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Effective January 1, 2021, plaintiffs who bring whistleblower retaliation claims under California Labor Code section 1102.5 will be eligible to recover attorneys’ fees if they prevail. Labor Code section 1102.5 prohibits employers from retaliating against an employee who (1) discloses information the employee reasonably believes constitutes unlawful conduct to: a government agency/law enforcement, a person with authority over the employee, or another employee with authority to investigate/correct the alleged violation; or (2) testifies/provides information to an investigating governmental body. Until now, claims made under Section 1102.5 did not provide for an award of attorneys’ fees to a prevailing plaintiff, however AB 1947, signed into law by Governor Newsom amends Section 1102.5 to include subsection (j), which authorizes a court “to award reasonable attorney’s fees to a plaintiff who brings a successful action for a violation of these provisions.”

Section 1102.5 already provides a strong weapon for plaintiffs claiming retaliation. The ability to recover attorney’s fees will make claims brought under Section 1102.5 even more dangerous for employers.

This amendment underscores the need for employers to ensure they have compliant and fulsome internal complaint policies and processes in place. This is particularly true in the COVID era when employees may believe their employers have not complied in full with the various state and county health and workplace safety orders issued in California. Employee complaints should be tracked, investigated by trained investigators and documented appropriately. Complaint-related policies should make clear that employees who make good faith complaints about potentially unlawful conduct, or alleged violations of company policy, will not be subject to retaliation. The amendment to Section 1102.5 amplifies the importance for employers to remain ever vigilant in their compliance efforts.

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Photo of Timothy Long Timothy Long

Timothy Long, Co-Managing Shareholder of the Sacramento office, has deep experience litigating complex labor and employment issues, having served as lead counsel in multiple class, collective, and representative actions and advising on dozens more. Tim splits his time between GT’s Los Angeles and…

Timothy Long, Co-Managing Shareholder of the Sacramento office, has deep experience litigating complex labor and employment issues, having served as lead counsel in multiple class, collective, and representative actions and advising on dozens more. Tim splits his time between GT’s Los Angeles and Sacramento offices, and is Practice Group Leader of the Sacramento office’s Labor & Employment Practice. Tim’s clients have included a variety of financial institutions and entities, health care-related entities, airlines, retailers, high-tech companies, and transportation and logistics companies. Tim also advises private investment funds and their partners in disputes concerning the management of funds, removal of non-performing members, and disputes involving portfolio companies.

Tim has litigated virtually every wage-and-hour issue there is, including exemption, incentive compensation, independent contractor, off-the-clock, meal and rest, pay practice, and PAGA claims. He also has defeated class and collective certification (including at Stage One) in exemption, off-the-clock, and pay practice cases, and has defeated PAGA claims short of trial. Tim has also litigated a wide variety of discrimination, harassment, and retaliation claims, as well as wrongful termination, defamation, Anti-SLAPP, fraud, emotional distress, breach of contract, and other employment-related claims. Tim has both prosecuted and defended employers in trade secret and unfair business practices litigation. He has also resisted competitor efforts to enjoin the lawful practices of his clients.

Photo of Matthew J. Weber Matthew J. Weber

Matthew J. Weber represents employers in workplace matters, including virtually all types of employment litigation, with an emphasis in wage and hour class actions and Private Attorneys General Act (“PAGA”) actions. He also represents employers in single-plaintiff actions, including cases related to alleged

Matthew J. Weber represents employers in workplace matters, including virtually all types of employment litigation, with an emphasis in wage and hour class actions and Private Attorneys General Act (“PAGA”) actions. He also represents employers in single-plaintiff actions, including cases related to alleged discrimination, retaliation, wrongful termination, and harassment. Matthew has experience in state and federal court, as well as arbitration, and has deep experience in compelling matters to arbitration. Matthew is experienced in all stages of litigation, including initial investigations, pleading challenges, discovery, depositions, motions, and trial.

Matthew is an active member of the Labor and Employment community, regularly writing on wage and hour topics, including authoring wage and hour chapters/sections in a number of treatises/publications. Matthew counsels employers regarding employment policies, accommodations/leaves of absence, and exemption and independent contractor classification.