California 2023-2024 Regular Session

California Assembly Bill AB2299 Compare Versions

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Version 2 (New)

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1		-	Assembly Bill No. ~~2299 CHAPTER 105~~ An act to amend Section 1102.8 of, and to add Section 98.11 to, the Labor Code, relating to employment. ~~[ Approved by Governor July 15, 2024. Filed with Secretary of State July 15, 2024. ]~~ LEGISLATIVE COUNSEL'S DIGESTAB 2299, Flora. Labor Commissioner: whistleblower protections: model list of rights and responsibilities.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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 98.11 is added to the Labor Code, to read:98.11. The Labor Commissioner shall develop a model list of employees rights and responsibilities under the whistleblower laws that complies with the requirements of subdivision (a) of Section 1102.8. The model list shall be accessible on the Labor Commissioners internet website so that it is reasonably accessible to an employer.SEC. 2. Section 1102.8 of the Labor Code is amended to read:1102.8. (a) 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 described in Section 1102.7.(b) An employer shall be deemed in compliance with the posting requirement set forth in subdivision (a) if the employer posts the model list described in Section 98.11.(c) A state agency required to post a notice pursuant to Section 8548.2 of the Government Code or subdivision (b) of Section 6128 of the Penal Code shall be deemed in compliance with the posting requirement set forth in subdivision (a) if the notice posted pursuant to Section 8548.2 of the Government Code or subdivision (b) of Section 6128 of the Penal Code also contains the whistleblower hotline number described in Section 1102.7.
	1	+	Enrolled June 25, 2024 Passed IN Senate June 20, 2024 Passed IN Assembly May 16, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2299Introduced by Assembly Member FloraFebruary 12, 2024 An act to amend Section 1102.8 of, and to add Section 98.11 to, the Labor Code, relating to employment.LEGISLATIVE COUNSEL'S DIGESTAB 2299, Flora. Labor Commissioner: whistleblower protections: model list of rights and responsibilities.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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 98.11 is added to the Labor Code, to read:98.11. The Labor Commissioner shall develop a model list of employees rights and responsibilities under the whistleblower laws that complies with the requirements of subdivision (a) of Section 1102.8. The model list shall be accessible on the Labor Commissioners internet website so that it is reasonably accessible to an employer.SEC. 2. Section 1102.8 of the Labor Code is amended to read:1102.8. (a) 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 described in Section 1102.7.(b) An employer shall be deemed in compliance with the posting requirement set forth in subdivision (a) if the employer posts the model list described in Section 98.11.(c) A state agency required to post a notice pursuant to Section 8548.2 of the Government Code or subdivision (b) of Section 6128 of the Penal Code shall be deemed in compliance with the posting requirement set forth in subdivision (a) if the notice posted pursuant to Section 8548.2 of the Government Code or subdivision (b) of Section 6128 of the Penal Code also contains the whistleblower hotline number described in Section 1102.7.
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3		-	Assembly Bill No. ~~2299 CHAPTER 105~~ An act to amend Section 1102.8 of, and to add Section 98.11 to, the Labor Code, relating to employment. ~~[ Approved by Governor July 15, 2024. Filed with Secretary of State July 15, 2024. ]~~ LEGISLATIVE COUNSEL'S DIGESTAB 2299, Flora. Labor Commissioner: whistleblower protections: model list of rights and responsibilities.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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
	3	+	Enrolled June 25, 2024 Passed IN Senate June 20, 2024 Passed IN Assembly May 16, 2024 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 2299Introduced by Assembly Member FloraFebruary 12, 2024 An act to amend Section 1102.8 of, and to add Section 98.11 to, the Labor Code, relating to employment.LEGISLATIVE COUNSEL'S DIGESTAB 2299, Flora. Labor Commissioner: whistleblower protections: model list of rights and responsibilities.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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
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5		-	Assembly ~~Bill No.~~ ~~2299 CHAPTER 105~~
	5	+	Enrolled June 25, 2024 Passed IN Senate June 20, 2024 Passed IN Assembly May 16, 2024
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7		-	Assembly Bill No. 2299
	7	+	Enrolled June 25, 2024
	8	+	Passed IN Senate June 20, 2024
	9	+	Passed IN Assembly May 16, 2024
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9		-	CHAPTER 105
	11	+	CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
	12	+
	13	+	Assembly Bill
	14	+
	15	+	No. 2299
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	17	+	Introduced by Assembly Member FloraFebruary 12, 2024
	18	+
	19	+	Introduced by Assembly Member Flora
	20	+	February 12, 2024
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11	22		An act to amend Section 1102.8 of, and to add Section 98.11 to, the Labor Code, relating to employment.
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13		-	[ Approved by Governor July 15, 2024. Filed with Secretary of State July 15, 2024. ]
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15	24		LEGISLATIVE COUNSEL'S DIGEST
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17	26		## LEGISLATIVE COUNSEL'S DIGEST
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19	28		AB 2299, Flora. Labor Commissioner: whistleblower protections: model list of rights and responsibilities.
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21	30		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.
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23	32		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.
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25	34		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.
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27	36		## Digest Key
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29	38		## Bill Text
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31	40		The people of the State of California do enact as follows:SECTION 1. Section 98.11 is added to the Labor Code, to read:98.11. The Labor Commissioner shall develop a model list of employees rights and responsibilities under the whistleblower laws that complies with the requirements of subdivision (a) of Section 1102.8. The model list shall be accessible on the Labor Commissioners internet website so that it is reasonably accessible to an employer.SEC. 2. Section 1102.8 of the Labor Code is amended to read:1102.8. (a) 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 described in Section 1102.7.(b) An employer shall be deemed in compliance with the posting requirement set forth in subdivision (a) if the employer posts the model list described in Section 98.11.(c) A state agency required to post a notice pursuant to Section 8548.2 of the Government Code or subdivision (b) of Section 6128 of the Penal Code shall be deemed in compliance with the posting requirement set forth in subdivision (a) if the notice posted pursuant to Section 8548.2 of the Government Code or subdivision (b) of Section 6128 of the Penal Code also contains the whistleblower hotline number described in Section 1102.7.
