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Whistleblower Protection Policies Labor Code California

Fox Rothschild LLP

New California Posters Available

Fox Rothschild LLP on

Many of you know that there is no rhyme or reason as to when California decides to update their many required postings. So, dear readers, we wanted to let you know that the Civil Rights Department has updated the California...more

Tonkon Torp LLP

New Whistleblower Posting Required for California Employers

Tonkon Torp LLP on

On January 1, 2025, a new whistleblowing posting requirement (AB 2299) took effect in California. The law does not change preexisting protections for California employees who act as “whistleblowers,” but, instead, imposes a...more

Nelson Mullins Riley & Scarborough LLP

New California Whistleblower Notice Requirements for Employers

While California whistleblowers have long received protection under California law, effective January 1, 2025, California employers have new notice requirements. California employers must ensure their posting is up-to-date...more

McManis Faulkner

Quiet Legislative Session Still Brings Big Changes for Employers in California

McManis Faulkner on

California’s legislative session nears its end in the next few weeks, and as usual, state legislators have introduced several bills that will surely affect employers if they become law. Although this session had fewer...more

Proskauer - California Employment Law

Whistleblower Protection Laws Do Not Apply Outside the United States

Daramola v. Oracle Am., Inc., 92 F.4th 833 (9th Cir. 2024) - Tayo Daramola is a Canadian citizen who resided in Montreal at all relevant times and who worked for Oracle Canada, a wholly owned subsidiary of Oracle...more

Faegre Drinker Biddle & Reath LLP

California Supreme Court: Whistleblower Statute Protects Employees Who Disclose Allegedly Unlawful Conduct Even When it is Already...

Recently, the California Supreme Court ruled in The People ex rel. Lilia Garcia-Brower v. Kolla’s Inc. that California’s whistleblower protection statute (Labor Code § 1102.5) protects employees who disclose unlawful conduct,...more

Perkins Coie

California Supreme Court Broadens Whistleblower Protections

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The California Supreme Court (the Court) issued a unanimous decision on May 22, 2023, in the case of People ex rel. Garcia-Brower v. Kolla’s, Inc. The ruling broadened the interpretation of “disclose” under California Labor...more

Davis Wright Tremaine LLP

California Supreme Court Finds Employee Disclosure of Already Known Unlawful Activity Protected by Whistleblower Statute

In a decision issued on May 22, 2023, the California Supreme Court sided with the state’s labor commissioner and held that the state’s whistleblower statute (Labor Code § 1102.5(b)) protects employees who disclose unlawful...more

Seyfarth Shaw LLP

Whistleblower “Disclosure” Includes Information Already Known to Employer

Seyfarth Shaw LLP on

Seyfarth Synopsis: California Labor Code section 1102.5 protects employees who disclose what they believe to be violations of the law. The Supreme Court of California has ruled that such disclosures are protected even if the...more

Foley & Lardner LLP

California High Court Defines Protected “Disclosure” Under Whistleblower Law

Foley & Lardner LLP on

In an employee-friendly opinion published Monday, May 22, 2023, the California Supreme Court held that an employee may be protected by the state’s whistleblower law, even when reporting unlawful activities that the employee...more

Proskauer - California Employment Law

California Supreme Court Expands Employee Whistleblower Protections

The California Supreme Court has held that an employee who makes a whistleblower complaint to his or her employer may bring a retaliation claim under the whistleblower statute (California Labor Code § 1102.5(b)) even if the...more

ArentFox Schiff

California Court of Appeal Confirms McDonnell-Douglas Burden Shifting Applies to Section 1278.5 Whistleblower Retaliation Claims

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In Scheer v. Regents of the University of California, the Second District Court of Appeal held that the McDonnell-Douglas burden-shifting framework applies to claims asserted pursuant to Health & Safety Code Section 1278.5....more

ArentFox Schiff

California Supreme Court Adopts Employee-Friendly Test for Whistleblower Retaliation Claims

ArentFox Schiff on

The California Supreme Court has held that the standard for assessing whistleblower retaliation claims under California Labor Code section 1102.5 is not the McDonnell Douglas test, but the more plaintiff-friendly standard...more

Perkins Coie

CA Supreme Court Clarifies Standard for Whistleblower Retaliation Claims Under Labor Code Section 1102.5

Perkins Coie on

The Supreme Court of California provided California employers with important clarification on the standard courts will apply when analyzing an employee’s whistleblower retaliation claim arising under Labor Code Section...more

Akerman LLP - HR Defense

California Supreme Court Clarifies Whistleblower Retaliation Standard

California employers can expect to see an uptick in whistleblower claims as a result of a recent California Supreme Court ruling that increases the burden on employers to prove that adverse employment actions are based on...more

Proskauer - California Employment Law

California Supreme Court Relaxes Standard Needed to Prove Whistleblower Retaliation

The California Supreme Court has resolved an inconsistency that has divided the courts as to the proper evidentiary standard necessary to prove a whistleblower retaliation claim....more

Proskauer - Whistleblower Defense

CA Supreme Court: Contributing-Factor Standard Applies to Whistleblower Retaliation Claims

On January 27, 2022, the California Supreme Court settled an inconsistency that has divided the courts of appeal with respect to the proper evidentiary standard for whistleblower retaliation claims under California Labor Code...more

Buchalter

California Labor & Employment Law Update – New Laws to Take Effect in 2021

Buchalter on

California employers operate under the most comprehensive Labor Code and legal regime in the Nation. The past year has challenged employers with unprecedented compliance during a global pandemic, which has already led to an...more

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