon, 2023) would have required the Department of Industrial Relations (DIR) to develop and prepare a poster on domestic violence prevention that employers may download from the department’s website and display in their workplace. SB 526 was held under submission in Senate Appropriations Committee.

AB 1522 (Gonzalez, Chapter 317, Statutes of 2014) required employers to provide paid sick days, as specified, as well as establishing anti-retaliation provisions for its use. The law further required employers to satisfy specified posting and notice requirements and required the LC to create and make available to employers a poster containing this information.

SB 1193 (Steinberg, Chapter 515, Statutes of 2012) required specified businesses and other establishments to post a notice informing the public and victims of human trafficking of telephone hotline numbers to seek help or report unlawful activity.

AB 1127 (Horton, Chapter 820, Statutes of 2004) required the lettering of the list of employees’ rights and responsibilities under the whistleblower laws to be larger than size 14 point type.

SB 777 (Escutia, Chapter 484, Statutes of 2003) provided additional whistleblower protections, established a “whistleblower hotline” within the office of the AG, and required the AG to refer calls received on this hotline to the appropriate government authority, as specified. The law also required an employer to display, as specified, a list of an employee’s rights under whistleblower laws, including the telephone number of the hotline.

SUPPORT

None received.

OPPOSITION

None received.

-- END --

1. https://www.dir.ca.gov/dlse/WhistleblowersNotice.pdf ↑

Date of Hearing: May 8, 2024

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Buffy Wicks, Chair

ABPCA Bill Id:AB 2299

Author:(Flora) – As Introduced Ver:February 12, 2024

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill requires the Labor Commissioner (LC) to develop a model list of an employee’s rights and responsibilities under whistleblower laws and make the list accessible on the LC’s website.

This bill also deems an employer that posts the model list to be in compliance with the existing requirement to prominently display whistleblower information.

FISCAL EFFECT:

Costs of an unknown, but likely absorbable, amount to the LC to update the model list.

COMMENTS:

1. Purpose. According to the author, this bill “simply clarifies existing law to provide employers with the legal certainty that posting a model notice developed by the [LC] fulfills their existing obligations to display information about employees’ rights and responsibilities under whistleblower laws.”
2. Whistleblower Information. Existing law requires an employer to prominently display, in a font larger than size 14, a list of employee rights and responsibilities under whistleblower laws, including the telephone number of the whistleblower hotline. The LC has voluntarily made available a model notice on its website. However, the model notice includes a disclaimer that the LC “believes that the sample posting below meets the requirements” of relevant Labor Code. Due to the relative uncertainty introduced by the disclaimer, the author contends an employer could be held liable for violating the posting requirement if the LC’s model notice is outdated or incorrect, and the LC could remove the notice from its website at any time. This bill requires the LC to provide a model notice on its website and deems an employer that posts the LC’s notice to be in compliance with existing workplace notice requirements.

Analysis Prepared by: Irene Ho / APPR. / (916) 319-2081

Date of Hearing: April 17, 2024

ASSEMBLY COMMITTEE ON LABOR AND EMPLOYMENT

Liz Ortega, Chair

ABPCA Bill Id:AB 2299 (

Author:Flora) – As Introduced Ver:February 12, 2024

SUBJECT: Labor Commissioner: whistleblower protections: model list of rights and responsibilities

SUMMARY: Provides that an employer that posts a model list of employee rights and responsibilities under the whistleblower laws, as developed by the Labor Commissioner (LC), will be deemed in compliance with the posting requirements for those laws. Specifically, this bill:

1. Requires the LC to develop a model list of employees’ rights and responsibilities under the whistleblower laws that complies with the following requirement:
   1. An employer shall prominently display in lettering larger than size 14 point type a list of employees’ rights and responsibilities under the whistleblower laws, including the telephone number of the whistleblower hotline.
2. Requires the model notice to be accessible on the LC’s internet website so that it is reasonably accessible to an employer.
3. Provides that an employer shall be deemed in compliance with (1)(a) above if they post the model list developed by the LC.

