New California law expands protections for public transit workers

Assaults on transit workers in the U.S. are on the rise. The Federal Transit Administration reported a 232% increase in assaults against transit operators from 2014 to 2024. Recognizing the severity of this trend, the California Legislature has taken action to address and mitigate the problem. 

On Oct. 1, 2025, California Gov. Gavin Newsom signed Assembly Bill (AB) 394 into law, marking a significant expansion of protections for transit workers against violence in the workplace. AB 394 brought previously excluded categories of public transit employees and contractors under its protection, and it expanded the definition of “unlawful violence” to include battery against transit employees for the purpose of obtaining a Workplace Violence Restraining Order (WVRO). With its emphasis on employee safety, AB 394 both expands mechanisms for transit agencies in California to protect their employees and provides a blueprint that other states can replicate.  

Background: Existing laws protecting transit employees from workplace violence 

California has numerous laws designed to protect public transit employees against workplace violence. For instance, California Penal Code section 243.3 imposes fines and/or imprisonment for battery against operators, drivers and passengers of various modes of transportation, including buses and trains. Separately, California Code of Civil Procedure (CCP) section 527.8 allows employers to seek restraining orders to protect employees who have suffered harassment, unlawful violence or a credible threat of violence.  

Under CCP 527.8, the court has discretion to extend a WVRO to cover other employees harassed by the same person, even if they work at distinct locations. This ability to protect multiple employees at once is significant because requiring each affected employee to file separate petitions against the same individual can be prohibitively expensive and time consuming.  

Despite the existence of these laws, proponents of AB 394 recognized that certain clarifications, as well as additional protections, were needed to deter violence against transit workers. Specifically, penal code section 243.3 covered only specific transit roles, like operators, drivers and passengers, while excluding essential positions like janitors and fare collectors who also interact with the public and warrant protection. Additionally, CCP section 527.8’s definition of “unlawful violence” for the purpose of obtaining a WVRO broadly covered assault, battery and stalking but did not expressly refer to penal code section 243.3, which applies specifically to battery against transit workers. This created a lack of clarity in the law with regard to whether the transit official battery statute applied to WVRO proceedings.   

How AB 394 changes existing law  

AB 394 strengthens and expands the protections afforded by the existing workplace violence laws. First, it clarifies that joint powers authorities and public transit operators may seek WVROs pursuant to CCP section 527.8. Second, it expands penal code section 243.3 beyond a transit operator, driver or passenger to cover additional categories of transit workers. Now, a person who commits battery against a public transportation provider or against an employee or contractor of a public transportation provider can be punished by a fine of up to $10,000 and/or imprisonment for up to three years. Finally, AB 394 expressly incorporates penal code section 243.3 into the definition of unlawful violence under CCP section 527.8. This unification of the WVRO statute (CCP § 527.8) and the penal code makes clear that battery against a transit worker establishes grounds for a WVRO.  

Key takeaways for California’s public transit agencies 

California’s public transit workers face escalating threats of violence and harassment. Existing laws lacked clarity and provided limited protections. AB 394 addresses these shortcomings by broadening legal protections to all transit workers, explicitly authorizing joint powers authorities and public transit operators to seek WVROs on behalf of their employees and expanding the criminal penalties that apply to a person who commits battery against a transit worker.  

As Assemblymember Lori Wilson (D-Suisun City), the bill’s sponsor, put it, “By enhancing safety measures, AB 394 ensures a safer and more welcoming environment for the millions of Californians who rely on public transit—many of whom are from low-income and communities of color. This bill not only improves safety and equity within our transit systems, but also contributes to maintaining public confidence, boosting ridership and supporting a resilient public transportation network for all.”  

Building the blueprint for other states 

While AB 394 is one of California’s solutions, the escalation of violence against transit workers is a problem shared from coast to coast. For example, employees of the New York City Metropolitan Transportation Authority experienced assaults every 1.4 days in 2022, up from once every three days in 2008. In evaluating this systemic issue, states looking to provide increased protections to transit workers can follow California’s lead in expanding the scope of WVROs to cover multiple employees and filling gaps in existing law where vulnerable positions are not included in the category of protected workers. Importantly, advocates for legislation of this kind must utilize inclusive language to ensure that all transit employees are under the umbrella of protection, not just operators and drivers.  

It’s also important to make explicit in the law what constitutes unlawful conduct to support a WVRO and to apply elevated penalties to such conduct committed against transit workers specifically. As transit employees continue to face increasing threats of violence, it is important for transit operators nationally to support legislative solutions to broaden and strengthen the laws intended to protect public transit workers, with the goal of prioritizing public transit and the safety of transit agency employees across the country.