Quick Hits
- A California law taking effect on January 1, 2027, will allow employers to obtain TROs covering conduct directed against a workplace or employees generally, broadening the existing law that only allowed employers to apply on behalf of specific employees who suffered a credible threat of violence.
- The new law allows employers to seek TROs on behalf of a “reasonably identifiable group or class of employees” without being required to “name any individual employee as a protected party.”
Assembly Bill (AB) No. 1961, which Governor Gavin Newsom signed into law on September 30, 2026, expands California Code of Civil Procedure Section 527.8 to allow businesses to seek a TRO applying to the workplace and to a reasonably specified group or class of employees without having to name a specific employee as a protected party.
The law will provide employers with a tool to protect the workplace from individuals who subject them to a credible threat of violence without having to be specifically named as a protected person as part of the petition.
Understanding AB 1961
California Code of Civil Procedure Section 527.8 currently allows employers to seek temporary restraining orders to protect identified employees from individuals who have made credible threats of violence, or engaged in harassment. The law enables employers to file a petition for a temporary restraining order and order to protect specifically named employes at their homes, workplaces, and other applicable locations.
However, this remedy to safeguard employees required employers to specifically identify the protected employees in their petition who had been the targets of a credible threat of violence or harassment.
AB 1961 will expand the law to allow employers to seek restraining orders in situations where an individual has directed a credible threat of violence at a worksite or employees generally. According to the legislative history, the law is designed to address a critical gap in current workplace safety laws given the rise in threats directed at entire workplaces, especially schools, without naming any individual. Supporters of AB 1961 have noted that the bill will help address this problem by changing the definition of “Employee” to include a group of employees based on their employer’s worksite or where their primary job duties are performed.
Specifically, AB 1961 amends Code of Civil Procedure 527.8 to allow an employer to seek a temporary restraining order on behalf of a reasonably identifiable group or class of employees if the threat of violence is directed at the employer’s workplace or employees generally. The law notes that where an employer seeks a temporary restraining order on behalf of a group or class of employees, the employer “shall not be required to name any individual protected employee as a protected party.”
Next Steps
As the effective date of January 1, 2027, approaches, employers may want to start preparing for the expanded protections under AB 1961. Preparations may include updating workplace policies, training human resources personnel and employees, and ensuring that all employees are aware of the new protections.
In the event of a complaint of a credible threat of violence directed at the workplace or at employees generally, employers may wish to explore whether a workplace violence restraining order is an appropriate remedy to address the complaint.
The law is one of several new California employment-related laws set to take effect on January 1, 2027.
Ogletree Deakins’ Workplace Violence Prevention Practice Group will continue to monitor developments and will provide updates on the California, Workplace Safety and Health, and Workplace Violence Prevention blogs.
In addition, the Ogletree Deakins Client Portal provides subscribers with timely updates on California state laws, including California’s updated Workplace Violence Prevention law. Premium-level subscribers have access to comprehensive law summaries, policies, and templates, including a California Workplace Violence Prevention Toolkit. Snapshots and Updates are complimentary for all registered client users. For more information on the Client Portal or a Client Portal subscription, please email clientportal@ogletree.com.
On October 8, 2026, Ogletree Deakins will host a webinar, “Keeping Current in California,” regarding California’s new employment laws, as well as recent court decisions and upcoming state, local, and industry changes related to minimum wage. Click here for details and registration.
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