If you are an employee who has reported something in the workplace that you thought broke some kind of law, this article is for you. 
Continue reading “Timing is Everything for California Whistleblowers”
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The Role of the “Same Decision” Defense in California Whistleblower Cases
Whistleblower cases in California differ from discrimination cases in several important ways. Among other things, Section 1102.6 of the Whistleblower Protection Act (found in the California Labor Code) provides that where an employee proves by a preponderance of the evidence that discriminatory activity was a “contributing factor” with respect to a discriminatory act, the burden […]
Read more...Attorneys’ Fees in Individual Wage and Hour Cases
California Labor Code section 1194 provides that an employee who is paid less than the legally-required minimum wage or overtime compensation who prevails in a civil action can recover their reasonable attorney’s fees and costs of suit. This provision is important, because many individual wage and hour claims are small, and, absent the possibility of […]
Read more...The Transportation Worker Exemption: What it is, why it matters, and what we can learn from two 2024 cases addressing it.
In recent years, many employers have sought to shield themselves from class actions, as well as individual claims of all sorts, by requiring their workers to sign arbitration agreements. These agreements usually bar any kind of collective action. They also require workers to proceed in arbitration forums rather than in court. The reason for this […]
Read more...California Supreme Court Rules that Whistleblower Protections Apply to Employees Who Disclose Illegal Conduct Already Known to an Employer
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”
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...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...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...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”
An Employer’s Duty to Provide a Reasonable Accommodation
Under the California Fair Employment and Housing Act (FEHA), an employer must make a reasonable accommodation for the known disability of an employee. Cal. Gov. Code §12940(m); Department of Fair Employment and Housing v. Lucent Technologies, Inc. (9th Cir. 2011) 642 F.3d 728, 743. Failure to reasonably accommodate a disabled employee or applicant is a violation of the FEHA in and of itself. Brown v. Los Angeles Unified School District (2021) 60 Cal. App. 5th 1092, 1107; Furtado v. State Personnel Bd. (2013) 212 Cal.App.4th 729, 745. Continue reading “An Employer’s Duty to Provide a Reasonable Accommodation”