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Labor Code Anti-Retaliation Provisions

Perkins Coie

LA Fires: Employer Considerations in Light of the Disaster

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Companies with California operations affected by the continued devastation of the fires in the Los Angeles area should keep in mind applicable employment laws when responding to this natural disaster....more

K&L Gates LLP

The Essentials—California Employment Law Update for 2025

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In the October edition of The Essentials, we summarize key provisions of California employment laws that took effect in 2024 and those that will take effect in 2025. Where our team previously published alerts on a particular...more

CDF Labor Law LLP

Captive Audience Meetings Now Banned By State Law in California 

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Last Friday, Governor Newsom signed SB 399 – The California Worker Freedom from Employer Intimidation Act into law.   SB 399, which will take effect on January 1, 2025, prohibits private and public employers in...more

Fisher Phillips

New Law Reframes Victim-of-Violence Leave in California: 8 Key Takeaways for Employers

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California Governor Gavin Newsom signed a bill into law yesterday that will reframe and expand existing workplace protections for employees who are victims of crime or abuse. The new law redefines who is entitled to...more

McManis Faulkner

Be Prepared: New Employment Laws in California (2024)

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With a new year come new laws. Below are five employment laws that will take effect in California in 2024. Paid Sick Leave Increases Effective January 1, 2024, Assembly Bill (“AB”) 616 will, require employers to provide at...more

Davis Wright Tremaine LLP

California Mandatory Paid Sick Leave Increased to 5 Days per Year in 2024

This week, California Gov. Newsom signed Senate Bill 616, which increases the amount of Paid Sick Leave ("PSL") that employers are required to provide to California employees. The new PSL law amends California Labor Code...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

CDF Labor Law LLP

California Supreme Court Broadens Whistleblower Protection for Employees

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California Labor Code Section 1102.5(b) prohibits employers from retaliating against “whistleblowing” employees for disclosing information about suspected violations of law to a person with authority over the employee or...more

Proskauer - California Employment Law

Despite Employee-Friendly Test, California Court of Appeal Finds in Favor of Employer in Whistleblower Retaliation Claim

As we reported here, earlier this year, the California Supreme Court confirmed a relaxed standard by which employees can prove whistleblower retaliation under Labor Code section 1102.5 in Lawson v. PPG Architectural Finishes,...more

Proskauer Rose LLP

California Employment Law Notes - May 2022

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Former UCLA Physician Can Proceed With Whistleblower Claims - Scheer v. The Regents of the Univ. of Cal., 76 Cal. App. 5th 904 (2022) - Arnold Scheer, M.D., M.P.H., sued the Regents of the University of California and...more

Payne & Fears

Key California Employment Law Cases: January & February 2022

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Lawson v. PPG Architectural Finishes, Inc., 12 Cal. 5th 703 (2022) - Summary: Labor Code section 1102.6, not McDonnell Douglas, provides the standard for evaluating whistleblower retaliation claims under Labor Code...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

Morgan Lewis

California Supreme Court Clarifies Evidentiary Standard for Whistleblower Retaliation Claims

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The Supreme Court of California, in response to a question certified to it by the US Court of Appeals for the Ninth Circuit, clarified on January 27 in a unanimous opinion that California Labor Code Section 1102.6 provides...more

Jackson Lewis P.C.

California Supreme Court Resolves Confusion Regarding the Burden Shifting Standard for Whistleblower Retaliation Claims

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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...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Reasonable Expansion? New York Passes Additional Whistleblower Retaliation Law

On October 28, 2021, New York Governor Kathy Hochul signed into law Senate Bill S4394A, which amends section 740 of the New York Labor Law (NYLL) to enhance protections for private-sector employees who allege retaliation for...more

CDF Labor Law LLP

EMPLOYERS BEWARE: California Labor Commissioner Issues ‘Retaliation’ Fine After Employee Complaints about COVID Safety Measures

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California’s Labor Commissioner issued a $125,913 fine against a McDonald’s franchisee for retaliating against its former employee who allegedly complained about COVID safety issues before being terminated.  The Labor...more

International Lawyers Network

Sexual Harassment In The Workplace: What French Companies Need To Know

What constitutes sexual harassment? Sexual harassment is defined as any form of unwanted verbal, non-verbal or physical conduct of a sexual nature with the purpose or effect of violating the dignity of a person, in...more

K&L Gates LLP

Working Wise: Tips and Common Mistakes to Avoid for Employers in California

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In this episode of the Working Wise Podcast Series, K&L Gates Los Angeles Associate Saman Rejali provides an overview of tips and common mistakes to avoid for employers doing business in California....more

Jackson Lewis P.C.

SB 306 Expands Labor Commissioner’s Powers To Enforce Anti-Retaliation Laws

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Effective January 1, 2018, Senate Bill 306 amends Labor Code § 98.7 and adds Labor Code §§ 98.74, 1102.61 and 1102.62 to provide the Division of Labor Standards Enforcement (“DLSE”) with expanded authority to enforce the...more

Ervin Cohen & Jessup LLP

New Law Extends Retaliation Protections to Family Members

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Assembly Bill 1509 amends sections 98.6, 1102.5, and 6310 of the California Labor Code by extending certain retaliatory protections afforded to employees to their family members who work for the same employer. Under existing...more

Fenwick & West LLP

Fenwick Employment Brief

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Legislative Update - Governor Brown recently signed into state law the following employment law bills (among others): SB 358—Referred to as the California Fair Pay Act, this law is directed at closing the pay...more

Perkins Coie

California Enacts Toughest Equal Pay Law in the Country

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Governor Jerry Brown signed the California Fair Pay Act (Fair Pay Act or the Act) last week. The law, which has been described as the toughest equal pay law in the country, strengthens protections that have been in place...more

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