The new year is just around the corner, and that means that employers in California need to prepare for a host of new labor and employment law obligations that go into effect on January 1, 2025. One such obligation relates to the posting of a notice informing employees of their
Articles Discussing California's Employee Whistleblower Protections.
New Whistleblower Notice and Paid Sick Leave FAQs
Updated Whistleblower Notice In an earlier post, we mentioned that the sample notice detailing whistleblower protections posted by the California Division of Labor Standards Enforcement (DLSE) contained a disclaimer stating that the DLSE “believes,” but cannot
California Labor Commissioner Publishes New Whistleblower Protection Posting
By: California Labor Commissioner Publishes New Whistleblower Protection Posting
In July 2024, Governor Newsom signed AB 2299 into law. AB 2299 enacted sections 98.11 and 1102.8 of the California Labor Code. Section 98.11 requires the California Labor Commissioner to create a model list of employees’ rights and responsibilities under the state’s whistleblower laws and put it on its website. Section 1102.8(a) requires all California employers to post the model list prominently in the workplace and to ensure that the lettering is at least 14 14-point typeface. The statute also requires that the California State Attorney General’s Whistleblower Hotline phone number be included in the posting (1-800-952-5225).
Within the last week, the California Labor Commissioner created the model document and posted it on its website, available here. All California employers should prominently display this poster where other workplace posters are displayed, and ensure that the poster typeface is at least 14-point and includes the above phone number.
California Supreme Court Extends Whistleblower Protections Again
In a unanimous opinion, the Supreme Court of California concluded that an employee’s disclosure about suspected violations of the law to the employer or a government agency is protected whistleblowing activity under California’s Labor Code, even when the disclosure relates to information already known by the employer or a government
California Supreme Court Resolves Confusion Regarding the Burden Shifting Standard for Whistleblower Retaliation Claims
Last year the California Supreme Court agreed to take up a question from the 9th Circuit regarding the evidentiary standard for whistleblower retaliation claims brought under California Labor Code section 1102.5. The California Supreme Court in Lawson v. PPG Architectural Finishes, Inc, held that Labor Code section 1102.6 “provides the
California Supreme Court Limits Right to Jury Trial on Health Care Whistleblower Claims
Executive Summary: The California Supreme Court recently held that California Health and Safety Code section 1278.5(g), which protects health care workers and medical staff from discrimination and retaliation for reporting unsafe patient care and conditions, does not provide a right to a jury trial. While claims brought directly under Section 1278.5(g) do not entitle the parties to a jury trial on that claim, this does not foreclose a jury trial on a related claim for wrongful termination in violation of public policy.
“Whistleblower” Retaliation Applies to Private Matters Unrelated to the Whistleblower’s Employment
An employer is prohibited from retaliating against an employee who makes a complaint to a government or law enforcement agency under California law.
California Healthcare Employee Not Required to Exhaust Her Administrative Remedies Before Filing a Whistleblower Claim
A California appellate court recently confirmed in Satyadi v. West Contra Costa Healthcare District that employees need not exhaust administrative remedies before pursuing most state Labor Code claims, even those accruing prior to the enactment of Labor Code § 244(a), which expressly states there is no administrative exhaustion requirement. The decision brings clarity to an area of law noted for its split of authority.
Deputy Sheriff Protected by Whistleblower Retaliation Law, California Court of Appeal Rules
The California Labor Code’s Section 1102.5(b) whistleblower protections are not limited to the first employee reporting alleged misconduct, the California Court of Appeal has ruled, affirming a judgment in favor of a deputy sheriff on his whistleblower retaliation claim. Hager v. County of Los Angeles, No. B238277 (Cal. Ct. App. Aug. 19, 2014).
Amendment to California Law Prohibiting Retaliation against Whistleblowers Who Lack Work Authorization
California Governor Jerry Brown recently signed Assembly Bill No. 2751 (AB 2751) to amend a recently-enacted law that prohibits employers from retaliating against undocumented workers who engage in protected activity.