California Employment Law Update

Category Archives: Whistleblowers

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In a Surprise Move, California Enacts Boatload of New Pro-Employer Laws – Nah, Just Kidding, It’s Going to be More Burdensome than Ever!

By Tony Oncidi, Jonathan Slowik and Sehreen Ladak on Posted in Arbitration, Arbitration Agreements, Arbitration provision, Attorney's Fees, Breach of Contract, Cal. Lab. Code § 1102, Cal. Lab. Code § 1102.5(b), California Labor & Employment Law, California Labor Code, Collective Bargaining, COVID-19, Employee Discipline, Employment Policies, Equal Pay Act, FAA, FEHA, Harassment, New and Proposed Laws and Legislation, Non-Competition Covenants, Paid Sick Leave, Retaliation, Wage and Hour, Whistleblowers
In what has become an annual tradition, California – that fabled workers’ paradise on earth – has enacted a slew of new laws that, come January, may keep even the most hearty HR professionals up at night. As we reported earlier this year (here), the California Chamber of Commerce initially identified 11 “Job Killer Bills” … Continue Reading

Court Affirms $7.1 Million Whistleblower Verdict

By Tony Oncidi on Posted in Cal. Lab. Code § 1102.5(b), California Labor & Employment Law, California Labor Code, Court of Appeal, Employee Discipline, Retaliation, Uncategorized, Whistleblowers, Wrongful Termination
Zirpel v. Alki David Prods., Inc., 93 Cal. App. 5th 563 (2023) Karl Zirpel worked as the vice president of operations for Alki David Productions (“ADP”) before the principal of ADP, Alki David, fired him for allegedly disclosing information that Zirpel reasonably believed evidenced a violation of safety standards and for disclosing information about ADP’s … Continue Reading

July 2023 California Employment Law Notes

By Tony Oncidi on Posted in ABC Test, Cal. Lab. Code § 1102.5(b), California Division of Labor Standards Enforcement, California Labor & Employment Law, California Labor Code, California Labor Code Section 2810, California Supreme Court, Class Actions, Disability, Discrimination, Employment Law Notes, FAA, Immigration, Independent Contractors, PAGA, Retaliation, Title VII, U.S. Supreme Court, Wage and Hour, Wage Statements, Whistleblowers, Workplace Safety, Wrongful Termination
We invite you to review our newly-posted July 2023 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Enforcement of PAGA Carve Out Suggests Need For New Revisions To Arbitration Agreements PAGA Debt Not Dischargeable in Bankruptcy Distributors Not Liable For Unpaid Wages Of … Continue Reading

Statute Prohibits Employer Retaliation For Report Of Unlawful Activity Even If It’s Already Known To Employer

By Tony Oncidi on Posted in Cal. Lab. Code § 1102.5(b), California Division of Labor Standards Enforcement, California Labor & Employment Law, California Labor Code, California Supreme Court, Immigration, Retaliation, Wage Statements, Whistleblowers
People ex rel. Garcia-Brower v. Kolla’s, Inc., 14 Cal. 5th 719 (2023) 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 (Cal. Lab. Code § 1102.5(b)) even if the subject of the complaint was already known to … Continue Reading

California Supreme Court Expands Employee Whistleblower Protections

By Tony Oncidi, Wesley C. Shelton and David Gobel on Posted in California Labor & Employment Law, California Labor Code, Whistleblowers
  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 subject of the complaint was already known.  Previous case law held that an employee whistleblower complaint regarding an … Continue Reading

November 2022 California Employment Law Notes

By Tony Oncidi on Posted in Arbitration Agreements, Class Actions, Disability, Discrimination, Employment Applications, Employment Law Notes, Equal Pay Act, FCRA, FEHA, Gender discrimination, Harassment, Independent Contractors, Negligence, Reasonable Accommodation, Retaliation, Settlement, Sexual Harassment, Whistleblowers, Workers Compensation, Workplace Safety, Workplace Violence, Wrongful Termination
We invite you to review our newly-posted November 2022 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Equal Pay Act Claim Should Not Have Been Dismissed Whistleblower Claim Should Not Have Been Dismissed In Part School District Employee May Have Been Discriminated … Continue Reading

Whistleblower Claim Should Not Have Been Dismissed In Part

By Tony Oncidi on Posted in Retaliation, Whistleblowers, Wrongful Termination
Killgore v. SpecPro Prof’l Servs., LLC, 51 F.4th 973 (9th Cir. 2022) While consulting for an environmental project for the United States Army Reserve Command, Aaron Killgore believed he was being required to prepare an environmental assessment in a manner that violated federal law. Killgore was fired shortly after he reported the suspected illegality to … Continue Reading

The Ninth Circuit Adopts Broad View of Whistleblower Retaliation Claim under the California Whistleblower Protection Act

