https://www.sfchronicle.com/bayarea/article/Google-employees-allowed-to-sue-tech-giant-for-16527840.php Skip to main content Currently Reading Google employees allowed to sue tech giant for bans on talking about wages, working conditions * Subscribe Subscribe * e-edition * Sign In * [ ] * Climate + Drought + Fire Tracker + Quake Tracker + Drought Map + Air Quality Tracker + Wildfires * Video & Visuals * Subscribe * About Us + Newsroom News + Chronicle Store + Season of Sharing + Terms of Use + Privacy Notice + Do Not Sell My Info + Advertise With Us * Bay Area + Data + Housing Crisis + PG&E + Transit + SF Homeless Project + COVID-19 Map + San Francisco + COVID-19 + Crime + Health * Sports + Giants + Warriors + 49ers + A's + Sharks + High School + College * Politics + Recall Election + Election Results + Voter Guide * Tech + VisionSF * US & World + California * Opinions * Food + Top Wineries + Top Restaurants + Restaurants + Wine, Beer & Spirits * Travel + Outdoors + Tahoe * Vault: Archive * Podcasts + The Doodler + Chronicled + Extra Spicy + Fifth & Mission + Total SF + It's All Political + A's Plus + Warriors Off Court + Giants Splash * Obituaries * In-Depth * Real Estate + Find a Home * Datebook + Movies & TV + Music + Theater + Art & Exhibits + Dance + Classical + Books + Festivals * Membership + Newsletters + About Membership + Exclusive offers + Join Now + e-edition + App + Manage my account * Comics & Puzzles + Bad Reporter + Quizzes Most Popular * Regional administrator Cliff Morrison was sick with COVID-19 in March 2020 and now struggles with neurological issues he attributes to having had the virus. 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Kris Tripplaar/TNS The U.S. Supreme Court cleared the way Tuesday for current and former Google employees to sue the Mountain View tech giant for allegedly forbidding them to speak to the news media or prospective employers about Google's wages and working conditions. The suit was filed in 2016 by a Google product manager, under the name of John Doe, and joined by two former employees. They said the confidentiality agreements that all employees were required to sign prevented them from discussing unsafe or discriminatory working conditions -- with regulatory officials, the press, members of the public or even one another -- and also barred them from disclosing their wages when negotiating with a potential new employer. Google denied imposing such restrictions. A company spokesperson told Reuters in 2016 that the confidentiality pledges were aimed at protecting sensitive business information, not to prevent discussion of working conditions. While the case was pending, the National Labor Relations Board filed its own suit against Google, which agreed to post a notice for 60 days assuring employees they had the right "to discuss wages, hours and working conditions with other employees, the press/media, and other third parties." More for you * Newsom signs new laws to ease California's strict criminal sentencing system * In win for YouTube, Trump censorship lawsuit heads to Bay Area In seeking to dismiss the employees' lawsuit, Google argued that its working conditions were regulated exclusively by the national labor board under federal law. A San Francisco Superior Court judge agreed but was overruled in September 2020 by the state's First District Court of Appeal in San Francisco. Even if the company posted the notice that the federal labor board required, employees can still seek damages for any violations of California labor laws, the appeals court said in a 2-1 ruling. The state Supreme Court denied review of the case, and on Tuesday, the nation's high court also rejected Google's appeal, without any written comment or indication of dissent. In the appeals court ruling, Justice Alison Tucher said the state law can be used to challenge practices that federal law does not address -- for example, the national labor law does not protect employees against a company's prohibition of disclosing its practices to a competitor while seeking new employment, or against its ban on telling government officials about the company's alleged violations of securities laws. The California law allowing employees to disclose their wages, Tucher said, was sponsored by women's groups to aid in enforcement of laws against sex discrimination. U.S. labor law is intended to protect workers' right to organize and form unions, Tucher said, while "California law disapproves such policies for a different reason: because they interfere with every employee's right to bring workplace issues to the attention of supervisors, state agencies, courts and the public." Drought Map Track water shortages and restrictions across Bay Area Check the water shortage status of your area, plus see reservoir levels and a list of restrictions for the Bay Area's largest water districts. Presiding Justice Stuart Pollak joined Tucher's opinion. In dissent, Justice Tracie Brown said the state laws that the suit invoked had the same purpose as federal labor laws: "to allow employees to take action to improve their wages and working conditions." In seeking U.S. Supreme Court review, Google cited the court's 1986 ruling that said states cannot seek additional penalties for conduct prohibited by the National Labor Relations Act. The current lawsuit "is a quest for penalties, and nothing but penalties," the company's lawyers said. The case is Google vs. Doe, 20-1744. Bob Egelko is a San Francisco Chronicle staff writer. Email: begelko@sfchronicle.com Twitter; @BobEgelko Fifth & Mission The Chronicle's flagship news podcast. Listen and subscribe on your favorite app. Click the player below for the latest episode. * Drought Map Track water shortages and restrictions across Bay Area Check the water shortage status of your area, plus see reservoir levels and a list of restrictions for the Bay Area's largest water districts. Written By Bob Egelko Reach Bob on Bob Egelko has been a reporter since June 1970. He spent 30 years with the Associated Press, covering news, politics and occasionally sports in Los Angeles, San Diego and Sacramento, and legal affairs in San Francisco from 1984 onward. He worked for the San Francisco Examiner for five months in 2000, then joined The Chronicle in November 2000. His beat includes state and federal courts in California, the Supreme Court and the State Bar. He has a law degree from McGeorge School of Law in Sacramento and is a member of the bar. Coverage has included the passage of Proposition 13 in 1978, the appointment of Rose Bird to the state Supreme Court and her removal by the voters, the death penalty in California and the battles over gay rights and same-sex marriage. View Comments Top of the News * Poll finds more than half of Bay Area residents plan to leave. Why? High housing costs, unaddressed social ills and climate concerns are all pushing local residents to look elsewhere for opportunity. By Lauren Hepler * Lake Tahoe has fallen to an alarmingly low level. What's the impact? By Gregory Thomas PG&E warns more shut-offs could come this week, including in Bay Area By Jessica Flores Big earthquakes recently hit Hawaii, Alaska -- what it means for California By Gwendolyn Wu What's the risk of dropping mask now that S.F., Marin loosening mandates? By Kellie Hwang * * * * Return to Top * About + Our Company + Privacy Notice /Notice At Collection + Your California Privacy Rights + Interest Based Ads + Terms of Use + Careers + Advertising * Newsroom + Ethics Policy + How We Cover Politics + Endorsement Process + News Tips + Newsroom News * Contact + Customer Service + FAQ + Newsroom Contacts * CCPA + Do Not Sell My Personal Information * Services + Subscriber Services + e-Edition + Reprints & Permissions + Corporate Subscriptions + App + Archives + Membership + Store + Subscription Offers + sfgate.com HEARST newspapers logo (c)2021 Hearst