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Bill

Bill

AB 340

Employer-employee relations: confidential communications.

2025-2026 Regular Session Introduced by Patrick Ahrens

AB 340 creates a new legal privilege protecting confidential employer-employee communications from disclosure in lawsuits, potentially limiting workers' access to evidence in employment disputes.

In committee: Held under submission.
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Bill Summary · AB 340

Legislative bill overview

AB 340 modifies California law to protect confidential communications between employers and employees from disclosure in legal proceedings. The bill establishes a new privilege that shields certain employer-employee communications from being used as evidence in court, similar to existing attorney-client or doctor-patient privileges.

Why is this important

This bill would fundamentally alter the landscape of workplace litigation and employment disputes by limiting what evidence plaintiffs and prosecutors can use to prove employment violations, discrimination, or misconduct. It directly impacts the ability of workers to obtain documents and testimony needed to pursue wage claims, harassment cases, or wrongful termination suits.

Potential points of contention

  • Worker protection concerns: Labor advocates argue this privilege could shield evidence of wage theft, discrimination, harassment, or safety violations from discovery, making it harder for employees to prove illegal conduct
  • Scope and definition ambiguity: The bill's language around what qualifies as "confidential" workplace communication and which conversations are covered remains contested—overly broad definitions could protect conversations that should be discoverable
  • Access to justice implications: Legal experts debate whether this privilege unfairly advantages employers in disputes by limiting workers' access to internal communications and documents needed to support their claims

Compiled from official sources — confirm details with the bill’s official record.

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