Business owners in the construction industry should be aware that as of January 1, 2025, California business owners with 25 or more employees must comply with new requirements under Assembly Bill (“AB”) 2499. This law broadens protections for workers impacted by violence – either directly or through a family member – and introduces new compliance obligations for business owners.
AB 2499 incorporates and expands upon protections that previously existed under Labor Code sections 230 and 230.1, which addressed time off for victims of crime or abuse. However, those protections now fall under the California Fair Employment and Housing Act (FEHA), meaning violations are treated as unlawful employment practices—and are enforceable by the Civil Rights Department (CRD). This change exposes employers to greater liability for noncompliance.
Key Changes from Previous Law
Previously, under the labor code, employees were protected when taking time off for certain legal or medical reasons related to crime or abuse.
AB 2499 broadens these protections and introduces a new standard: employees are protected if they or a family member experience a “qualifying act of violence.”
Under AB 2499, a “qualifying act of violence” includes:
- Domestic violence
- Sexual assault
- Stalking
- Any act, conduct, or pattern of conduct involving one of the following:
- Causing bodily injury or death to another person;
- Exhibiting, brandishing, or using a firearm or other dangerous weapon toward another person; or
- Using or threatening to use force to cause physical injury or death.
These protections apply regardless of whether there is a police report, an arrest, or a conviction.
Business owners need to be aware that under AB 2499, employees have broader protection if they experience a “qualifying act of violence” of if they have a family member that experiences a “qualifying act of violence” when the employer has actual knowledge of the family member’s status as a victim of a “qualifying act of violence.” A family member includes: an employee’s “child, parent, grandparent, grandchild, sibling, spouse, domestic partner, or a designated person.”
Protected Time Off
AB 2499 gives employees the right to take protected time off for violence-related reasons, such as:
- Seeking medical or mental health treatment;
- Attending court hearings or cooperating with law enforcement;
- Accessing counseling or victim services; or
- Taking steps to ensure safety, such as relocating or getting a restraining order.
An employee who is a victim may take up to 12 weeks of protected leave. An employee with a family member who is a victim may take up to 10 days to provide support to the family member. Paid sick leave may also be used for these purposes. If the employee is eligible for leave under the Family Medical Leave Act (“FMLA”) or California Family Rights Act (“CFRA”), that leave runs concurrently with AB 2499 leave.
Reasonable Accommodations
Business owners in the construction field should know that AB 2499 also expands the requirement for “reasonable accommodations” in the workplace.
Employers may now need to adjust an employee’s work conditions—such as changes in shift schedules, job duties, work contact information, allowing employees to carry their phone at work, or implementing on-site safety measures— in response to an employee or their family member experiencing a qualifying act of violence.
Notice Requirements
Employees should give advance notice before taking leave for violence-related reasons unless that’s not possible. If an unscheduled absence occurs, the employer should request supporting documentation from the employee. Examples of documentation sufficient to certify the need for absence or a reasonable accommodation are:
- A police report;
- A court order or notice of a court appearance;
- A statement from a doctor, counselor, or victim advocate; or
- A written statement from the employee or someone acting on their behalf, certifying that the absence/accommodation is needed for purposes related to a qualifying act of violence.
Employers may request recertification of the employee’s status every six months and must keep all documentation confidential. Employers are prohibited from terminating, discriminating, or retaliating against an employee because of their status or a family member’s status as a victim of violence.
Employers must also notify employees of their rights under AB 2499:
- At the time of hire;
- Once per year;
- Upon employee request; and
- Whenever an employee discloses that they or a family member is a victim of violence.
The CRD will issue a standardized notice form by July 1, 2025, which employers may use to meet this obligation. The notice requirement is not enforceable until the CRD publishes the form.
Final Takeaway for Construction Employers
AB 2499 marks a significant shift in the responsibilities of California employers when it comes to supporting employees affected by violence. Construction businesses—where jobsite safety and consistent staffing are essential—should begin reviewing internal policies now to ensure compliance.
Michael Garcia is an attorney with Dunn DeSantis Walt & Kendrick. Garcia’s practice is in civil litigation with a focus on representation of businesses and business owners, particularly in employment law.
Dunn DeSantis Walt & Kendrick provides a broad spectrum of legal services to businesses of all sizes, from small, local start-ups and non-profits to large, national companies. DDWK’s real estate development and construction practice includes representing all segments of the development and construction industries on both private and public projects.
You can find additional information and resources related to helping business owners and their businesses on the DDWK website.