THE GOOGLE/ADECCO GAG RULES CASE

California law establishes, as a minimum employment standard, an employee anti-gag rule.  Doe v. Google, 54 Cal.App.5th 948 (2020). Employees have the right to compete, the right to whistle blow, and the right to freedom of speech.  They have the right to discuss and disclose information about wages, working conditions, and unlawful conduct, and they have right to engage in political activity and speech.  See Labor Code § 232, 232.5, 1101, 1102, 1102.5, and 1197.5(k); Government Code § 12964.5.  They also have the right to practice their trade and profession.  Business & Professions Code §§ 16600, 16600.1.  Employment contracts or policies with overbroad confidentiality or speech suppression provisions, as well restrictions on solicitation or seeking work with other employers, infringe that right.  See California Judge rules Google’s confidentiality agreements break labor law. 

In Doe v. Google, the plaintiffs filed a lawsuit against Google and Adecco alleging that these companies’ policies, contracts, exit certifications, training programs, and other practices violated California’s employee anti-gag rule.  The consequential and pioneering lawsuit helped spark “a profound change in Silicon Valley culture.”

The case against Adecco is ongoing and has not been resolved. 

If you are or were an Adecco employee who worked at Google, or for another Adecco client, and have information about these companies’ confidentiality and speech rules, policies, agreements, training programs, or practices,  or if you would like to share how these working conditions have affected you or others, please send us a message using the on-line form on this webpage.  You can also contact us at 415-433-1064, cbaker@bakerlp.com, or mfrandsen@outtengolden.com. 

As for Google’s permanent employees, on December 4, 2023, the San Francisco Superior Court approved the largest PAGA-only settlement in history against Google.  In addition to paying $27,000,000 in penalties, the Court-ordered settlement also required the issuance of a detailed notice to almost 100,000 of Google’s permanent employees setting forth their speech and competition rights and stating Google would not retaliate against employees for exercising their rights. 

If you are a Google employee and have questions about your inclusion in the settlement, please contact GooglePAGAsettlement@rustconsulting.com.  Do not contact the Court.  

Below are hyperlinks to the important pleadings in the case.