The California Supreme Court has agreed to address whether the whistleblower statute, Labor Code section 1102.5, subdivision (b), applies to and protects from retaliation, an employee who discloses violations of law when that information is already known to the governing agency or person of authority at the employer. This question stems from the case
Jennifer Puza
Jennifer Puza advises clients in matters pertaining to labor and employment law. She has experience conducting investigations into allegations of discrimination, hostile work environment, and harassment. Jennifer also advises clients on FMLA and CFRA matters, and works with clients on employee discipline, wage and hour laws, and bargaining unit grievances.
Noncitizen Voting in Local School Board Elections
Across the country, cities have been considering legislation that would allow all residents over age 18 to vote in local school board elections, regardless of citizenship status. Supporters of this movement argue that because noncitizens pay local taxes, volunteer at schools, and participate in school board meetings, they should be able to have a…
Public Officials Who Block Users on Social Media May Be Violating the First Amendment
The Ninth Circuit Court of Appeals recently ruled in Garnier v. O’Connor-Ratcliffe that public officials violated their constituents’ First Amendment rights by blocking them from the public officials’ social media accounts that were used for official duties.
School District Trustees Block Two Parents on Social Media
In Garnier, Michelle O’Connor-Ratcliff and T.J. Zane,…
The DFEH Now Using Technology To Identify Unlawful Job Advertisements
In California, nearly 8 million of the state’s 40 million residents have a criminal record. Research has shown that when individuals with criminal records have access to gainful employment, it helps reduce recidivism. However, these individuals often face barriers to employment.
That is why on October 20, 2021, the California Department of Fair Employment…
Summary Judgment Will Be More Difficult For Employers in Whistleblower Cases After California Supreme Court Ruling
On January 27, 2022, the California Supreme Court unanimously decided that the McDonnell Douglas burden-shifting analysis that is widely used to determine whether an employment discrimination or retaliation case should be dismissed before trial does not apply to whistleblower retaliation claims brought under California Labor Code section 1102.5. As a result, employers will face a…
California Court of Appeal Clarifies Standard by Which a Public Agency’s At-Large Voting System Will Be Deemed to Violate the California Voting Rights Act, Having the Potential to Significantly Impact California Voting Rights Litigation
Last month, the Court of Appeal for the Second Appellate District of California issued a decision in Pico Neighborhood Association, et al v. City of Santa Monica (Jul. 9, 2020, No. B295935) __ Cal.App.3d __ [2020 WL 3866741] (“Pico”), finding that the City of Santa Monica’s at-large voting system did not violate the…