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Lab. Code 1102.5

The following summaries are of recent published decisions of the California appellate courts, the Ninth Circuit, and the United States Supreme Court. The summaries are presented without regard to whether Severson & Werson represented a party in the case.

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City of Whittier v. Everest National Ins. Co. (2023) 2023 WL 8441663

This decision holds that some but not all claims for retaliation for whistleblowing activities, in violation of Lab. Code 1102.5, are not intentional acts for which insurance defense and indemnity is barred by Ins. Code 533.  In particular, under Lab. Code 1102.5(c), an employee is protected if he refuses to perform work duties if doing so is actually (not just… Read More

Brown v. City of Inglewood, 2023 Cal. App. LEXIS 501

While Lab. Code 1102.5 protects whistleblowers who are employees of a city or other governmental agency, the section does not apply to or protect elected governmental officials, like plaintiff who was a city treasurer.  By contrast, Lab. Code 3351 defines "employee" for purposes of the Workers Compensation Act to include all elected, paid public officers.  So the Workers Compensation Act… Read More