Retaliation

There are numerous provisions in the labor code that prohibit and protect against retaliation. Below is a list of some of the most notable protections.

• Labor Code 96(k) protects employees for loss of wages that may occur as the result of demotion, suspension, or discharge from employment for lawful conduct occurring during nonworking hours away from the employer’s premises. For example, this protects employees from being retaliated against for engaging in political speech outside of the workplace.
• Labor Code 98.6 protects an employee from filing or threatening to file a claim or complaint with the Labor Commissioner, or testifying in any such proceeding, complaining orally or in writing about unpaid wages, or for exercising (on behalf of oneself or other employees) any of the rights provided under the Labor Code or Orders of the Industrial Welfare Commission. This statute also protects an employee who is a family member of a person who has or is perceived to have engaged in any protected conduct.
• Labor Code 230(a) prohibits an employer from terminating or retaliating against an employee for taking time off to serve on a jury, provided the employee provides reasonable notice to the employer.
• Labor Code 230(b) prohibits an employer from terminating or retaliating against an employee who is a victim of a crime to take time off to appear in court to comply with a subpoena or other court order as a witness to a judicial proceeding.
• Labor Code 230(c) prohibits an employer from terminating or retaliating against an employee who is a victim of domestic violence, sexual assault and/or stalking for taking time off from work to obtain relief to ensure the employee’s health, safety or welfare, of that of the employee’s children.
• Labor Code 230.3 prohibits an employer from terminating or retaliating against an employee who takes time off from work to perform emergency duty as a volunteer firefighter, a reserve peace officer, or an officer, employee, or member of a disaster medical response entity sponsored or requested by the State, subject to certain requirements.
• Labor Code 230.8 prohibits an employer from terminating or retaliating against an employee who is a parent (including stepparent, foster parent, or person who stands in loco parentis to the child), guardian, or grandparent, and who is employed by an employer who employs 25 or more employees, for taking time off from work (up to 40 hours each year, not exceeding eight hours in any calendar month) to participate in activities of the child’s school, for school emergencies, or to locate or enroll the child in school or with a child care provider.
• Labor Code 232(a) and 232(b) prohibits an employer from terminating or retaliating against an employee for disclosing or discussing wages with other employees
• Labor Code 1030-1033 prohibits an employer from terminating or retaliating against an employee for requesting a lactation accommodation or who attempts to express breast milk. The employer shall make reasonable efforts to provide the employee with the use of a room or other location, other than a toilet stall, in close proximity to the employee’s work area, for the employee to express milk in private
• Labor Code 1102.5 prohibits an employer from terminating or retaliating against an employee for refusing to participate in activity that would result in a violation of state or federal statute, or for disclosing information to a government or law enforcement agency of what the employee reasonably believes is a violation of state or federal statue, or a violation of or noncompliance with a local, state or federal regulation.
• Labor Code 6310 prohibits an employer from terminating or retaliating against an employee who complains about the safety or health conditions or practices of an employer.