Senate Bill (SB) 399, the “California Worker Freedom from Employer Intimidation Act” (“Act”), will prohibit compelled attendance at employer-mandated meetings to discuss political and religious matters, including the decision to join or support a labor union. The Act adds the new Labor Code section 1137, and is effective January 1, 2025.
Prohibition Against Employer-Mandated Political
Conducting comprehensive and accurate workplace investigations is an integral part of an employer’s duties. Whether the investigation involves allegations of minor violations of policy or more serious allegations of discrimination or harassment, each instance should be carefully analyzed to ensure all the relevant facts are uncovered so the employer can respond appropriately. If left unaddressed
On October 8, 2023, Governor Gavin Newsom signed SB 497 into law, which amends Labor Code sections 98.6, 1102.5, and 1197.5 effective January 1, 2024. The amendments establish a rebuttable presumption of retaliation if an employer takes an adverse action against an employee within ninety (90) days of that employee’s protected activity. The amendments also
Flight attendant Charlene Carter sued her employer and her union alleging, among other things, that they discriminated against her on the basis of religion, in violation of Title VII of the Civil Rights Act of 1964 (“Title VII”). In July 2022, a jury awarded Ms. Carter $5.1 million. This sum appears to be consistent with
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
This year, the California Legislature passed and the Governor approved the Contraceptive Equity Act of 2022 (Senate Bill 523 or SB 523), a piece of legislation intended to increase the ability of Californians to exercise full control over their reproductive decisions and to expand coverage and decrease access barriers to reproductive health services.
Among other
Social media sites have become the new “public square” where individuals share opinions and information about all types of political and societal events. Public sector employees, as much as anyone else, use social media to post viewpoints and to participate in public debate. Problems arise, however, when a public employee posts harsh, derogatory, defamatory, or
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