News & Analysis as of

Whistleblower Protection Policies Whistleblowers California

Fox Rothschild LLP

New California Posters Available

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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

CDF Labor Law LLP

[Webinar] Golden Rules Gone Wrong: Top 10 Compliance Hazards for California Workplaces in 2025 - January 29th, 10:00 am - 11:00 am...

CDF Labor Law LLP on

With employment lawsuits and regulatory scrutiny on the rise, staying ahead of employment law compliance risks is critical. California employers face unique challenges as the Golden State continues to lead the nation in labor...more

Tonkon Torp LLP

New Whistleblower Posting Required for California Employers

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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

Husch Blackwell LLP

California Department of Industrial Relations Publishes New “Whistleblower” Guidance and Model Posting, Effective on January 1,...

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Beginning January 1, 2025, as a result of the passage of AB 2299, the California Labor Commissioner has been tasked with creating model notices to aid employers in complying with the current mandate of Labor Code section...more

Holland & Hart - Employers' Lawyers

California Labor and Employment Law Updates for 2025

As we move into 2025, California continues its trend of enacting progressive and comprehensive labor and employment laws. The new legislative updates span a range of critical issues, including whistleblowing, discrimination,...more

Littler

New California Whistleblower Rights Notice Posting Takes Effect January 1, 2025

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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...more

Stradling Yocca Carlson & Rauth

CA Labor Commissioner Issues New Whistleblower Notice

The California Labor Commissioner’s Office issued its new model whistleblower notice entitled “Whistleblowers Are Protected” for employers to use beginning January 1, 2025. It explains who is protected under the law; what...more

Hinshaw & Culbertson - Employment Law...

The 12 Days of California Labor and Employment Series – Day 8 "Required Whistleblower Notices"

In the spirit of the season, we are using our annual "12 Days of California Labor and Employment" blog series to address new California laws and their impact on employers. On the eighth day of the holidays, my labor and...more

Weintraub Tobin

CA Labor Commissioner Issues New Whistleblower Notice

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Under California law, employers are prohibited from making, adopting, or enforcing policies that prevent an employee from disclosing violations of a state or federal statute, or a violation or noncompliance with a local,...more

McDermott Will & Emery

US Attorney’s Office in California Announces Voluntary Self-Disclosure and Whistleblower Program for Corporate, Financial Crimes

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On August 23, 2024, the US Attorney’s Office for the Central District of California, which is the largest judicial district in the United States, announced a new Voluntary Self-Disclosure and Whistleblower Pilot Program. The...more

Fisher Phillips

California Employers Will Finally Get a Model Whistleblower Posting: Your 5-Step Action Plan

Fisher Phillips on

Thanks to a new law just signed into effect by Governor Newsom, California employers that post a soon-to-be-released notice about whistleblower protections will be deemed in compliance with state law. AB 2299, signed into...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

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - March 2024

In this issue of Employment Flash: the new DOL rule on independent contractors, SCOTUS’s unanimous Sarbanes-Oxley whistleblower ruling, plus labor law developments in California, Delaware, D.C., New York, the EU, Germany and...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

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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

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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

ArentFox Schiff on

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

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