Existing law allows an employer or an employee’s collective bargaining representative to seek a temporary restraining order and an order after hearing when an employee has suffered harassment, unlawful violence, or a credible threat of violence that can reasonably be construed to have occurred or to be carried out at the workplace. For purposes of this law, “employer” expressly includes public employers such as the state, state agencies, cities, counties, districts, joint powers authorities, public transit operators, and other public agencies.
Beginning January 1, 2028, AB 2179 will require courts to allow a party or witness to appear remotely at a hearing, and the superior court may not charge a fee for a remote appearance. Each county superior court must develop and post rules and instructions for remote appearances, and the Judicial Council must develop the necessary forms and rules by January 1, 2028.
Courts must also permit workplace violence restraining order petitions and related filings to be submitted electronically. Courts must electronically provide specified documents—including the notice of hearing and temporary restraining order, if granted—to petitioners who file electronically unless the petitioner elects to obtain those documents physically.
AB 2179 does not create a new obligation for employers to seek workplace violence restraining orders. Rather, it changes the court procedures available when an employer or collective bargaining representative chooses to seek one. Public employers should update internal workplace-violence response procedures and guidance so personnel handling restraining order petitions are aware that, beginning January 1, 2028, petitions may be filed electronically and parties and witnesses may participate remotely.
AB 2179 amends section 527.8 of the Code of Civil Procedure and section 6103.2 of the Government Code.
