California Employment Law Update

Tag Archives: Cal. Labor Code § 1102.5

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

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

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

July 2022 California Employment Law Notes

By Tony Oncidi on Posted in California Labor Code, California Labor Code Section 202, California Labor Code Section 203, Class Actions, Collective Bargaining, Drug Testing, Employment Applications, Employment Law Notes, Hiring, Jurisdiction, Labor Code § 226, Meal Periods and Rest Breaks, Military Leave, Retaliation, Statute of Limitations, Workers Compensation
We invite you to review our newly-posted July 2022 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Summary Judgment Was Properly Granted To Employer In Whistleblower Case Job Applicants Need Not Be Paid For Time/Expenses Associated With Drug Testing Employer May Have … Continue Reading

Summary Judgment Was Properly Granted To Employer In Whistleblower Case

By Tony Oncidi on Posted in California Labor Code, Retaliation
Vatalaro v. County of Sacramento, 2022 WL 1775708 (Cal. Ct. App. 2022) Cynthia J. Vatalaro sued the county for a violation of Cal. Lab. Code § 1102.5, alleging that the county illegally retaliated against her after she reported that she was working below her service classification, which she believed evidenced a violation of the law. … Continue Reading

Court Affirms $118,000 Verdict In Favor Of Fired Employee Who Reported A Crime To The Police

By Tony Oncidi on Posted in Retaliation, Uncategorized, Whistleblowers
Cardenas v. M. Fanaian, D.D.S., Inc., 240 Cal. App. 4th 1167 (2015) Rosa Lee Cardenas was terminated from her employment as a dental hygienist after she made a report to the police department that a coworker may have stolen her wedding ring at her workplace. Cardenas sued her employer (Dr. Fanaian) on the grounds that … Continue Reading

New California Law Expands Protections for Whistleblowers

By Keith A. Goodwin and Laura Reathaford on Posted in New and Proposed Laws and Legislation, Retaliation, Whistleblowers
On October 12, 2013, California Governor Jerry Brown signed into law SB 496, which, along with two other new laws (SB 666 and AB 263), expands protections for whistleblowers in California by significantly altering California Labor Code Section 1102.5, California’s general whistleblower statute. The amendments are effective January 1, 2014. Before it was amended, Section … Continue Reading

Community College Employee Is Entitled To New Trial On Whistleblower Claims

By Tony Oncidi on Posted in Employment Law Notes, Retaliation, Whistleblowers
Mize-Kurzman v. Marin Cmty. Coll. Dist., 202 Cal. App. 4th 832 (2012) Pamela Mize-Kurzman, who had been promoted to Dean of Enrollment Services as part of a settlement of a previous lawsuit against the district, claimed the district retaliated against her for disclosing what she believed to be violations of the law or regulations to … Continue Reading
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