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Jul 9, 2024 · California Whistleblower Laws in Detail. California’s whistleblower protection framework is built on several key pieces of legislation: California Whistleblower Protection Act (Labor Code Section 1102.5) This is the cornerstone of whistleblower protection in California, applying to public and private sector employees. Key provisions include:
- What Laws Protect Me from Whistleblower Retaliation in California?
- What Are My Options If I Am A Victim of Whistleblower Retaliation?
- What Is The Deadline to File A Complaint Or Lawsuit?
- What Damages Can I Win in A Lawsuit?
- Additional Resources
1.1. Labor Code 1102.5 LC – general whistleblower protection
Labor Code 1102.5 LC is California’s most general law prohibiting whistleblower retaliation. LC 1102.5 prevents your employer from retaliating against you for 1. disclosing what you reasonably believe is a violation of or noncompliance with a law or regulation to 1.1. a government or law enforcement agency, 1.2. a person with authority over the employee, or 1.3. another employee with the authority to investigate or correct the violation; OR 2. providing information or testifying before any pu...
1.2. Labor Code 98.6 LC – wage/hour and other labor violation reports
California Labor Code 98.6 LC is a whistleblower protection statute that protects you for reporting Labor Code violations to the California Labor Commissioner.9 The law also forbids whistleblower retaliationagainst: 1. job applicants who filed complaints with the Labor Commissioner about their previous employers, and 2. family members of people who filed complaints about labor violations.10 Labor Code 1197.5 also prohibits employer retaliation against you for reporting – or taking legal actio...
1.3. Labor Code 6310 LC – occupational health and safety reports
Labor Code 6310 LC prohibits whistleblower retaliation against you for reporting violations of occupational health and safety rules to the California Division of Occupational Safety and Health (Cal/OSHA).11 LC 6310 also prohibits employer discrimination or retaliation against your family members for reporting worker health and safety violations.12
Labor Code 1102.5
Before you may sue your employer for violating the whistleblower protections of Labor Code 1102.5 LC, you must first notify the California Labor and Workplace Development Agency through an online form and your employer via certified mail.20 After you file this notice, the Labor and Workplace Development Agency may decide to investigate your complaint itself. If it chooses not to do so, it must notify you within sixty-five (65) days–at which point you may file your own lawsuit.21
Labor Code 98.6 and 6310
If your employer retaliates against you for reporting labor or occupational health/safety law violations, then you may file a complaint with the California Labor Commissioner. Though you are not required to do so: You may skip this step and go directly to a lawsuit.22 Note there is a rebuttable presumption of retaliation if you get disciplined/discharged within 90 days of engaging in protected activity protected by 98.6 LC. If the employer then articulates a legitimate reason for their action...
State government employee whistleblowers
If you are a victim of whistleblower retaliation under the California Whistleblower Protection Act that applies to state government employees, you must file a complaint with the California State Personnel Board before you may file a lawsuit against the state agency that employed you.24
As with most California civil lawsuits, employee lawsuits (or administrative complaints) against employers under California whistleblower protection laws are subject to a “statute of limitations” – a time limitwithin which you have to file a complaint or suit after the retaliation occurs:
Labor Code 1102.5 lawsuits
In a lawsuit for damages under LC 1102.5(California’s most general whistleblower protection law), a Superior Court might award you: 1. A civil penalty of up to $10,000 paid from the employer to you, 2. Lost wages and benefits, 3. Damages for emotional distress/pain and suffering, and 4. Punitive damages.29
Labor Code 98.6 and 6310
For claims of whistleblower retaliation for reporting violations of wage/hour laws or of occupational health and safety laws, the Labor Commissionermay order your employer to 1. Rehire or reinstateyou, 2. Reimburse you for lost wages with interest, and 3. Reimburse you for reasonable attorney’s fees.30 LC 98.6 violations can also be punished by a civil penaltyof up to $10,000 paid by the employer to you.
Public employee whistleblower protection
If the State Personnel Boarddetermines that you were the victim of whistleblower retaliation, it may order the following remedies: 1. Reinstatement, 2. Back pay, 3. Restoration of lost service credit, 4. Compensatory damages, and 5. Expungement of any adverse employment record that resulted from the retaliation.31
For more information, refer to the following: 1. What is a whistleblower?– Overview by the National Whistleblower Center. 2. Whistleblower Protection Program– Government program offering protections for employees who were retaliated against for protected activities under more than 20 federal laws. 3. Whistleblower Survival Tips– Advice from an inde...
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The California Whistleblower Protection Act is one of the main laws designed to protect workers who report illegal activities. This law applies to employees who report violations of state or federal law, as well as any regulations related to workplace safety or ethics. The law also covers those who report misuse of government funds or resources ...
Sep 15, 2023 · Absolutely. Whistleblowers are protected against employer retaliation under several California statutes, such as: Labor Code 1102.5 LC: This is the general whistleblower protection law that prohibits employers from making or enforcing any rule, regulation, or policy that prevents employees from reporting violations of law to a government or law ...
In fact, the State of California encourages employees to notify authorities when they have information about their employer violating state or federal laws or local regulations. Under California Labor Code Section 1102.5, the California Whistleblower Protection Act protects employees. An employee is any person employed by a private or public ...
The Whistleblower Protection Act (WPA) is California’s most direct law dealing with whistleblowers and their protections in the workplace. Officially codified in Section 1102.5 of the California Labor Code, the Act protects employees that engage in the protected activity of reporting their employers’ illegal conduct or activity to the ...
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Section 1102.5 of the California Labor Code is the primary whistleblower protection statute. It states that employers cannot prevent employees from giving information to the government or an investigatory authority. There is only one requirement for an employee who wishes to report their employer. Specifically, the employee must have a ...
