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
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
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