A new law signed by Governor Newsom and effective January 1, 2024, will provide increased protection for employees from retaliation for engaging in any protected activity covered by the specified sections of California Labor Code sections 98.6, 1102.5, and 1197.5.
If an employee experiences an adverse employment action within 90 days of engaging in any protected activity, they are entitled to protection under the law. The Equal Pay and Anti-Retaliation Protection Act was born from the efforts of State Senator Lola Smallwood-Cuevas in February 2023. Her argument is that fear of retaliation is one of the biggest factors as to why employees do not report labor violations. This new law codifies the idea that the timing of an adverse employment action (such as not being promoted, being demoted or terminated) shifts the burden of proof to the employer to show that the employment action was not retaliation against the employee.
Section 98.6 of the California Labor Code takes a close look at employee rights under the Labor Code to report wage claims, claims arising from the employee’s political and civic rights, claims for recovery under the Private Attorneys General Act (PAGA) and filing a claim or participating in a proceeding relating to employee rights that are covered under the Labor Commissioner.[i]
This new law is an important reminder to employers that they must take employee complaints regarding alleged wage and hour claims, potential Labor Code violations, and unlawful retaliation against employees very seriously.
If you or someone you know has been a victim of retaliation in the workplace, call us for a FREE consultation at (888) 855-2505 or email us at info@gobolaw.com.