What is the new Model Whistleblowers Notice in California?
Short answer: A required notice informing employees of their rights and protections as whistleblowers.
Full answer: California has released a Model Whistleblowers Notice that employers must display in the workplace to inform employees of their rights and protections when reporting illegal activities or state or federal law violations. The notice must be posted in a conspicuous location and include information about reporting violations, protections against retaliation, and contact details for the California Labor Commissioner’s Office and other relevant agencies.
For example, the notice might state: “Employees are protected by law from retaliation for reporting suspected law violations to a government or law enforcement agency.” Employers must ensure that the notice is accessible to all employees, including those working remotely, by providing it in physical and electronic formats if necessary. Non-compliance can result in penalties and legal risks.
Who Must Comply: The requirement applies to all private and public employers in California, including businesses with only one employee. It is part of California's broader efforts to strengthen whistleblower protections under California Labor Code Section 1102.5.
Key Information to Include in the Notice:
Employee rights: Protection against retaliation for reporting violations.
How to report: Contact details for the California Labor Commissioner and other relevant authorities.
Examples of reportable activities: Violations of safety standards, wage laws, or other regulations.
Warning: Avoid Common Mistakes: Ensure the notice is up-to-date and includes the most recent contact information for reporting violations. Posting outdated information may result in compliance issues.
Several U.S. states, in addition to California, have implemented laws requiring employers to inform employees about their whistleblower rights and protections. For example, New York mandates that employers notify employees regarding their whistleblower protections under the state's Labor Law Section 740. Similarly, New Jersey requires employers to display notices informing employees of their rights under the Conscientious Employee Protection Act (CEPA). These notices are typically required to be posted in conspicuous locations within the workplace to ensure all employees are aware of their rights and the procedures for reporting violations. Employers should consult their respective state labor departments or legal counsel to ensure compliance with specific state requirements regarding whistleblower notices.