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California Supreme Court:
Opinion Says Labor Code Section Prohibiting Retaliation Against Employees Does Not Cover City Treasurer Who Alleged That Inglewood Council Reduced Her Salary After She Raised Concerns Over Finances
The California Supreme Court held yesterday that an elected official may not invoke a provision of the Labor Code that prohibits an employer from retaliating against an employee who blows the whistle on wrongdoing, saying that the language and legislative history of the provision make clear that such officeholders are excluded from coverage.
At issue is Labor Code §1102.5(b), which provides:
“An employer, or any person acting on behalf of the employer, shall not retaliate against an employee for disclosing information…to a government or law enforcement agency, to a person…who has the authority to investigate, discover, or correct the violation or noncompliance, or for providing information to, or testifying before, any public body…if the employee has reasonable cause to believe that the information discloses a violation of state or federal statute, or…a local, state, or federal rule…, regardless of whether disclosing the information is part of the employee’s job duties.”
“Employee” is defined in §1106 to include, among others, “any individual employed by the state or…any…city.” A covered worker who has suffered mistreatment in violation of §1102.5(b) may file a civil action for damages against the employer.
Justice Martin J. Jenkins authored...
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