California Governor Gavin Newsom signed Senate Bill (SB) No. 428 on September 30, 2023. The new law expands California's workplace violence restraining order law to protect against certain kinds of workplace harassment as well. SB 428 does not take effect until January 1, 2025.

Quick Hits

• Existing California law enables employers to seek a temporary restraining order against an individual who has engaged in workplace violence or threats of violence against employees.
• Effective January 1, 2025, California law also will allow employers to seek a temporary restraining order against an individual who has harassed their employees.

SB 428

California law currently enables an employer to seek a temporary restraining order to protect employees from a person who has engaged in violence or has made a credible threat of violence. Pursuant to California Code of Civil Procedure Section 527.8, an employer may file a petition for a temporary restraining order to protect employees and their immediate family members.

For example, if a disgruntled former employee sends a text message threatening to attack an employee, the employer may seek a court order to keep the threatening individual away from the workplace, the employee's home, and other locations and prohibit the individual from communicating with the employee in any way. If the individual violates the order, the police are authorized to arrest him or her and criminal prosecution may ensue.

While existing law has provided one remedy...

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