Wiser Workplace

Key California Employment Law Changes Taking Effect in 2026

Wiser Workplace is not a law firm and does not provide legal representation. This article is general educational information about California employment law, not legal advice, and does not create an attorney-client relationship. For advice about your specific situation, consult a licensed California attorney. Employment law changes often, and this article reflects our understanding as of the date shown below; verify that it is still current before relying on it.

Wiser Workplace Editorial Team

California's employment law landscape continues to evolve. New statutes and regulatory changes taking effect in 2026 affect both employers and employees across the state. Here's what you need to know about the major changes.

The 2026 Statutes

The enacted 2026 changes, with their Labor Code, Government Code, and Business and Professions Code citations, are set out in the companion roundup, New California Employment Laws for 2026. That page is the reference; this one covers the regulatory picture below.

Changes Affecting Employers

Workplace Violence Prevention: No New Statute, but a Regulation Is Coming

Labor Code § 6401.9 has not been amended since it became operative on July 1, 2024. Anything describing 2026 amendments to it is describing something that has not happened. The obligations for 2026 are the same ones the section has carried from the start: a written plan specific to the hazards of each work area, a violent incident log, initial and annual training plus training whenever a hazard or the plan changes, and a review of the plan's effectiveness at least annually, after any incident, and whenever a deficiency becomes apparent.

What is genuinely new is regulatory rather than statutory, and it is not in force. Subdivision (h) of § 6401.9 directed the Division of Occupational Safety and Health to propose workplace violence standards by December 31, 2025 and requires the Occupational Safety and Health Standards Board to adopt them no later than December 31, 2026. Cal/OSHA posted a revised draft on April 23, 2026 which would broaden the scope to additional employers and add definitions, plan, post-incident, recordkeeping, and training requirements.

That draft is a draft. It creates no obligation now, its contents can change before adoption, and an employer planning against it is planning against a moving target. The sensible posture is to comply with § 6401.9 as written and watch the Standards Board docket, because a standard adopted in late 2026 will carry its own compliance dates. Health care facilities covered by 8 CCR § 3342 sit outside § 6401.9 entirely and are governed by that standard instead.

What Both Employers and Employees Should Watch For

Mediation and Alternative Dispute Resolution

California continues to encourage early resolution of disputes through mediation. While not mandated, employers and employees are increasingly expected to attempt good-faith resolution through mediation before escalating to formal government complaints or litigation. This shift toward mediation aligns with state policy prioritizing faster, less adversarial resolution.

Record-Keeping and Documentation

All parties should expect increased scrutiny of employment records, communications, and decision-making documentation. Both employers and employees should maintain clear records of communications, policy acknowledgments, and any incidents or concerns. This documentation is critical for both defending employer decisions and supporting employee claims.

Retaliation Awareness

Employers should make sure managers understand the existing retaliation prohibitions and maintain systems to identify and address potential retaliation. Our whistleblower protections guide sets out the statutes.

Implementation Timeline

The 2026 statutory changes carry their own effective dates, listed in the companion roundup linked above. Employers should check that handbooks, policies, and training reflect them. Employees should report concerns through appropriate channels.

For employers with questions about compliance, consultation with employment counsel is recommended. For employees, understanding your rights under these new laws helps you make informed decisions about workplace concerns.

The Bigger Picture

These changes reflect California's continued commitment to employee protections and workplace fairness. The overall trend encourages good-faith resolution of disputes before they escalate to litigation or government complaints. Both employers and employees benefit from early recognition and resolution of workplace issues.

Whether through improved policies, better communication, or early mediation, these changes underscore the importance of addressing workplace concerns promptly and fairly.

Legal Disclaimer: This article is for general informational purposes only and does not constitute legal advice. While we aim to provide accurate information about California employment law changes, employment law is complex and constantly evolving. Every situation is unique. This platform does not provide legal advice or create an attorney-client relationship. About the legal citations on this page. Statutory and case citations are given so you can find and read the underlying law yourself, and they are offered for reference only. Verify any citation you intend to rely on against the official source: leginfo.legislature.ca.gov for California statutes, and the official reporters or the courts' own published opinions for cases. Codes are amended and cases are reviewed, depublished, or distinguished, so a citation that was accurate when this page was written may not be current. A summary of a provision is never a substitute for its text, and nothing here should be relied on without independent verification.