By Tony Oncidi and Michelle Lappen on Posted in California Labor & Employment Law, California Labor Code, Employee Discipline, Retaliation, Whistleblowers, Wrongful Termination
In the continuously evolving whistleblower retaliation standard we previously reported on earlier this year here and here, the Ninth Circuit has now weighed in on California Labor Code section 1102.5 in Killgore v. Specpro Pro. Serv., LLC, No. 21-15897. In holding that a consultant on an environmental project for the U.S. Army Reserve Command raised … Continue Reading

October 2022 California Employment Law Notes

By Tony Oncidi on Posted in California Labor Code, Coronavirus, COVID-19, Disability, Discrimination, Employer Liability for Worker's Actions, Employment Law Notes, Immigration, Labor Code § 132, Leaves of Absence, Liability for Employee's Actions Outside the Workplace, Off-the-clock Issues, PAGA, Reasonable Accommodation, Retaliation, Serious Health Conditions, Statute of Limitations, Whistleblowers, Workplace Violence, Wrongful Termination
We invite you to review our newly-posted October 2022 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Hollywood Producer Is Not Liable For Drowning Death Of Executive Assistant Employer May Not Inquire Into Former Employee’s Immigration Status Workers’ Comp Determination Does Not Govern … Continue Reading

Workers’ Comp Determination Does Not Govern Outcome Of Discrimination Case

By Tony Oncidi on Posted in California Labor Code, Disability, Discrimination, Labor Code § 132, Retaliation, Statute of Limitations, Whistleblowers
Kaur v. Foster Poultry Farms LLC, 2022 WL 4243090 (Cal. Ct. App. 2022) Gurdip Kaur sued her former employer, Foster Farms, for discrimination based on disability and race/national origin, retaliation and violation of the whistleblower statute (Cal. Lab. Code § 1102.5).  Prior to filing this lawsuit, Kaur filed a petition against Foster Farms with the … Continue Reading

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

By Mark Theodore and Sehreen Ladak on Posted in California Labor & Employment Law, California Labor Code, Constructive Discharge, Employee Discipline, Retaliation, Whistleblowers, Wrongful Termination
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, Inc., 12 Cal. 5th 703 (2022).  Despite the newly affirmed and extremely high burden for employers to prevail against Section 1102.5 claims … Continue Reading

May 2022 California Employment Law Notes

By Tony Oncidi on Posted in ADA, Breach of Contract, California Labor Code, Class Actions, Disability, Employment Law Notes, Immigration, Independent Contractors, Jury verdicts, Labor Code § 226, Labor Code § 925, Leaves of Absence, Meal Periods and Rest Breaks, Negligence, PAGA, Retaliation, Settlement, Verdict, Wage and Hour, Whistleblowers
We invite you to review our newly-posted May 2022 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Former UCLA Physician Can Proceed With Whistleblower Claims Former Employee Adequately Alleged Disability Under The ADA California Resident May Rely Upon Labor Code § 925 … Continue Reading

Former UCLA Physician Can Proceed With Whistleblower Claims

By Tony Oncidi on Posted in California Labor Code, Retaliation, Whistleblowers
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 others for alleged whistleblower retaliation. Dr. Scheer asserted claims under Cal. Lab. Code § 1102.5 (“Section 1102.5”), Cal. Gov’t Code § 8547, et seq., and Cal. Health … Continue Reading

March 2022 California Employment Law Notes

By Tony Oncidi on Posted in Age discrimination, Breach of Contract, California Labor & Employment Law, California Labor Code, Class Actions, Coronavirus, COVID-19, Discrimination, Employment Law Notes, Gender discrimination, Hiring, Meal Periods and Rest Breaks, Minimum Wage, Overtime, PAGA, Public Employment, Reasonable Accommodation, Retaliation, Settlement, U.S. Department of Labor, U.S. Supreme Court, Unfair Competition, Wage and Hour, Whistleblowers, Workplace Safety
We invite you to review our newly-posted March 2022 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: California Relaxes Standard For Proving Whistleblower Claims At-Will Employee Can Proceed With Labor Code § 970 Claim Doctor Proved Age/Race/Gender Discrimination Former Owner of Company Is … Continue Reading

California Relaxes Standard For Proving Whistleblower Claims

By Tony Oncidi on Posted in California Labor Code, Retaliation, Whistleblowers
Lawson v. PPG Architectural Finishes, Inc., 12 Cal. 5th 703 (2022) Plaintiff Wallen Lawson, who was discharged by his employer PPG Architectural Finishes for allegedly poor performance, brought a whistleblower claim against PPG; Lawson claimed he was terminated because he had uncovered and reported a supervisor’s scheme to “mis-tint” unpopular paint colors in order to … Continue Reading

California Supreme Court Relaxes Standard Needed to Prove Whistleblower Retaliation

