Rancho Mesa’s Alyssa Burley and Client Technology Coordinator, Brenda Khalil, discuss the recent change to California’s workplace violence restraining order laws.

Show Notes: ⁠⁠⁠⁠Subscribe to Rancho Mesa's Newsletter⁠⁠⁠⁠

Host: ⁠⁠⁠⁠Alyssa Burley

Guest: ⁠⁠⁠⁠Brenda Khalil⁠⁠

Editor: Jadyn Brandt

Music: "Home" by JHS Pedals, “News Room News” by Spence

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Transcript

Alyssa Burley: You’re listening to Rancho Mesa’s StudioOne™ podcast, where each week we break down complex insurance and safety topics to help your business thrive.

I’m your host, Alyssa Burley, and today I’m joined by Brenda Khalil, Client Technology Coordinator with Rancho Mesa, and we’re going to discuss the recent change to California’s workplace violence restraining order laws.

Brenda, welcome to the show.

Brenda Khalil: Good morning Alyssa.

AB: Now it’s obvious that preventing workplace violence is an important part of ensuring a safe environment for all employees. And most people have probably taken a workplace violence training course at some point during their career, especially if you work in California. So, California’s Senate Bill 428 expands protections against workplace violence.

Brenda, will you explain how SB 428 will increase protections for employees?

BK: Yes, of course. So to give some context for SB 428, let me explain the existing law prior to this new change. So, before the start of this year, California law allowed employers to seek a temporary restraining order against a person who has perpetrated acts of violence in the workplace or has made credible threats of workplace violence.

And since then, SB 428 expands those protections to allow employers to seek a temporary restraining order against a person who has harassed their employee or employees, before harassment escalates to violence or threats of violence.

And, individual employees can now seek a restraining order against harassment for themselves as well.

AB: So, you’re saying this new law was expanded to include harassment, and not just acts or threats of violence?

BK: Exactly. And, the text of the bill defines harassment as, quote, “a series of acts over a period of time, however short, evidencing a continuity of purpose, including following or stalking an employee to or from the place of work; entering the workplace; following an employee during hours of employment; making telephone calls to an employee; or sending correspondence to an employee by any means, including, but not limited to, the use of the public or private mails, interoffice mail, facsimile, or computer email.”

AB: This looks like it’s designed to stop harassment from escalating into violence. So, if an employer does request a restraining order on their employee’s behalf, what happens next?

BK: Well, if an employer does request a temporary restraining order, and that order is granted by a judge, SB 428 states that the order will remain in effect for up to 21 days.

If the perpetrator of the harassment—otherwise known as the “respondent”—is also an employee of the same company that is requesting the temporary restraining order, a hearing will be held, “concerning the employers’ decision to retain, terminate, or otherwise discipline the respondent.”

And, if the respondent is determined to have been engaged in unlawful harassment, a restraining order may be issued with a duration of up to three years and the employer can request a renewal, “any time within the three months before the expiration of the order.”

AB: Okay. So are there any restrictions to the law that would prevent an employer from filing a workplace violence restraining order?

BK: Actually, yes. The law does not allow employers to seek temporary restraining orders for any behavior or speech that is “constitutionally protected, or otherwise protected by Section 527.3 or any other provision of law.” Those protected behaviors can include things like peaceful picketing or speaking publicly about a labor dispute.

AB: Now, Rancho Mesa has a number of resources that can help protect your company and employees from workplace violence. Harassment investigation training, workplace violence training, and workplace violence policies and a bunch of other related content can be accessed from our SafetyOne™ platform and the RM365 HRAdvantage™ portal.

So Brenda, if clients have any questions about this new California law, what’s the best way to get information?

BK: So if clients have specific questions about the new law, they can submit them through the HR portal or call our HR Experts directly.

And for questions about updating policies, clients can contact me at bkhalil@ranchomesa.com or call me directly at (619) 486-6562.

AB: Brenda, thank you for joining me in StudioOne™.

BK: Thanks for having me!

AB: Thanks for tuning in to our latest episode produced by StudioOne™. If you enjoyed what you heard, please share this episode and subscribe. For more insights like this, visit us at RanchoMesa.com and subscribe to our weekly newsletter.