Section § 1101

Explanation

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.

No employer shall make, adopt, or enforce any rule, regulation, or policy:
(a)CA Labor Code § 1101(a) Forbidding or preventing employees from engaging or participating in politics or from becoming candidates for public office.
(b)CA Labor Code § 1101(b) Controlling or directing, or tending to control or direct the political activities or affiliations of employees.

Section § 1102

Explanation

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.

No employer shall coerce or influence or attempt to coerce or influence his employees through or by means of threat of discharge or loss of employment to adopt or follow or refrain from adopting or following any particular course or line of political action or political activity.

Section § 1102.5

Explanation

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.

(a)CA Labor Code § 1102.5(a) An employer, or any person acting on behalf of the employer, shall not make, adopt, or enforce any rule, regulation, or policy preventing an employee from disclosing information to a government or law enforcement agency, to a person with authority over the employee, or to another employee who has authority to investigate, discover, or correct the violation or noncompliance, or from providing information to, or testifying before, any public body conducting an investigation, hearing, or inquiry, if the employee has reasonable cause to believe that the information discloses a violation of state or federal statute, or a violation of or noncompliance with a local, state, or federal rule or regulation, regardless of whether disclosing the information is part of the employee’s job duties.
(b)CA Labor Code § 1102.5(b) An employer, or any person acting on behalf of the employer, shall not retaliate against an employee for disclosing information, or because the employer believes that the employee disclosed or may disclose information, to a government or law enforcement agency, to a person with authority over the employee or another employee who has the authority to investigate, discover, or correct the violation or noncompliance, or for providing information to, or testifying before, any public body conducting an investigation, hearing, or inquiry, if the employee has reasonable cause to believe that the information discloses a violation of state or federal statute, or a violation of or noncompliance with a local, state, or federal rule or regulation, regardless of whether disclosing the information is part of the employee’s job duties.
(c)CA Labor Code § 1102.5(c) An employer, or any person acting on behalf of the employer, shall not retaliate against an employee for refusing to participate in an activity that would result in a violation of state or federal statute, or a violation of or noncompliance with a local, state, or federal rule or regulation.
(d)CA Labor Code § 1102.5(d) An employer, or any person acting on behalf of the employer, shall not retaliate against an employee for having exercised their rights under subdivision (a), (b), or (c) in any former employment.
(e)CA Labor Code § 1102.5(e) A report made by an employee of a government agency to their employer is a disclosure of information to a government or law enforcement agency pursuant to subdivisions (a) and (b).
(f)Copy CA Labor Code § 1102.5(f)
(1)Copy CA Labor Code § 1102.5(f)(1) In addition to other remedies available, an employer is liable for a civil penalty not exceeding ten thousand dollars ($10,000) per employee for each violation of this section to be awarded to the employee who was retaliated against.
(2)CA Labor Code § 1102.5(f)(2) In assessing this penalty, the Labor Commissioner shall consider the nature and seriousness of the violation based on the evidence obtained during the course of the investigation. The Labor Commissioner’s consideration of the nature and seriousness of the violation shall include, but is not limited to, the type of violation, the economic or mental harm suffered, and the chilling effect on the exercise of employment rights in the workplace, and shall be considered to the extent evidence obtained during the investigation concerned any of these or other relevant factors.
(g)CA Labor Code § 1102.5(g) This section does not apply to rules, regulations, or policies that implement, or to actions by employers against employees who violate, the confidentiality of the lawyer-client privilege of Article 3 (commencing with Section 950) of, or the physician-patient privilege of Article 6 (commencing with Section 990) of, Chapter 4 of Division 8 of the Evidence Code, or trade secret information.
(h)CA Labor Code § 1102.5(h) An employer, or a person acting on behalf of the employer, shall not retaliate against an employee because the employee is a family member of a person who has, or is perceived to have, engaged in any acts protected by this section.
(i)CA Labor Code § 1102.5(i) For purposes of this section, “employer” or “a person acting on behalf of the employer” includes, but is not limited to, a client employer as defined in paragraph (1) of subdivision (a) of Section 2810.3 and an employer listed in subdivision (b) of Section 6400.
(j)CA Labor Code § 1102.5(j) The court is authorized to award reasonable attorney’s fees to a plaintiff who brings a successful action for a violation of these provisions.

Section § 1102.6

Explanation

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.

In a civil action or administrative proceeding brought pursuant to Section 1102.5, once it has been demonstrated by a preponderance of the evidence that an activity proscribed by Section 1102.5 was a contributing factor in the alleged prohibited action against the employee, the employer shall have the burden of proof to demonstrate by clear and convincing evidence that the alleged action would have occurred for legitimate, independent reasons even if the employee had not engaged in activities protected by Section 1102.5.

