In People ex rel. Garcia-Brower v. Kolla’s, Inc., the California Supreme Court resolved a split between the Courts of Appeal for the First and Second Districts over whether a protected “disclosure” under Labor Code section 1102.5(b) includes a report of unlawful activity made to an employer or agency that already knew about the reported unlawful activity. The Supreme Court held that it does.
In a last minute whirlwind of activity by California’s Legislature, a significant number of employment-related bills have now made their way to Governor Newsom’s desk and await their fate. Below are highlights of some of the bills that may affect California employers, should Governor Newsom sign them into law.
On March 16, 2022, New York Governor Kathy Hochul signed into law two amendments to the State’s workplace anti-discrimination and anti-harassment laws.
Continue Reading New York State Amends Its Workplace Anti-Discrimination and Anti-Harassment Laws
In Lawson v. PPG Architectural Finishes, Inc., __ P.3d __, 2022 WL 244731 (Cal., Jan. 27, 2022), the California Supreme Court clarified that whistleblower retaliation claims brought under Labor Code section 1102.5 should not be evaluated under the McDonnell Douglas test, but instead the standard enumerated in Labor Code section 1102.6. Under the section 1102.6 standard, a plaintiff must show that a protected activity was a contributing factor in a prohibited action against the employee by a preponderance of the evidence. The employer must then demonstrate with clear and convincing evidence that the action would have occurred for legitimate, independent reasons, even if the employee had not engaged in protected action.
Continue Reading California Supreme Court Holds That McDonnell Douglas Standard Should Not Be Used When Evaluating Whistleblower Retaliation Claims
On September 30, 2020, California Governor Gavin Newsom signed Assembly Bill (“AB”) 1947 into law. Effective January 1, 2021, AB 1947 will, among other things, authorize courts to award attorneys’ fees to whistleblowers who prevail against employers under Labor Code section 1102.5. This amendment will likely incentivize employees (and their lawyers) to bring retaliation claims against California employers. For our previous analysis of this bill, click here.
Continue Reading Whistleblower Retaliation Lawsuits Are About to Become More Expensive in California
The end of the year is often a time of self-reflection to determine if one has ended up on the “Nice” or “Naughty” List. In appellate practice, ending up on the “Naughty List” can result in serious consequences, including the dismissal of a pending appeal and a forfeiture of substantive legal rights, regardless of the merits of the underlying appeal.
Continue Reading Ending Up On The Naughty List: Dismissal Of A Pending Appeal Under The Disentitlement Doctrine
A 21st Century Social Movement
In this age of interconnectivity, compelling societal movements have a never-before-seen speed and reach. Traditional means of spreading information and generating social change have been supplemented—if not outright replaced—by the near-instantaneous ability of an idea or cause to go viral on social media, regardless of its source. In 2018, the gatekeepers—and indeed, the gates—to disseminating content and generating popular support are being dismantled before our eyes. Nowhere over the past year was this more evident than in the #MeToo movement.
Continue Reading EEOC Data Confirms #MeToo’s Impact: Six Keys for Employers in the Wake of This Powerful Cultural Moment
The California Court of Appeal recently held that employees’ workers’ compensation decisions barred them from pursuing similar claims under the Fair Employment and Housing Act (“FEHA”) based on the doctrine of res judicata.
Continue Reading Correctional Officers FEHA Claims are Barred by Res Judicata for Already Adjudicated Workers’ Compensation Cases
As reported in our new laws for 2017 post, employers must give written notice to new employees (and to current employees upon request) explaining the rights of victims of domestic violence, sexual assault and stalking. All California employers with at least 25 employees must be in compliance, effective July 1, 2017.
Continue Reading Now in Effect: California Employers Must Provide New Hires with Written Notice of Victim Rights
Earlier this year, we reported that New York City adopted The Establishing Protections for Freelance Workers Act, also known as the Freelance Isn’t Free Act, (the “Freelance Law”). As explained in our prior blog, under the Freelance Law, a company must: (1) provide a written contract when it contracts with a freelance worker for services worth $800 or more, (2) ensure that all payments to freelance workers are made on a timely basis and paid in full, and (3) prohibit any type of retaliatory or adverse action against freelance workers for exercising the rights granted to them under the Freelance Law.
Continue Reading UPDATE: NYC Adopts New Rules Implementing Freelance Law
The Establishing Protections for Freelance Workers Act, also known as the Freelance Isn’t Free Act, (the “Freelance Law”), which was touted by New York City Mayor Bill de Blasio as the first law in the nation aimed at protecting wage payment rights of freelance workers, became effective last Monday, May 15, 2017. The Freelance Law imposes specific requirements on companies located in New York City that contract with freelance workers, including requiring a written freelance contract, requiring companies to pay freelancers timely and in full, prohibiting retaliation against freelancers who exercise their rights under the Freelance Law, and creating penalties against companies who fail to comply with these requirements.
Continue Reading New Freelancer Law Imposes Additional Requirements For NYC Companies Contracting With Freelancers