By Tony Oncidi, Steven J. Pearlman, Pinchos Goldberg and Morgan Peterson on Posted in California Labor & Employment Law, Whistleblowers
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.  Lawson v. PPG Architectural Finishes, Inc., No. S266001, 2022 WL 244731 (Cal. Jan. 27, 2022). Background Plaintiff Wallen Lawson, who was discharged by his employer PPG Architectural Finishes for … Continue Reading

September 2021 California Employment Law Notes

By Tony Oncidi on Posted in Age discrimination, Anti-SLAPP, Bonus Compensation, California Labor & Employment Law, California Labor Code, Class Actions, Discrimination, FEHA, FLSA, Insurance, Jurisdiction, Meal Periods and Rest Breaks, Minimum Wage, Non-Competition Covenants, PAGA, Retaliation, Settlement, Sherman Antitrust Act, Title VII, Whistleblowers, Workers Compensation, Workplace Safety
We invite you to review our newly-posted September 2021 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Ninth Circuit Rejects “Paramour Preference” Liability Arising From Supervisor’s Affair With Another Employee $3.5 Million Emotional Distress Award Was “Shockingly Disproportionate” To Evidence Of Harm … Continue Reading

$3.5 Million Emotional Distress Award Was “Shockingly Disproportionate” To Evidence Of Harm

By Tony Oncidi on Posted in Retaliation, Whistleblowers
Briley v. City of W. Covina, 66 Cal. App. 5th 119 (2021) Jason Briley worked for the City of West Covina as a deputy fire marshal. During his employment, Briley complained that various city officials, including his former supervisor, had ignored his reports of safety issues and engaged in misconduct. The city investigated Briley’s complaints … Continue Reading

Court Upholds Whistleblower Verdicts In Favor Of Fired Parking Ticket Hearing Examiners

By Tony Oncidi on Posted in Whistleblowers
Hawkins v. City of Los Angeles, 40 Cal. App. 5th 384 (2019) Todd Hawkins and Hyung Kim were terminated from their jobs as hearing examiners at the Los Angeles Department of Transportation. Hawkins and Kim alleged they had been fired for whistleblowing on the City’s practice of pressuring parking ticket hearing examiners to change decisions … Continue Reading

Whistleblower Lawsuit Should Not Have Been Dismissed

By Tony Oncidi on Posted in California Labor & Employment Law, Employment Law Notes, Whistleblowers
Taswell v. The Regents of the Univ. of Cal., 23 Cal. App. 5th 343 (2018) Carl Taswell, M.D., alleged he was retaliated against for his whistleblowing activities regarding patient safety at the brain imaging center during his employment with the University of California, Irvine. Prior to commencing his civil action, Taswell filed an internal complaint … Continue Reading

Dodd-Frank Anti-Retaliation Protection Does Not Apply Absent Prior Notice To The SEC

By Tony Oncidi on Posted in California Labor & Employment Law, Uncategorized, Whistleblowers, Wrongful Termination
Digital Realty Trust, Inc. v. Somers, 583 U.S. ___, 2018 WL 987345 (2018) Paul Somers alleged that his former employer Digital Realty terminated his employment after he reported to senior management suspected securities-law violations by the company. Somers neither alerted the Securities and Exchange Commission (“SEC”) of his concerns prior to his termination nor did … Continue Reading

Whistleblower’s Claim Should Not Have Been Dismissed

By Tony Oncidi on Posted in California Labor & Employment Law, Retaliation, Whistleblowers
Levi v. Regents of the Univ. of Cal., 15 Cal. App. 5th 892 (2017) Dr. Leah Levi, a neuro-ophthalmologist, alleged retaliation under California’s Whistleblower Protection Act (“CWPA”) against the University, her former employer. Dr. Levi alleged that her supervisor (Dr. Robert Weinreb) had a conflict of interest related to his wife’s position in the department … Continue Reading

Anti-Retaliation Provisions of Sarbanes-Oxley Act Apply Even If No Disclosure To SEC

By Tony Oncidi on Posted in California Labor & Employment Law, FCA, Retaliation, Whistleblowers
Somers v. Digital Realty Trust, Inc., 850 F.3d 1045 (9th Cir. 2017) Paul Somers, who was formerly employed as a vice president of Digital Realty, alleged that he was fired after he made several reports to senior management regarding possible securities law violations. Somers did not report his concerns to the SEC. Somers sued Digital … Continue Reading

Employee’s Qui Tam Fraud Claims Should Not Have Been Dismissed

By Tony Oncidi on Posted in Employment Contracts, FCA, Whistleblowers
United States ex rel. Mateski v. Raytheon, 816 F.3d 565 (9th Cir. 2016) Steven Mateski worked as an engineer at Raytheon. Mateski filed a complaint in federal court alleging that Raytheon had violated the False Claims Act (“FCA”) by failing to comply with numerous contractual requirements in developing a project for the government, fraudulently covering … Continue Reading
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