California Eases Employers’ Ability To Obtain Restraining Orders Against Workplace Harassment

Topics: New Laws & Legislation, Personnel Policies and Procedures

California was at the forefront of providing employers standing to seek injunctive relief to protect employees, customers, and vendors against credible threats of violence in the workplace under California Code of Civil Procedure section 527.8. 

Effective January 1, 2025, SB 428 provides a more straightforward method for employers to guard against a broader threat range. The new law expands protection to situations where “knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, or harasses the person, and that serves no legitimate purpose.” And, the misconduct causes substantial emotional distress. Now, employers need not wait until harassing behavior escalates to violence or a credible threat of violence. 

The California Legislature expanded the law in response to growing concerns over workplace harassment that did not necessarily involve credible threats of violence or actual violence but created stressful and unsafe working conditions for employees. Advocates emphasized that such harassment is often just as damaging as physical threats, leading to decreased employee productivity and workplace morale. SB 428 helps employers ensure safer environments for employees.

Additionally, employees have the right to remain anonymous. Some courts, historically, declined to issue a TRO if the TRO infringed on protected speech, activities under the National Labor Relations Act (NLRA) or other applicable laws. 

Employers should consider updating their workplace policies and conducting additional training to reflect these new protections and ensure that employees are informed about the expanded measures against harassment. If an employee reports harassment, employers may assess whether obtaining a workplace violence restraining order is an appropriate course of action. If you are an employer facing potential workplace violence issues or harassment concerns, contact the author or your favorite CDF attorney to guide you through the process.