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33	42		The people of the State of California do enact as follows:
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35	44		## The people of the State of California do enact as follows:
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37	46		SECTION 1. Section 98.11 is added to the Labor Code, to read:98.11. The Labor Commissioner shall develop a model list of employees rights and responsibilities under the whistleblower laws that complies with the requirements of subdivision (a) of Section 1102.8. The model list shall be accessible on the Labor Commissioners internet website so that it is reasonably accessible to an employer.
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39	48		SECTION 1. Section 98.11 is added to the Labor Code, to read:
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41	50		### SECTION 1.
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43	52		98.11. The Labor Commissioner shall develop a model list of employees rights and responsibilities under the whistleblower laws that complies with the requirements of subdivision (a) of Section 1102.8. The model list shall be accessible on the Labor Commissioners internet website so that it is reasonably accessible to an employer.
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45	54		98.11. The Labor Commissioner shall develop a model list of employees rights and responsibilities under the whistleblower laws that complies with the requirements of subdivision (a) of Section 1102.8. The model list shall be accessible on the Labor Commissioners internet website so that it is reasonably accessible to an employer.
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47	56		98.11. The Labor Commissioner shall develop a model list of employees rights and responsibilities under the whistleblower laws that complies with the requirements of subdivision (a) of Section 1102.8. The model list shall be accessible on the Labor Commissioners internet website so that it is reasonably accessible to an employer.
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51	60		98.11. The Labor Commissioner shall develop a model list of employees rights and responsibilities under the whistleblower laws that complies with the requirements of subdivision (a) of Section 1102.8. The model list shall be accessible on the Labor Commissioners internet website so that it is reasonably accessible to an employer.
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53	62		SEC. 2. Section 1102.8 of the Labor Code is amended to read:1102.8. (a) 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 described in Section 1102.7.(b) An employer shall be deemed in compliance with the posting requirement set forth in subdivision (a) if the employer posts the model list described in Section 98.11.(c) A state agency required to post a notice pursuant to Section 8548.2 of the Government Code or subdivision (b) of Section 6128 of the Penal Code shall be deemed in compliance with the posting requirement set forth in subdivision (a) if the notice posted pursuant to Section 8548.2 of the Government Code or subdivision (b) of Section 6128 of the Penal Code also contains the whistleblower hotline number described in Section 1102.7.
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55	64		SEC. 2. Section 1102.8 of the Labor Code is amended to read:
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57	66		### SEC. 2.
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59	68		1102.8. (a) 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 described in Section 1102.7.(b) An employer shall be deemed in compliance with the posting requirement set forth in subdivision (a) if the employer posts the model list described in Section 98.11.(c) A state agency required to post a notice pursuant to Section 8548.2 of the Government Code or subdivision (b) of Section 6128 of the Penal Code shall be deemed in compliance with the posting requirement set forth in subdivision (a) if the notice posted pursuant to Section 8548.2 of the Government Code or subdivision (b) of Section 6128 of the Penal Code also contains the whistleblower hotline number described in Section 1102.7.
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61	70		1102.8. (a) 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 described in Section 1102.7.(b) An employer shall be deemed in compliance with the posting requirement set forth in subdivision (a) if the employer posts the model list described in Section 98.11.(c) A state agency required to post a notice pursuant to Section 8548.2 of the Government Code or subdivision (b) of Section 6128 of the Penal Code shall be deemed in compliance with the posting requirement set forth in subdivision (a) if the notice posted pursuant to Section 8548.2 of the Government Code or subdivision (b) of Section 6128 of the Penal Code also contains the whistleblower hotline number described in Section 1102.7.
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63	72		1102.8. (a) 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 described in Section 1102.7.(b) An employer shall be deemed in compliance with the posting requirement set forth in subdivision (a) if the employer posts the model list described in Section 98.11.(c) A state agency required to post a notice pursuant to Section 8548.2 of the Government Code or subdivision (b) of Section 6128 of the Penal Code shall be deemed in compliance with the posting requirement set forth in subdivision (a) if the notice posted pursuant to Section 8548.2 of the Government Code or subdivision (b) of Section 6128 of the Penal Code also contains the whistleblower hotline number described in Section 1102.7.
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67	76		1102.8. (a) 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 described in Section 1102.7.
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69	78		(b) An employer shall be deemed in compliance with the posting requirement set forth in subdivision (a) if the employer posts the model list described in Section 98.11.
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71	80		(c) A state agency required to post a notice pursuant to Section 8548.2 of the Government Code or subdivision (b) of Section 6128 of the Penal Code shall be deemed in compliance with the posting requirement set forth in subdivision (a) if the notice posted pursuant to Section 8548.2 of the Government Code or subdivision (b) of Section 6128 of the Penal Code also contains the whistleblower hotline number described in Section 1102.7.