In 1984, the Legislature enacted California Labor Code section 1102.5 in order to protect whistleblowers from retaliation against their employers. The law was amended in 2003 and again in 2013, to add protections afforded to employees. In 2013, specifically, the Legislature amended section 1102.5(b), so that an employee’s disclosure “to a person with authority over the employee or another employee who has the authority to investigate, discover, or correct the violation or non-compliance” was deemed protected activity. On May 22, 2023, the California Supreme Court addressed whether reporting a violation that is already known to an employer or agency constitutes a protected disclosure under Labor Code section 1102.5(b) in People ex. Rel. Lilia Garcia-Brower v. Kolla’s, Inc., S269456. Continue reading “California Supreme Court Rules that Whistleblower Protections Apply to Employees Who Disclose Illegal Conduct Already Known to an Employer”
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Liability of Companies for Outsourced Workers under California Law
Some businesses in California use other companies to provide their workers. The company that provides the workers is sometimes referred to as a “Labor Contractor.” Unfortunately, Labor Contractors may, for a number of reasons, stop paying their workers. The question then is whether the workers can sue the business that used the Labor Contractor for their unpaid wages.
In 2014, California enacted a statute to address this situation: Labor Code section 2810.3. Continue reading “Liability of Companies for Outsourced Workers under California Law”
Read more...California’s Equal Pay Act — An Introduction
This post provides basic information about California’s Equal Pay Act, which is found in Labor Code sections 1197.5 and 432. The Equal Pay Act (or “EPA”) prohibits employers from paying employees less than employees of the opposite sex for equal work. As January 1, 2017, it also prohibits an employer from paying its employees less […]
Read more...Paid Sick Leave under California Law and PAGA
California’s Healthy Workplaces, Healthy Families Act of 2014 (Healthy Workplaces Act), which is found at Labor Code § 245, requires certain
employers to provide their employees with at least three paid sick days per year. Employers that violate this law may be subject to a host of damages, including liquidated damages and civil penalties.
A recent case from the Fourth District Court of Appeal found that employees could bring a claim under California’s Private Attorneys General Act (PAGA) for violations of the Healthy Workplaces Act. Continue reading “Paid Sick Leave under California Law and PAGA”
Read more...Meal Breaks for Public Sector and UC Health Care Workers
California law now guarantees meal breaks and rest periods to public sector and UC workers who provide or support direct patient care in a hospital, clinic, or public health setting.
Private sector nurses have been guaranteed meal breaks and rest periods for some time. However, public sector nurses have not enjoyed these basic protections, even though they perform the same job duties. Continue reading “Meal Breaks for Public Sector and UC Health Care Workers”
Read more...Hunter Pyle Law Successfully Opposes Motion to Compel Arbitration
In a hard-fought victory, Hunter Pyle Law recently prevailed on opposing an employer’s Motion to Compel Arbitration. Hunter Pyle Law filed a wage and hour class action and representative action pursuant to the Private Attorneys General Act (“PAGA”) on behalf of our client. The complaint seeks relief for nurses who worked throughout the state of […]
Read more...What is a “Disability” under California Law
Under California law, a “disability” is broadly construed. In the employment law context, an individual qualifies as having a “disability” under California law if the individual: 1. Has a physical disability, mental disability, special education disability, or medical condition that limits one of the major life activities of the individual; and 2. Has a record or […]
Read more...California Law Protects Employees with Potential or Perceived Disabilities
While California law protects employees who are disabled, it also protects workers whose employers perceive them to have a physical or mental impairment that is disabling, potentially disabling, or perceived as disabling or potentially disabling. See Cal. Gov’t Code § 12926.1(b). In other words, California law protects workers from adverse employment actions because their employer […]
Read more...California Law Protects Workers Who Are Associated With a Disabled Person
California law prohibits an employer from taking an adverse action against an employee based on the employee’s association with a disabled person. See Cal. Gov’t Code § 12926(o). This is referred to as an “associational disability” claim. To prove an associational disability claim, an employee must prove that: (1) the “disability” from which they suffer […]
Read more...An Employer’s Duty to Provide a Reasonable Accommodation
Under the Fair Employment and Housing Act (FEHA), an employee must generally provide an employer notice of the need for a reasonable accommodation for his or her disability. Achal v. Gate Gourmet, Inc., N.D. Cal. 2015, 114 F.Supp.3d 781. There is no one set way to request an accommodation, but an employer is not required to provide a reasonable accommodation until it is aware of the employee or applicant’s disability and physical limitations. Continue reading “An Employer’s Duty to Provide a Reasonable Accommodation”