Catherine Blakespear
- Democratic
- Senator
- District 38
Author
Existing law authorizes any employer, whose employee has suffered unlawful violence or a credible threat of violence from any individual that can reasonably be construed to be carried out or to have been carried out at the workplace, to seek a temporary restraining order and an injunction on behalf of the employee and other employees of the employer. Existing law requires an employer seeking a temporary restraining order to show reasonable proof that an employee has suffered unlawful violence or a credible threat of violence and that a great or irreparable harm would result to an employee if the order is not issued. Existing law prohibits issuing such an order to the extent that the order would prohibit constitutionally protected speech, specified activities related to dispute resolution between employers and employee organizations, or other law. This bill would additionally authorize any employer whose employee has suffered harassment, as defined, to seek a temporary restraining order and an injunction on behalf of the employee and other employees upon a showing of clear and convincing evidence that an employee has suffered harassment, that great or irreparable harm would result to an employee, and that the respondent's course of conduct served no legitimate purpose. The bill would also require an employer seeking such a temporary restraining order to provide the employee whose protection is sought the opportunity to decline to be named in the order, before the filing of the petition. The bill would expressly prohibit a court from issuing such an order to the extent that the order would prohibit speech or activities protected by the federal National Labor Relations Act or specified provisions of law governing the communications of exclusive representatives of public employees. This bill's provisions would become operative on January 1, 2025. This bill would incorporate additional changes to Section 527.8 of the Code of Civil Procedure proposed by SB 553 to be operative only if this bill and SB 553 are enacted and this bill is enacted last.
Chaptered by Secretary of State. Chapter 286, Statutes of 2023.
Approved by the Governor.
Enrolled and presented to the Governor at 4 p.m.
Read third time. Passed. (Ayes 80. Noes 0. Page 3522.) Ordered to the Senate.
Assembly amendments concurred in. (Ayes 40. Noes 0. Page 2828.) Ordered to engrossing and enrolling.
In Senate. Concurrence in Assembly amendments pending.
Ordered to third reading.
Read third time and amended.
Action rescinded whereby the bill was read third time, passed, and ordered to the Senate.
Ordered to third reading.
Read third time. Passed. (Ayes 70. Noes 0. Page 2886.) Ordered to the Senate.
Ordered to third reading.
Action rescinded whereby the bill was read third time, passed, and ordered to the Senate.
In Assembly. Held at Desk.
Ordered to the Assembly.
Read third time. Passed. (Ayes 69. Noes 0. Page 2541.) Ordered to the Senate.
In Senate. Concurrence in Assembly amendments pending.
Read second time. Ordered to consent calendar.
From committee: Do pass. Ordered to consent calendar. (Ayes 11. Noes 0.) (June 27).
From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.
In Assembly. Read first time. Held at Desk.
Read third time. Passed. (Ayes 40. Noes 0. Page 1364.) Ordered to the Assembly.
Ordered to special consent calendar.
Read second time. Ordered to third reading.
Read second time and amended. Ordered to second reading.
From committee: Do pass as amended. (Ayes 7. Noes 0. Page 1170.) (May 18).
Set for hearing May 18.
April 24 hearing: Placed on APPR suspense file.
Set for hearing April 24.
Read second time and amended. Re-referred to Com. on APPR.
From committee: Do pass as amended and re-refer to Com. on APPR with recommendation: To consent calendar. (Ayes 9. Noes 0. Page 577.) (March 28).
From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.
Set for hearing March 28.
From printer. May be acted upon on or after March 16.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB428 | HTML |
| 02/13/23 - Introduced | |
| 03/20/23 - Amended Senate | |
| 04/11/23 - Amended Senate | |
| 05/18/23 - Amended Senate | |
| 06/22/23 - Amended Assembly | |
| 09/08/23 - Amended Assembly | |
| 09/18/23 - Enrolled | |
| 09/30/23 - Chaptered |
| Document | Format |
|---|---|
| 03/24/23- Senate Judiciary | |
| 04/21/23- Senate Appropriations | |
| 05/18/23- Senate Appropriations | |
| 05/23/23- Sen. Floor Analyses | |
| 06/27/23- Assembly Judiciary | |
| 08/30/23- ASSEMBLY FLOOR ANALYSIS | |
| 09/08/23- ASSEMBLY FLOOR ANALYSIS | |
| 09/14/23- Sen. Floor Analyses |
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