Monthly Archives: August 2023

California Supreme Court: Section 1102.5(b) of the California Labor Code Prohibits Whistleblower Retaliation

The Supreme Court of California issue an opinion on May 22nd, 2023, stating plainly at the start of the opinion that: “The Labor Code prohibits employers from retaliating against employees for disclosing information concerning suspected violations of the law either internally or to government or law enforcement agencies. (Lab. Code, § 1102.5, subd. (b) (section 1102.5(b)); all undesignated statutory references are to the Labor Code.) Violators are subject to various sanctions, including civil penalties remitted to the Division of Labor Standards Enforcement (DLSE) of the Department of Industrial Relations.”

“Dark Patterns” Making Online Subscriptions Harder to Cancel Draws Lawsuits, Settlements and Government Scrutiny

A “dark pattern” is a user experience design (UX) that makes it harder to cancel an ongoing paid service with an online service provider, or fail to recognize you are signing up for auto renewals or other expenses.

The Federal Trade Commission (FTC) has launched lawsuits and settled with some defendants, while plaintiffs in California and other states are suing to recover alleged money lost after subscriptions continued despite attempts to cancel a service.