Whistleblower protection part I

The basics

Section 1102.5 of the California Labor Code affords “whistleblowers” (those who report unlawful activity) protections from retaliation. Employers need to handle such reports with care, and train their managers to respond appropriately as well. The statute protects even those employees that the employer merely believes disclosed or might disclose such information.

Whistleblower protection part II

What is adverse action and does timing prove a causal connection?

To establish a case for retaliation under Labor Code Section 1102.5, employees must show that they engaged in protected activity, the employer subjected them to adverse employment action(s), and that there is a causal link between the protected activity and the adverse action. So what is an adverse employment action?

The pitfalls of deducting expenses caused by lost or broken equipment from employee pay

We regularly receive inquiries from dealership clients as to whether they can deduct from an employee’s pay the expense caused by the employee’s loss or damage to Company equipment. This question often comes up in relation to electronic devices issued to employees by the dealership, (such as phones and other mobile devices), as well as vehicles and other equipment that employees use to perform their jobs. If the employer believes that the employee was careless or negligent in causing the damage or loss of the equipment, it may be tempting for the employer to simply deduct the expense or loss from the employee’s paycheck. But doing so is risky!!

Uniforms

What are an employer’s obligations?

Dealerships usually use uniforms for at least certain job positions to promote a professional image. There are certain rules applicable to uniform requirements that employers should keep in mind.