In a significant victory with broad implications for public entities across California, the Miller Barondess team—Mira Hashmall, Nadia Sarkis, Colin Rolfs, and Ellie Ruth—successfully defended the City of Inglewood in a high-profile case addressing whether elected public officials qualify as “employees” under California’s Labor Code whistleblower protection laws. On July 7, 2025, the California Supreme Court issued its Opinion, holding that elected officials are not employees for purposes of Labor Code section 1102.5(b).
The case stemmed from a lawsuit filed by Wanda Brown, Inglewood’s longtime elected City Treasurer, alleging whistleblower retaliation after the City Council reassigned some of her duties and adjusted her salary. Brown’s claims followed a series of public disputes with City leadership, including accusations concerning the use of public funds. The City argued that elected officials—who answer to voters rather than employers—should not be allowed to use employee protection statutes as a means of weaponizing political infighting.
Although the trial court partially denied the City’s anti-SLAPP motion to strike Brown’s claims, Miller Barondess prevailed on appeal, securing a reversal. The Court of Appeal held that elected officials have no claim for retaliation under Labor Code section 1102.5(b) because whistleblower protections were intended for public employees, not political officeholders. The California Supreme Court granted review to resolve this novel question.
Led by Mira Hashmall, who presented oral argument before the Supreme Court in April 2025, the Miller Barondess team conducted an extensive analysis of the legislative history of multiple whistleblower statutes dating back over a century to support the City’s position.
The California Supreme Court agreed with the firm’s statutory and public policy arguments, affirming that public officeholders are not “employees” under the Labor Code’s whistleblower protections. The Court’s opinion provides much-needed clarity in a previously unsettled area of law, ensuring that political disputes among elected officials do not give rise to employment retaliation claims. The ruling carries far-reaching implications for cities, counties, and other public agencies throughout California.