On May 22, 2023, the Supreme Court of California answered the following question in People ex rel. Garcia-Brower v. Kolla’s, Inc., S269456:

“Does Labor Code section 1102.5(b), which protects employees against retaliation for ‘disclosing information’ about suspected violations of the law to their employer or a government agency, encompass a report of unlawful activities made to an employer or agency that already knew about the violation?”

In a unanimous opinion, the court concluded that an employee’s disclosure about suspected violations of the law to their employer or a government agency is protected whistleblowing activity under California’s Labor Code, even when the disclosure relates to information already known by the employer or a government agency.

Quick Hits

• The Supreme Court of California held that an employee is protected under California’s whistleblower statute, even when the employee reports information already known by the employer or a government agency.
• The court noted that California’s whistleblower statute is in accord with the federal Whistleblower Protection Act.

Background and Court’s Holding

In Kolla’s, Inc., the employee-bartender complained to the owner of the nightclub where she worked that the nightclub owed her unpaid wages. In response, the California Supreme Court stated, “her employer fired her, threatened to report her to immigration authorities, and told her never to return to the nightclub.”

The employee-bartender filed a complaint with...

Read Full Story: https://news.google.com/rss/articles/CBMiS2h0dHBzOi8vd3d3Lmpkc3VwcmEuY29tL2xl...