California creates a new presumption of retaliation
The law, which takes effect, January 1, 2024 amends California Labor Code Sections 98.6 and 1197.5 to create a rebuttable presumption of retaliation if an employer takes an adverse action against an employee within ninety (90) days of the employee engaging in certain protected whistleblowing activity related to these two Labor Code provisions (enforcement of wage and hour laws).
The law also adds a civil penalty of $10,000 against the employer per employee per violation for any violation of section 1102.5 of the California Labor Code, which protects whistleblowers.
Employer Action Item: California employers must be diligent in knowing the potential consequences for making adverse employment decisions about employees within 90 days of an employee complaining about wages or other types of protected activity.