Section § 1102.7

Explanation

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.

(a)CA Labor Code § 1102.7(a) The office of the Attorney General shall maintain a whistleblower hotline to receive calls from persons who have information regarding possible violations of state or federal statutes, rules, or regulations, or violations of fiduciary responsibility by a corporation or limited liability company to its shareholders, investors, or employees.
(b)CA Labor Code § 1102.7(b) The Attorney General shall refer calls received on the whistleblower hotline to the appropriate government authority for review and possible investigation.
(c)CA Labor Code § 1102.7(c) During the initial review of a call received pursuant to subdivision (a), the Attorney General or appropriate government agency shall hold in confidence information disclosed through the whistleblower hotline, including the identity of the caller disclosing the information and the employer identified by the caller.
(d)CA Labor Code § 1102.7(d) A call made to the whistleblower hotline pursuant to subdivision (a) or its referral to an appropriate agency under subdivision (b) may not be the sole basis for a time period under a statute of limitation to commence. This section does not change existing law relating to statutes of limitation.

Section § 1102.8

Explanation

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.

(a)CA Labor Code § 1102.8(a) An employer shall prominently display in lettering larger than size 14 point type a list of employees’ rights and responsibilities under the whistleblower laws, including the telephone number of the whistleblower hotline described in Section 1102.7.
(b)CA Labor Code § 1102.8(b) An employer shall be deemed in compliance with the posting requirement set forth in subdivision (a) if the employer posts the model list described in Section 98.11.
(c)CA Labor Code § 1102.8(c) A state agency required to post a notice pursuant to Section 8548.2 of the Government Code or subdivision (b) of Section 6128 of the Penal Code shall be deemed in compliance with the posting requirement set forth in subdivision (a) if the notice posted pursuant to Section 8548.2 of the Government Code or subdivision (b) of Section 6128 of the Penal Code also contains the whistleblower hotline number described in Section 1102.7.

Section § 1102.61

Explanation

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.

In any civil action or administrative proceeding brought pursuant to Section 1102.5, an employee may petition the superior court in any county wherein the violation in question is alleged to have occurred, or wherein the person resides or transacts business, for appropriate temporary or preliminary injunctive relief as set forth in Section 1102.62.

Section § 1102.62

Explanation

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.

(a)CA Labor Code § 1102.62(a) Upon the filing of the petition for injunctive relief, the petitioner shall cause notice thereof to be served upon the person, and thereupon the court shall have jurisdiction to grant such temporary injunctive relief as the court deems just and proper.
(b)CA Labor Code § 1102.62(b) In addition to any harm resulting directly from the violation of Section 1102.5, the court shall consider the chilling effect on other employees asserting their rights under that section in determining whether temporary injunctive relief is just and proper.
(c)CA Labor Code § 1102.62(c) Appropriate injunctive relief shall be issued on a showing that reasonable cause exists to believe a violation has occurred.
(d)CA Labor Code § 1102.62(d) The order authorizing temporary injunctive relief shall remain in effect until an administrative or judicial determination or citation has been issued or until the completion of a review pursuant to subdivision (b) of Section 98.74, whichever is longer, or at a time certain set by the court. Thereafter, a preliminary or permanent injunction may be issued if it is shown to be just and proper. Any temporary injunctive relief shall not prohibit an employer from disciplining or terminating an employee for conduct that is unrelated to the claim of the retaliation.
(e)CA Labor Code § 1102.62(e) Notwithstanding Section 916 of the Code of Civil Procedure, injunctive relief granted pursuant to this section shall not be stayed pending appeal.

Section § 1103

Explanation

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.

An employer or any other person or entity that violates this chapter is guilty of a misdemeanor punishable, in the case of an individual, by imprisonment in the county jail not to exceed one year or a fine not to exceed one thousand dollars ($1,000) or both that fine and imprisonment, or, in the case of a corporation, by a fine not to exceed five thousand dollars ($5,000).

Section § 1104

Explanation

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.

In all prosecutions under this chapter, the employer is responsible for the acts of his managers, officers, agents, and employees.

Section § 1105

Explanation

This law allows an employee who gets hurt because their employer broke labor rules to still sue the employer for damages.

Nothing in this chapter shall prevent the injured employee from recovering damages from his employer for injury suffered through a violation of this chapter.

Section § 1106

Explanation

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.

For purposes of Sections 1102.5, 1102.6, 1102.7, 1102.8, 1104, and 1105, “employee” includes, but is not limited to, any individual employed by the state or any subdivision thereof, any county, city, city and county, including any charter city or county, and any school district, community college district, municipal or public corporation, political subdivision, or the University of California.