As a reminder, all California employers and multi-state businesses that, since January 1, 2025, Senate Bill 428 (SB 428), which amends Section 527.8 of the California Code of Civil Procedure, has expanded the scope of workplace violence restraining orders to include non-violent harassment.
The expansion covers the following topics:
- Expanded Protections: Employers can now seek restraining orders for employees who experience harassment causing substantial emotional distress, even if there is no threat of violence.
- Definition of Harassment: Harassment is a knowing and willful course of conduct that seriously alarms, annoys, or harasses a person without legitimate purpose.
- Early Intervention: The law allows for earlier intervention to prevent situations from escalating to violence, improving workplace safety and morale.
- Employee Anonymity: Employees can remain anonymous when reporting harassment.
- Policy Updates: Employers should update their workplace policies and training to reflect these new protections and consider restraining orders when harassment is reported.
- Legal Boundaries: The law does not permit restraining orders for actions protected by the National Labor Relations Act (NLRA) or other applicable laws.
For additional information:
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