A longstanding but rarely tested corner of whistleblower law flew to the forefront this month in the form of a decision by the U.S. Supreme Court. We get into the specifics below, but here’s the underlying lesson: In today’s legal environment, whistleblowers benefit greatly from retaining counsel with a thorough understanding of the law and a solid track record of communicating with the U.S. Department of Justice. Understanding the decision requires a bit of background. We often help … [Read more...]
Is Your Employer Protecting You Against Rising Summer Temps? California Says It’s the Law
As California marches into its hottest months of the year — accompanied by predictions of above-normal temperatures — people whose livelihoods happen outdoors face potentially life-threatening dangers from exposure to that heat. Whether they’re harvesting produce, working in construction, or landscaping, California’s outdoor workers deserve basic protections from their employers. The Golden State boasts some of the nation’s strongest heat laws; the state has been tweaking them over the … [Read more...]
California Law Protects Whistleblowers Even if Employer Already Knew About Complaints
The California Supreme Court this month ruled that employees who report labor law violations to an employer or agency that already knew about the violation is a protected disclosure under state whistleblower law. The ruling in a case brought by the state’s Labor Commissioner means that whistleblowers who report “already known” violations are subject to anti-retaliation protection. The state’s Labor Code prohibits employers from retaliating against employees for “disclosing information” … [Read more...]
Whistleblowers Can Help Fight Fraud – and Climate Change – At the Same Time
We’ve told you before about the potential for fraud in government programs intended to protect the “Blue Economy” and how the False Claims Act enables whistleblowers to report wasteful spending on federal programs designed to protect the environment. However, other whistleblower programs besides the FCA can help safeguard the environment, even if the individuals or corporations involved aren’t contracted by the federal government. Blowing the whistle on shipping pollution The … [Read more...]
Ruling against San Francisco Hotel Shows How Companies Can Withhold Gratuities from Tipped Workers
Do you work as a server in a restaurant or banquet hall where your customers are charged a “service fee” on their bills? In California, if customers reasonably understand the service fee to be a gratuity, and haven’t been informed to the contrary, servers are entitled to the full amount of the fee paid by patrons as a tip. A recent case, Ordono et al v. Marriott International Inc., shows how employers can violate this law. A California Superior Court judge ruled this month that the San … [Read more...]
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