The California Supreme Court (the Court) issued a unanimous decision on May 22, 2023, in the case of People ex rel. Garcia-Brower v. Kolla’s, Inc. The ruling broadened the interpretation of “disclose” under California Labor Code Section 1102.5, which protects employees from retaliation for “disclosing information” the employee has reasonable cause to believe is a violation of a state or federal statute. The Court held that whistleblowers are protected against retaliation even when the employer to whom they report alleged misconduct is already aware of it. This protection extends to instances where an employee reports to their employer about a violation committed by the employer themselves.
DLSE’s Investigation
The Court’s ruling in People ex rel. Garcia-Brower v. Kolla’s Inc. results from a Division of Labor Standards Enforcement (DLSE) (a division of California’s Department of Industrial Relations) enforcement action brought by Labor Commissioner Lilia Garcia-Brower on behalf of the employee. The Court referred to the employee as “A.C.R.” throughout the opinion due to immigration concerns.
A.C.R. was employed as a bartender at Kolla’s, Inc., a nightclub located in Orange County, California. In April 2014, she complained to the nightclub’s owner about unpaid wages for her previous three shifts. Rather than address her complaint, the owner responded by terminating her employment, threatening to report her to immigration authorities, and telling her never to return to the...
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