Employment Law Blog

Filter:  Labor Code § 1102.5

Wage and Hour Class Action Mediation Brief

Section 510 of the Labor Code and the applicable IWC Wage Order require employers to pay overtime for hours worked beyond eight in a day and forty in a week (and double-time as provided in the statute and Wage Order).

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Safety for Employees in the Workplace

An employee is protected against discharge or discrimination for complaining in good faith about working conditions or practices which he reasonably believes to be unsafe, whether or not an actual law was being violated. Labor Code § 6310; Hentzel v. Singer Co. (1982) 138 Cal.App.3d 290, 299–300; Green v. Ralee Eng’g Co. (1998) 19 Cal.4th 66, 87; Freund v. Nycomed Amersham (9th Cir. 2003) 347 F.3d 752, 759; Cabesuela v. Browning-Ferris Industries of California, Inc. (1998) 68 Cal.App.4th 101, 109. Thus, it is immaterial if the practice was actually unsafe or whether there was an OSHA standard that was actually being violated. The employee need only have complained in good faith about the working conditions or practices.

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Unlawful Termination in California: Whistleblowing and Disability

It is the public policy of California that workers not be fired based on their disability, because they have reported illegal activity, or because they have refused to participate in illegal activity.
California Labor Code section 1102.5(b) prohibits an employer from retaliating against an employee for reporting to a government agency any activities that he reasonably believes to violate a state or federal statute.  Labor Code §1102.5 further prohibits retaliation for refusing to participate in any action that would lead to the violation of any state or federal statute. It is illegal to perform contracting work in California without a license (See, e.g. Bus. & Prof. Code§7028). Insurance Fraud is a crime under both Federal and State law (18 U.S.C. §§1341, 1343; Cal. Ins. Code §§1871, et seq.).

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