EXISTING LAW:

1. Establishes the LC within the Department of Industrial Relations (DIR) to enforce, among other things, wage and hour law, anti-retaliation provisions, and employer notice requirements. Labor Code §79 et seq.
2. Requires the LC to develop a model notice pertaining to workplace rights and wage and hour laws that uses plain language, is available in Spanish, Vietnamese and Korean, and is accessible on the LC’s internet website. Labor Code §98.10.
3. Requires employers to prominently display in lettering larger than size 14 point type a list of employees’ rights and responsibilities under the whistleblower laws, including the telephone number of the whistleblower hotline. Labor Code §1102.8(a).
4. States that the following employer practices in regards to whistleblowing are unlawful:
   1. Preventing an employee from, or retaliating against an employee for, disclosing information to, among others, a government or law enforcement agency, to a person with authority over the employees, or to another employee who has authority to investigate, discover, or correct the violation or noncompliance. Labor Code §1102.5(a) and (b).
   2. Retaliating against an employee for refusing to participate in an activity that would result in the violation of state or federal statute, or a violation of noncompliance with a local, state, or federal rule or regulation. Labor Code §1102.8(c).
   3. Retaliating against an employee for exercising their rights under (a) or (b) above in any former employment. Labor Code §1102.8(d).
5. Requires employers to display a poster in a conspicuous place that contains information related to sick leave, as specified, and requires the LC to make available a model notice for employers. Labor Code §247(a)-(c).

FISCAL EFFECT: Unknown

COMMENTS: California has had whistleblower protections in place since the 1980s to encourage reporting of wrongdoing and ensure employees who report such wrongdoing are protected.

Current law requires that employers display at the workplace a list of employees’ rights and responsibilities under whistleblower laws. However, current law does not require the LC to develop a model posting that employers may post to comply as it does with certain other workplace posting requirements, including paid sick leave.

The LC has voluntarily made available a model notice on its website; however, the model notice includes a disclaimer that the LC “believes that the sample posting below meets the requirements of Labor Code Section 1102.8(a).” Additionally, the law does not state that an employer that posts the model notice will be in compliance with the law. The author believes this could result in employers being held liable for violating the posting requirement if the LC’s model notice is outdated or incorrect. Furthermore, the author is concerned that nothing in the law prevents the LC from removing the model notice altogether.

According to the author, “AB 2299 simply clarifies existing law to provide employers with the legal certainty that posting a model notice developed by the Labor Commissioner fulfills their existing obligations to display information about employees’ rights and responsibilities under whistleblower laws. This is a small step that will help California employers, especially the small businesses who play such critical roles in our communities, to more easily comply with existing law without limiting the information or protections provided to workers.”

The author further states that “Small businesses without extensive legal departments are the most likely to struggle with the lack of legal certainty surrounding the existing workplace posting requirement. An increasing number of small businesses are founded by women, immigrants, and people of color, with approximately 1.6 million small businesses being minority-owned in 2022. Additionally, by facilitating compliance with posting laws, this bill will ensure that more employees are aware of their rights and responsibilities as potential whistleblowers.”

Arguments in Support

None on file.

Arguments in Opposition

None on file.

Prior Legislation

AB 1522 (Gonzalez), Chapter 317, Statutes of 2014 required employers to provide paid sick days, as specified, as well as prohibited employers from discriminating or retaliating against an employee who requests paid sick days. The law further required employers to satisfy specified posting and notice and recordkeeping requirements, as well as required the LC to create and make available to employers a poster containing this information.

AB 1127 (Horton) Chapter 820, Statutes of 2004 required the lettering of the list of employees’ rights and responsibilities under the whistleblower laws to be larger than size 14 point type.

SB 1499 (Murray) of 2004 would have required that list of employees’ rights and responsibilities to be in lettering no smaller than 14-point font size, among other changes. This bill was vetoed by Governor Schwarzenegger.

SB 777 (Escutia) Chapter 484, Statutes of 2003 provided additional whistleblower protections for refusal to perform unlawful conduct and for an employee's acts on a previous job, established a “whistleblower hotline” within the office of the Attorney General, and required the Attorney General to refer calls received on this hotline to the appropriate government authority, as specified. The law also required an employer to display, as specified, a list of an employee’s rights under whistleblower laws, including the telephone number of the hotline created by the law.

REGISTERED SUPPORT / OPPOSITION:

Support

None on file.

Opposition

None on file.

Analysis Prepared by: Erin Hickey / L. & E. /