California AB 2299 & The New Whistleblower Posting Requirement

 

 

 

 

 

 

 

 

 

California employment laws are constantly changing, and AB 2299 is one of the latest additions to the ever-growing list of compliance obligations. This new law, signed by Governor Newsom in July 2024, introduces stricter whistleblower protection measures. Specifically, it requires all employers to post a state-issued notice informing employees of their rights under whistleblower laws. While the change may seem minor, failure to comply could lead to enforcement actions.

For small business owners already buried in regulatory paperwork, this means another mandatory update to workplace postings. The good news? The Labor Commissioner has provided a model notice that employers can use to meet the new requirement.

What AB 2299 Changes

AB 2299 adds two sections to the California Labor Code—98.11 and 1102.8. The most direct impact on employers comes from Section 1102.8, which requires every California business to post a notice detailing whistleblower protections in a conspicuous location. The lettering must be at least 14-point font, and the notice must include the California Attorney General’s Whistleblower Hotline: 1-800-952-5225.

To make compliance easier, Section 98.11 directs the California Labor Commissioner to create a standardized whistleblower rights notice. The model notice is now available on the Labor Commissioner’s website, and any employer that posts it in the workplace is automatically deemed in compliance with the new requirement.

How Employers Should Respond

For businesses, compliance is straightforward—print and post the state-provided notice where employees can easily see it. This should be done immediately to avoid potential fines or penalties.

Here’s what employers should do next:

  • Download the official whistleblower notice from the Labor Commissioner’s website.
  • Print it in at least 14-point font and ensure the text is legible.
  • Post it in a visible location where other required workplace notices are displayed.
  • Ensure remote employees have access by providing a digital copy or including it in employee handbooks.

While AB 2299 doesn’t introduce new whistleblower protections, it does reinforce the state’s stance on transparency and employer accountability. Small businesses should take this as a reminder to review internal policies on whistleblower retaliation and employee reporting procedures.

Compliance Deadline and Final Steps

The model notice is already available, which means compliance is easy and there is no reason to delay. For help with trickier compliance issues, give Integrated General Counsel a call at (925) 399-1529 to receive tailored legal support for your business.

 

Integrated General Counsel