Privileges and ImmunitiesPolitical Affiliations
Section § 1101
This law makes it clear that employers in California cannot set any rules that stop employees from getting involved in politics or running for public office. It also prevents employers from trying to control or influence their employees’ political activities or choices.
Section § 1102
This law makes it illegal for employers to threaten or pressure their employees with losing their jobs to make them take a specific political stance or participate in political activities. Employers can't force employees to support or oppose any political action using job security as leverage.
Section § 1102.5
This law protects employees in California from being punished by their employer for reporting legal violations. Employers can't stop workers from telling the government, law enforcement, or certain other authorities if they think their employer is breaking the law. No retaliation is allowed if an employee refuses to do something illegal or if they speak up about it in a current or past job. Family members of such employees are also protected from retaliation.
Employers could face fines up to $10,000 per incident of retaliation, considering the violation's seriousness and impact on employees. However, this protection does not cover revealing lawyer-client or doctor-patient secrets, or trade secrets. Employees who win a lawsuit under this law might get their legal fees paid by the employer.
Section § 1102.6
This law says that if it's proven more likely than not that an employee was retaliated against for engaging in a protected activity under another related law (Section 1102.5), the employer must then prove very strongly that they would have taken the same action anyway for valid reasons that have nothing to do with the protected activity.
Section § 1102.7
The California Attorney General's office operates a whistleblower hotline for people to report potential legal violations by companies. These calls are sent to the right government authorities for review. The identity of the caller and any information provided is kept confidential. Calls to the hotline cannot be used as the only reason to start the clock on legal deadlines, though this doesn't change existing laws about deadlines.
Section § 1102.8
This law requires employers to post information about whistleblower rights and responsibilities, including a hotline number, in a clear and visible manner with lettering larger than 14-point type. Employers can meet this requirement by posting a model list provided by the state. State agencies that already have to display a related notice can comply by including the whistleblower hotline number in their existing notice.
Section § 1102.61
If you're an employee involved in a lawsuit or administrative action related to Section 1102.5, you can ask the local superior court for temporary or preliminary legal orders to stop certain actions, based on where the violation happened or where you live or work.
Section § 1102.62
If someone files a request for a court order to stop certain actions, the court can temporarily enforce this order while the issue is being reviewed. The court must think about not only the specific harm caused but also whether allowing that behavior affects other employees' willingness to assert their rights. If there's reasonable belief that a violation happened, the court may issue a temporary order. This order stays in place until further legal action is finalized or until a specific date set by the court. Afterward, a more permanent order may be issued if deemed fair. Importantly, the temporary court order doesn't stop employers from disciplining or firing employees for matters not related to the complaint. Even if someone appeals, this temporary relief remains in effect.
Section § 1103
If an employer or any other entity breaks the rules in this chapter, they commit a misdemeanor. For individuals, this can lead to up to a year in county jail and/or a fine up to $1,000. For corporations, the fine can be up to $5,000.
Section § 1104
This law states that if a company is facing legal prosecution related to this chapter, the employer is held accountable for the actions of their managers, officers, agents, and employees.
Section § 1105
This law allows an employee who gets hurt because their employer broke labor rules to still sue the employer for damages.
Section § 1106
This law defines who is considered an 'employee' for certain sections of the Labor Code. It states that the term includes anyone working for the state, its subdivisions, counties, cities (including charter cities), school districts, community colleges, public corporations, political subdivisions, and the University of California.