Labor & Employment Law Blog

Despite section 1102.5’s breadth, plaintiffs’ attorneys most often use section 1102.5 when the plaintiff employee does not fall into an otherwise protected category, such as under the ADA, ADEA, Title VII or the California Fair Employment and Housing Act.  From the plaintiffs’ bar, a major flaw in section 1102.5 has always been that there was no express provision that allowed for the recovery of attorneys’ fees—although they try various other theories to recover those fees. 

That will change effective January 1, 2021.  AB 1947 was introduced in January 2020 by Assembly Members Kalra and Gonzalez to amend section 1102.5 to provide that the “court is authorized to award reasonable attorney’s fees to a plaintiff who brings a successful action for a violation of these [1102.5] provisions.”  The Governor approved AB 1947 on September 30, 2020.

This attorneys’ fees clause will have substantial impact on the number of new lawsuits filed under section 1102.5.  As many employers learn at the wrong end of a jury verdict, the attorneys’ fees that have to be paid to the successful plaintiff’s attorney can well exceed the damages that must be paid to the plaintiff.  Additionally extensive litigation will likely ensue about whether this fee provision is retroactive. 

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