California has some of the toughest labor laws in the country, and recent updates show the state’s commitment to protecting workers holds true. However, these laws can’t do much to protect workers if they don’t know their options. If you have recently experienced an adverse employment action or have concerns that your employer is otherwise violating California labor laws, you may benefit from speaking with a San Francisco workplace retaliation attorney to help determine if you have been the victim of retaliation. If so, the Armstrong Law Firm can work with you to fight for the compensation you deserve and accountability for your employer.
Barriers Before the Equal Pay and Anti-Retaliation Protection Act
The 2023 Equal Pay and Anti-Retaliation Protection Act is an update to existing California labor codes. California is known to be the best state to be an employee in the United States. While previous laws were set up to protect workers, employees faced significant challenges utilizing those protections. This was largely because it was so hard to establish a connection between events to support that retaliatory behavior was, in fact, retaliatory. This includes:
- Employer engaged in an activity that is protected to report
- The employee experienced a negative employment action (demotion or termination)
- The negative action was related to the report
This can become even more muddy if there is any validity to the disciplinary action. The employee may have been granted the opportunity to establish that the report was the catalyst for finding behavior to discipline, but that was also very difficult for most. These challenges prevented employees from coming forward, allowing employers to get away with breaking established labor laws.
California Retaliation Law Modifications
In January 2024, California legislators made a few much-needed addendums to the current labor code. Some of the most notable changes in Bill No. 497 include an adjustment to the burden of proof. This burden is being moved to the employer to show that any action taken was appropriate for the employee’s work performance. The bill creates a rebuttal presumption that would be in favor of the employee if any of the action takes place within 90 days of the employee’s protected conduct or report.
In addition to adjusting the burden of proof to benefit the reporting employee, the bill enhances the penalties for violating these laws. The bill suggests that, in addition to other remedies like restoring the position and back pay, the employer may be held to civil fines up to $10,000 per employee per violation. The amount would be determined by the labor commissioner and Department of Industrial Relations to determine the amounts to be paid to each affected employee. This amount will be determined according to the severity of the violation and its effect on the employee.
These addendums are meant to eliminate some of the most significant reporting concerns of employees who are being exploited or mistreated by employers. This bill, in addition to many other new employment laws implemented in 2024, may add clarity to the expectations California has for how employers should conduct themselves regarding their employees. When that doesn’t happen, employees have better and clearer protections against problems like retaliation, discrimination, and wrongful termination. Speak with our San Francisco employment attorney for help with any of these types of cases.