Updated Whistleblower Notice

In an earlier post, we mentioned that the sample notice detailing whistleblower protections posted by the California Division of Labor Standards Enforcement (DLSE) contained a disclaimer stating that the DLSE “believes,” but cannot guarantee, that the sample complies with existing requirements. AB 2299, which is effective on January 1, 2025, requires the Labor Commissioner to develop a whistleblower protection notice that definitively meets the applicable legal requirements.

The Labor Commissioner recently posted an updated notice, which must be printed on 8.5 x 14-inch paper with margins no larger than one-half inch to conform to the statutory requirement that the lettering be larger than size 14-point type. Employers must use the updated notice beginning on January 1, 2025.

Updated Paid Sick Leave FAQs

Earlier this month, the Labor Commissioner released updated FAQs on California’s paid sick leave law. The FAQs reflect changes to the law that will take effect on January 1, 2025.

In particular, the FAQs address the expansion of the paid sick leave law to include an employee’s ability to use paid sick leave if they or a family member are a victim of a crime, subject to the size of the employer.

All employers must allow employees to use paid sick leave to obtain or attempt to obtain any relief, including, but not limited to, a temporary restraining order, restraining order, or other injunctive relief, to help ensure the health, safety, or welfare of the victim or their child.

Employers with 25 or more employees must allow the use of paid sick leave for the following additional purposes:

• to seek, obtain, or assist a family member to seek or obtain, medical attention for or to recover from injuries caused by a qualifying act of violence;
• to seek, obtain, or assist a family member to seek or obtain services from a domestic violence shelter, program, rape crisis center, or victim services organization or agency as a result of a qualifying act of violence;
• to seek, obtain, or assist a family member to seek or obtain psychological counseling or mental health services related to an experience of a qualifying act of violence;
• to participate in safety planning or take other actions to increase safety from future qualifying acts of violence;
• to relocate or engage in the process of securing a new residence due to the qualifying act of violence, including, but not limited to, securing temporary or permanent housing or enrolling children in a new school or childcare;
• to provide care to a family member who is recovering from injuries caused by a qualifying act of violence;
• to seek, obtain, or assist a family member to seek or obtain civil or criminal legal services in relation to the qualifying act of violence;
• to prepare for, participate in, or attend any civil, administrative, or criminal legal proceeding related to the qualifying act of violence; or
• to seek, obtain, or provide childcare or care to a care-dependent adult if the childcare or care is necessary to ensure the safety of the child or dependent adult as a result of the qualifying act of violence.

The FAQs also specify that an employee who is a victim of a violent or serious felony crime, or theft or embezzlement, an immediate family member of a victim, a registered domestic partner of a victim, or the child of a registered domestic partner of a victim may use paid sick leave to attend judicial proceedings related to that crime.

We know. There is a lot of work to do. Happy New Year.