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CA SB428
Bill
Status
9/30/2023
Primary Sponsor
Catherine Blakespear
Click for details
AI Summary
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Expands employer authority to seek workplace protective orders to include harassment, not just unlawful violence or credible threats of violence, effective January 1, 2025.
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Requires employers to provide employees an opportunity to decline being named in a harassment-based protective order before filing the petition.
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Establishes higher evidentiary standard for harassment cases, requiring clear and convincing evidence that the conduct served no legitimate purpose and caused substantial emotional distress.
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Explicitly prohibits courts from issuing orders that restrict speech or activities protected by the National Labor Relations Act or public employee communications laws.
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Allows collective bargaining representatives to petition for protective orders on behalf of employees, in addition to employers.
Legislative Description
Temporary restraining orders and protective orders: employee harassment.
Last Action
Chaptered by Secretary of State. Chapter 286, Statutes of 2023.
9/30/2023