News & Analysis as of

Retaliation State Labor Laws Whistleblowers

Rumberger | Kirk

A Blow to Whistleblowers: No More Pain and Suffering Damages

Rumberger | Kirk on

On February 26, 2025, in the lawsuit Agency for Persons with Disabilities v. Toal, the First District Court of Appeal held that noneconomic damages are not a form of relief that can be recovered under Florida’s Public-sector...more

Vedder Price

Expanded Employee Whistleblower Protections Are in Effect in Illinois

Vedder Price on

Changes to the Illinois Whistleblower Act (“IWA”), 740 ILCS 174/1 et seq., took effect on January 1, 2025. The amended IWA broadens the scope of protected employee activity to include an employee’s internal report of (threat...more

Littler

Everything You Always Wanted to Know About Woody Allen’s Former Private Chef’s USERRA Lawsuit* (*but were afraid to ask)

Littler on

In December 2024, a U.S. Army Reservist and professional chef filed a lawsuit against filmmaker Woody Allen, his wife, Soon-Yi Previn, and their house manager, alleging that he was fired due to his complaints of improper...more

Buchalter

New Year, New Rules: Turning Up the Heat on California’s 2025 Employment Law Changes

Buchalter on

As the new year approaches, several critical legislative changes in employment law will take effect on January 1, 2025, unless specified otherwise. California employers face a dynamic regulatory landscape in 2025, with...more

Ervin Cohen & Jessup LLP

California Expands Protections for Employee Conduct

Ervin Cohen & Jessup LLP on

Employee claims of retaliation in the workplace have been on an upward trend since the California Legislature amended Labor Code section 1102.5 to include protections for whistleblower complaints made directly to a person...more

Fisher Phillips

Workplace Law Update: 10 Essential Items on Your November To-Do List

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan...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

Venable LLP

The California Supreme Court Clarifies Employee Whistleblower Protections

Venable LLP on

Can an employee still be protected as a whistleblower under California law if they are not the first to blow the same whistle? Per the California Supreme Court, the answer is yes: “[A] protected disclosure under [Labor Code]...more

Morgan Lewis

California Supreme Court Expands Scope of Whistleblower Protections

Morgan Lewis on

The California Supreme Court issued its unanimous decision on May 22, 2023 in People ex rel. Garcia-Brower v. Kolla’s, Inc., which expanded the definition of “disclose” under California Labor Code Section 1102.5. The court...more

Morrison & Foerster LLP - Left Coast Appeals

This Week At The Ninth: Robocalls and Retaliation

This week, the Court addresses the constitutionality of a nearly $1 billion statutory damages award under the Telephone Consumer Protection Act (TCPA) and revives a California state law whistleblower claim. The Court...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 - Law and the Workplace

7th Cir. Affirms Summary Judgment On Illinois Whistleblower Act and Illinois Jury Act Retaliation Claims

On April 14, 2022, the Seventh Circuit affirmed the entry of summary judgment on claims under the Illinois Whistleblower Act and Illinois Jury Act, concluding that the plaintiff was not terminated for engaging in protected...more

Payne & Fears

Key California Employment Law Cases: January & February 2022

Payne & Fears on

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

Troutman Pepper Locke

New York Expands Whistleblower Protections Under Section 740 of the Labor Law

Troutman Pepper Locke on

Q. As a New York employer, what do I need to know about the amendments to New York’s Labor Law regarding whistleblowers? ...more

Epstein Becker & Green

#WorkforceWednesday: Whistleblower Regulations Increasing, #MeToo Bill Passes, Cyberfraud Risk Mitigation - Employment Law This...

Epstein Becker & Green on

This week, we focus on new developments increasing whistleblower protections across the country and prohibiting mandatory arbitration of sexual assault and harassment claims. Increased Whistleblowing Regulations in New...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

Proskauer - Law and the Workplace

New York Department of Labor Issues Required Posting for Expanded Whistleblower Protection Law

The New York State Department of Labor (NYSDOL) has issued a form of required notice regarding the dramatically expanded whistleblower protections under New York Labor Law § 740 that took effect last month....more

BakerHostetler

California Supreme Court Significantly Relaxes Employee Burden to Prevail on Section 1102.5 Claims

BakerHostetler on

On Jan. 27, 2022, the Supreme Court of California issued Lawson v. PPG Architectural Finishes, Inc., No. S266001, ___ Cal. 5th ____, a decision that decisively changed the burden for employers in defending against claims...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

Epstein Becker & Green

#WorkforceWednesday: CA Whistleblower Retaliation Cases, NYC Pay Transparency Law, Biden’s Labor Agenda - Employment Law This...

This week, we’re recapping major items shifting at the state, local, and federal levels, including whistleblower retaliation case law, pay transparency rules, and federal labor policies. California Supreme Court Specifies...more

Akerman LLP - HR Defense

Sweeping Expansions to New York’s Whistleblower Protections Take Effect

New York employers, take heed: sweeping expansions to New York Labor Law (NYLL) Section 740 have fundamentally redefined the protections afforded to whistleblowers within the state. The revised law took effect on January 26,...more

Stokes Wagner

California Supreme Court Heightens Employers’ Burden for Defending Whistleblower Claims

Stokes Wagner on

The California Supreme Court set a new, more employee-friendly, evidentiary standard for whistleblower retaliation claims. In Lawson v. PPG Architectural Finishes, Inc., the Court held Labor Code section 1102.6, not the...more

McDermott Will & Emery

California Supreme Court Decision Places Higher Burden on California Employers in Whistleblowing Retaliation Claims

On January 27, 2022, the California Supreme Court provided clarification in Lawson v. PPG Architectural Finishes, Inc. to lower courts reviewing whistleblower retaliation claims. In what it calls an “unsurprising” decision,...more

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