California Gov. Gavin Newsom recently signed into law the Equal Pay and Anti-Retaliation Protection Act. The new law amends California Labor Code sections 98.6, 1102.5, and 1197.5 to create a rebuttable presumption of retaliation if an employee experiences an adverse employment action within 90 days of engaging in any protected activity covered by the specified sections.
This new law, which will become effective on Jan. 1, 2024, also entitles a prevailing plaintiff to civil penalties for each violation.
Section 98.6 concerns the exercise of employee rights afforded under the state Labor Code, including engaging in protected conduct related to wage claims, claims arising from violations of the employee's political and civic rights, claims for recovery via the Private Attorneys General Act (PAGA), and filing a claim or participating in a proceeding relating to employee rights that are under the jurisdiction of the Labor Commissioner.
Section 1102.5 concerns whistleblower activity and an employee's right to refuse to participate in conduct that would result in a violation of state or federal laws or regulations. Section 1197.5 concerns protected activity related to California's Equal Pay Act.
Background
State Senator Lola Smallwood-Cuevas introduced the bill in February. She claimed that the fear of retaliation is still one of the main reasons workers are afraid to report labor violations. She said many retaliation claims were dismissed in large part because the worker had...
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