We invite you to review our newly-posted January 2024 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include:
Whistleblowers
Trial Court Gave Erroneous Jury Instructions In Whistleblower Case
Garrabrants v. Erhart, 2023 WL 9016436 (Cal. Ct. App. 2023)
Charles Matthew Erhart was an internal auditor for a financial institution who “blew the whistle” on the employer concerning the actions of the bank’s CEO, Gregory Garrabrants. While Erhart’s whistleblower case was pending in federal court, Garrabrants sued Erhart in state court for copying, retaining and transmitting to multiple regulatory authorities documents Erhart believed…
In a Surprise Move, California Enacts Boatload of New Pro-Employer Laws – Nah, Just Kidding, It’s Going to be More Burdensome than Ever!
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” that were introduced early in the legislative session, but…
Court Affirms $7.1 Million Whistleblower Verdict
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 working conditions. The jury returned a special verdict…
July 2023 California Employment Law Notes
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 Agricultural Workers
- Exemption of Financial Professionals From ABC
…
Statute Prohibits Employer Retaliation For Report Of Unlawful Activity Even If It’s Already Known To Employer
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 the employer. The employee, who worked as…
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 subject of the complaint was already known. Previous case law held that an employee whistleblower complaint regarding an alleged violation of the law that was already known to…
November 2022 California Employment Law Notes
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 Against On The Basis Of A Disability
- Offer To
…
Whistleblower Claim Should Not Have Been Dismissed In Part
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 his supervisor and the Army Reserve’s project leader Chief…
The Ninth Circuit Adopts Broad View of Whistleblower Retaliation Claim under the California Whistleblower Protection Act
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 a genuine dispute of fact over whether he…