Section 1102.5 of the California Labor Code is one of California’s whistleblower laws. There are many parts to it, but essentially, it protects employees who report violations of local, state and federal laws by their employers to certain parties. Below, our Los Angeles workplace retaliation lawyers explain Labor Code Section 1102.5 and how it protects California employees.
How Does CA Labor Code Section 1102.5 Protect California Employees?
Labor Code 1102.5 is a broad law that protects California employees from whistleblower retaliation. There are multiple parts to it:
Employers May Not Obstruct Employees From Disclosing Information to Certain Parties
Labor Code Section 1102.5 protects any California employee who discloses information to certain parties, including the employer, if the employee has reasonable cause to believe that the information discloses:
- A violation of a state or federal statute
- A violation or noncompliance with a local, state or federal rule or regulation
It states that an employer, or any person acting on behalf of the employer, cannot obstruct an employee from disclosing information to the following parties:
- Government or law enforcement agencies
- Person(s) with authority over the employee
- Another employee who has authority to investigate, discover, or correct the violation or noncompliance
- Any public body conducting an investigation, hearing or an inquiry (this includes protection for providing testimony)
Employers May Not Retaliate Against Employees for Disclosing Information to Certain Parties
Employees are protected from reporting, disclosing and testifying about unlawful conduct to the parties listed above. Even if the claim is unfounded or not established, as long as the complaint was made in good faith, the employee is protected against workplace retaliation. Additionally, employers may not retaliate against an employee because the employer believes the employee disclosed information or may disclose information in the future.
In addition, 1102.5 prohibits employers from retaliating against employees because:
- The employee refuses to participate in unlawful conduct from workplace retaliation
- The employee is a family member of an individual who has engaged, or has been perceived to engage, in the protected sections of 1102.5.
What Is Workplace Retaliation?
Retaliation is any behavior that may adversely affect an employee’s work. Examples of retaliation may include, but are not limited to:
- Poor performance review
- Demotion or job reassignment
- Creation of a hostile work environment
Do you have more questions about California workplace retaliation? See our FAQs page.
What Is AB 1947 and How Does It Affect California Labor Code 1102.5?
Part of Assembly Bill (AB) 1947 amends Section 1102.5 of the California Labor Code. Governor Newsom signed AB 1947 into law on September 30, 2020. It goes into effect on January 1, 2021. AB 1947 allows a court to award reasonable attorneys’ fees to whistleblower plaintiffs who bring successful actions against an employer for violations of Section 1102.5. This is a significant change because sophisticated lawyers are more likely to assist clients even with smaller cases because they are more likely to recuperate their fees from the employer.
Are You Facing Workplace Retaliation in Los Angeles? Call Now
If you are facing workplace retaliation in Los Angeles, consider speaking to our Los Angeles workplace retaliation lawyers about your situation. We can answer any legal questions you may have and help you to understand your best legal options to move forward. We provide a free initial consultation. Call us at (310) 499-0140 or fill out our online contact form, and someone from our office will be in touch with you soon.