California’s Workplace Restraining Order Law is Now in Effect

In September of 2023, Governor Gavin Newsom signed California Senate Bill (SB) 428  into law which officially took effect on January 1, 2025. The regulation enhanced employers’ ability to seek a temporary restraining order to protect their employees. More specifically, it allows employers to take action and get a restraining order for an employee who has been the victim of workplace harassment. Here, our Riverside County employment attorney provides a guide to the new law for employers in California.

Background: Temporary Restraining Orders 

In California, a Temporary Restraining Order (TRO) is a short-term legal order issued by a court to protect a person from immediate harm or harassment. A court will  often grant a TRO based on a sworn declaration without the other party present. A TRO will last until the court holds a full hearing, with both parties present, which can occur within two to three weeks of the date of the TRO issued.

 California Law Enhances an Employer’s Ability to Seek a TRO to Protect Employees 

California’s SB 428 enhances an employer’s ability to seek a TRO to protect its employees’  health, safety, and well-being. Here is an overview of the previous law and the new law:

• Previous Law (Pre-2025): Under the prior law, employers in California could only seek a Temporary Restraining Order (TRO) to protect their employees in cases involving actual or threatened violence in the workplace. The previous law limited employers from acting preemptively to address patterns of harassment or other non-violent behaviors that create a hostile work environment or pose a significant threat to employee well-being.
• New Law (January 1, 2025): This new law has now eliminated the limitations on employers’ ability to seek a TRO on behalf of an employee. Employers can petition for a TRO to address harassment even if the employee has not suffered actual or threatened violence in the workplace. This law also expanded the definition of “harassment” in the workplace, allowing employers to take proactive legal action to ensure a safer work environment. The term “harassment,” under the new law, includes actions such as stalking, repeated unwanted contact, or conduct that seriously alarms, annoys, or intimidates an employee and places their mental health at risk.

Employers Should Proactively Protect Employees from Workplace Harassment 

In California, employers have a legal obligation to provide a safe and respectful workplace, which includes protecting employees from harassment. With the expanded ability to seek TROs under SB 428, employers should take proactive steps to address potential risks in the workplace before they escalate. However, employers should determine on a case-by-case basis whether a situation warrants a TRO to protect its employees. Acting too quickly based upon this law’s new definition of harassment could trigger liability to the alleged harasser. A California employment lawyer can help employers decide whether it is necessary and lawful to file for a TRO in particular workplace situations.

 Contact Our Riverside County Employment Lawyer Today

At Sloat Law Group, APC, our California employment attorney is committed to helping businesses and organizations find workplace solutions. If you have any questions about the workplace restraining order law, please do not hesitate to contact us today. We work with employers in the Coachella Valley, Riverside County, and statewide.

Source: 

leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240SB428