The California Supreme Court issued its unanimous decision on May 22, 2023 in People ex rel. Garcia-Brower v. Kolla’s, Inc., which expanded the definition of “disclose” under California Labor Code Section 1102.5. The court held that whistleblowers are protected from retaliation under Section 1102.5 even if the alleged misconduct they are reporting is already known to the recipient of the report.
Labor Code Section 1102.5 prohibits an employer from retaliating against an employee for disclosing to the government or to an employer conduct that the employee reasonably believes to be a violation of law. Prior to Kolla’s, the case law interpreting “disclose” under Section 1102.5 had defined the term as “to reveal something that was hidden and not known.” Mize-Kurzman v. Marin Cmty. Coll. Dist., 202 Cal. App. 4th 832, 858-59 (2012).
Under the Mize-Kurzman standard, an employee’s reporting conduct to their employer that the employer already knew was not considered protected activity under the statute.
In People ex rel. Garcia-Brower v. Kolla’s, Inc., A.C.R.[1] worked as bartender for Kolla’s Inc. (Kolla’s), a nightclub. A.C.R. complained to her manager, who also was the club owner, that she was owed wages for her prior three shifts. Her manager responded by threatening to report her to immigration authorities, terminating her employment, and telling her to not return to the nightclub. A.C.R. filed a complaint with the California Labor Commissioner in the...
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