California Whistleblower Notice Mandatory

The	 Division	 of	 Labor	 Standards	 Enforcement	 believes	 that	 the	 sample	 posting	 below	 meets	 the	 requirements	 of	 Labor	 	
Code	 Section	 1102.8(a).	 This	 document	 must	 be	 printed	 to 8.5	 x 14 inch	 paper	 with	 margins	 no	 larger	 than	 one-half	 inch	 	
in order	 to conform	 to the	 statutory	 requirement	 that	 the	 lettering	 be	 larger	 than	 size	 14 point	 type.	
WHISTLEBLOWERS	 ARE	 PROTECTED	
It is the	 public	 policy	 of	 the	 State	 of	 California	 to encourage	 employees	 to notify	 an	 appropriate	 	
government	 or	 law	 enforcement	 agency,	 person	 with	 authority	 over	 the	 employee,	 or	 another	 	
employee	 with	 authority	 to investigate,	 discover,	 or	 correct	 the	 violation	 or	 noncompliance,	 and	 to 	
provide	 information	 to and	 testify	 before	 a public	 body	 conducting	 an	 investigation,	 hearing	 or	 inquiry,	 	
when	 they	 have	 reason	 to believe	 their	 employer	 is violating	 a state	 or	 federal	 statute,	 or	 violating	 or	 
not	
 complying	 with	 a local,	 state	 or	 federal	 rule	 or	 regulation.	
Who	 is protected?	
Pursuant	 to California	 Labor	 Code	 Section	 1102.5	, employees	 are	 the	 protected	 class	 of	 individuals.	 	
“Employee	” means	 any	 person	 employed	 by	 an	 employer,	 private	 or	 public,	 including,	 but	 not	 limited	 	
to,	 individuals	 employed	 by	 the	 state	 or	 any	 subdivision	 thereof,	 any	 county,	 city,	 city	 and	 county,	 	
including	 any	 charter	 city	 or	 county,	 and	 any	 school	 district,	 community	 college	 district,	 municipal	 or	 	
public	 corporation,	 political	 subdivision,	 or	 the	 University	 of	 California.	 [California	 Labor	 Code	 Section	 	
1106	]	
What	 is a whistleblower?	
A “whistleblower	” is an	 employee	 who	 discloses	 information	 to a government	 or	 law	 enforcement	 	
agency,	 person	 with	 authority	 over	 the	 employee,	 or	 to another	 employee	 with	 authority	 to investigate,	 	
discover,	 or	 correct	 the	 violation	 or	 noncompliance,	 or	 who	 provides	 information	 to or	 testifies	 before	 a 	
public	 body	 conducting	 an	 investigation,	 hearing	 or	 inquiry,	 	where	 the	 employee	 has	 reasonable	 	
cause	 to believe	 that	 the	 information	 discloses:	
1. 	A violation	 of	 a state	 or	 federal	 statute,	
2. 	A violation	 or	 noncompliance	 with	 a local,	 state	 or	 federal	 rule	 or	 regulation,	 or	
3. 	With	 reference	 to employee	 safety	 or	 health,	 unsafe	 working	 conditions	 or	 work	 practices	 in the 	
employee	’s employment	 or	 place	 of	 employment.	
A whistleblower	 can	 also	 be	 an	 employee	 who	 refuses	 to participate	 in an	 activity	 that	 would	 result	 in a 	
violation	 of	 a state	 or	 federal	 statute,	 or	 a violation	 of	 or	 noncompliance	 with	 a local,	 state	 or	 federal	 	
rule	 or	 regulation.	
What	 protections	 are	 afforded	 to	 whistleblowers?	
1. 	An	 employer	 may	 not	 make,	 adopt,	 or	 enforce	 any	 rule,	 regulation,	 or	 policy	 preventing	 an	 	
employee	 from	 being	 a whistleblower.	
2. 	An	 employer	 may	 not	 retaliate	 against	 an	 employee	 who	 is a whistleblower.	
3. 	An	 employer	 may	 not	 retaliate	 against	 an	 employee	 for	 refusing	 to participate	 in an	 activity	 that	 	
would	 result	 in a violation	 of	 a state	 or	 federal	 statute,	 or	 a violation	 or	 noncompliance	 with	 a 	
state	 or	 federal	 rule	 or	 regulation.	
4. 	An	 employer	 may	 not	 retaliate	 against	 an	 employee	 for	 having	 exercised	 his	 or	 her	 rights	 as	 a 	
whistleblower	 in any	 former	 employment.	
Under	 California	 Labor	 Code	 Section	 1102.5	, if an	 employer	 retaliates	 against	 a whistleblower,	 the 	
employer	 may	 be	 required	 to reinstate	 the	 employee	’s employment	 and	 work	 benefits,	 pay	 lost	 wages,	 	
and	 take	 other	 steps	 necessary	 to comply	 with	 the	 law.	
How	 to	 report	 improper	 acts	
If you	 have	 information	 regarding	 possible	 violations	 of	 state	 or	 federal	 statutes,	 rules,	 or	 regulations,	 	
or	 violations	 of	 fiduciary	 responsibility	 by	 a corporation	 or	 limited	 liability	 company	 to its	 shareholders,	 	
investors,	 or	 employees,	 call	 the	 California	 State	 Attorney	 General	’s Whistleblower	 Hotline	 at	 	
1-800-952-5225	. The	 Attorney	 General	 will	 refer	 your	 call	 to the	 appropriate	 government	 authority	 for	 	
review	 and	 possible	 investigation.