The broad interpretation of “disclosure” under the California Labor Code now includes information already known by an employer
The prohibition on retaliation against employees who make protected disclosures will be strongly enforced
Employers should stay up-to-date with whistleblower laws and regulations to avoid legal issues related to retaliation
In a landmark decision, the California Supreme Court in People ex rel. Garcia-Brower v. Kolla's, Inc. held on May 22 that the disclosure of unlawful activities, even if already known to the employer or agency, is still protected under Section 1102.5(b) of the California Labor Code.
The case involved a bartender who made a report of alleged unpaid wages to her employer and subsequently faced termination and threats of deportation. The California Department of Labor Standards Enforcement (DLSE) concluded that the employer engaged in unlawful retaliation. Despite these findings, the employer refused to pay damages. Consequently, the California Labor Commissioner initiated legal proceedings against the employer, including a claim alleging unlawful retaliation under Section 1102.5(b).
The trial court and later the appellate court ruled against the Labor Commissioner’s retaliation claim and determined that the bartender's complaint did not meet the criteria of a protected disclosure under Section 1102.5(b) because it did not involve the revelation of new information and was based on an alleged violation already known to...
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