California employers are no strangers to workplace investigations. For example, the Fair Employment and Housing Act (FEHA), which protects employees from harassment, discrimination and retaliation in the workplace, imposes an obligation on employers to conduct timely, thorough, and impartial investigations when complaints of discrimination, harassment, or retaliation arise. The public policy behind this mandate, in part, is to afford employers an opportunity to identify and correct certain behavior in the workplace before it rises to the level of a violation of FEHA. A properly done investigation can help minimize liability for employers and serve to protect employees from unlawful conduct and employment actions. In short, effective investigations serve the interests of both the employer and the employee.

This year, the California Legislature expanded the scope of alleged misconduct against employees that employers are obligated to investigate. Senate Bill 553 illustrates California’s attempt to be proactive about workplace violence prevention. SB 553 was implemented to help protect employees from violence in the workplace. A cornerstone of the new law is an emphasis on investigating allegations of violence, and taking action in response to incidents investigated. SB 553, which goes into effect on July 1, 2024, requires employers to establish, implement, and maintain a workplace violence prevention plan. Employers are required, among other things, to include procedures for investigating threats of violence, or actual violence, against any employee. Plans must also include procedures for reporting findings of investigations to affected employees, and procedures for identifying what corrective actions an employer took in response to the findings of an investigation. The new law, codified at Labor Code Section 6401.9, also mandates that employers maintain records of investigations for a minimum of five years.