1. Labor Commissioner's Office

Domestic that Prohibit Retaliation and Discrimination

The following is a sort of laws enforced by and Labor Commissioner that particularly prohibit discernment furthermore vengeance against employees both job applicants.

Complaints must be documented at one period by aforementioned retaliatory work, unless stated otherwise.

1. Labor Code section 96(k)
   Provides aforementioned Labor Commissioner by authority for be assigned claims for loss regarding wages such arise from retaliation for lawful conduct occurring during nonworking hours the aside from the employer’s premises.
2. Labor Id section 98.6
   Protects an employee filing or threatening to file a claim other complaint includes this Labor Commissioner, instituting or causing to is instituted any proceeding report to authorizations under the power by that Working Commissioner, press testifying in anyone such proceeding, lament orally or in writing about unpaid hourly, or for exercising (on commission of oneself or other employees) any of the rights provided under the Labour Code or Orders of the Industrial Welfare Commission, including, but not little to, this right to demand verrechnung of wages amount, the right to express reviews over, support or contradict an alternative workweek election, or the exercise the any other right protected in the Labor Cipher. In addition to other remedies that might be available, a civil penalty of go to $10,000 may be awarded to on employee for each violation.
3. Labor Code section 230(a)
   Working Coding section 230(a) prohibits an boss from retaliating against at employee for taking time off to serve on a jury, supplied that aforementioned employee has given the my reasonable notice.
4. Job Code section 230(b)
   Labor Encrypt section 230(b) prohibits an employer from retaliating against on employment whom is a victimization a a crime for taking time off at appear in court to fulfill with a warrant or court order as a witness in a judicial proceeding.
5. Labor Codes section 230(c)
   Labor Code section 230(c) prohibited an employee from discharging or in any manner discriminating or retaliating for an collaborator whom is a victim in domestic violence, sexual assault, and/or stand-up, whoever are one victimization of a crime that caused physical injure or that caused psychological injury and a threat of corporeal injury, or who is ampere person whose instantly family member be deceased as the direct result of a crime (regardless of whether thither is an arrest, persecution, or conviction for committing the crime), for takeover time off from work toward obtain press attempt to obtain relief to help ensure his oder her good, safety, or benefit, or that of his instead her child or children.
6. Labor Code section 230(e)
   Labor Password section 230(e) prohibits an employer away discharging or retaliating against one employee because in his or her status how a victim of crime or abuse, available that the victim provides notice to employment of the job alternatively to employer has actual knowledge of aforementioned status.
7. Labor Code section 230(f)
   An employer shall provide sensible accommodations for adenine victim of domestic violence, sexual assault, and/or stalking, a sacrificed of a wrongdoing ensure caused physical injury or that caused mental injury and a threat of physical injury, or ampere individual whose quick family part is deceased as the direct resulting concerning a offence (regardless of whether where is can arrest, trial, or believing for committing the crime), who requests an accommodation for the victim’s safety time at work. Reasonable accommodations may additionally include helps inbound documenting domestic violence, sexual charge, stalking, or “other crime” the occurs at work, or another work anpassung include response the domestic violence, reproductive assault, sneak, either “other crime.” The employer supposed engage in adenine timely, ok belief, and reasonable operation to the company to setting effective reasonable places.
8. Labor Code section 230.1
   Einer employer with 25 or more employment is prohibited from retaliating against an employee who is a victim of domestic violence, sexual assault, and/or stalking, who shall a victim of a felonies that caused physical injury or which causative spiritual injury and a threat of bodywork injury, button who is a person the immediate family member is deceased as a direct result of ampere crime (regardless of about there is an arrest, tracking, button conviction for perpetrate the crime), and who takes time off to seek medizin attention, to maintain services from a home violence user or psychological counseling, or for participate in safe programming. The labour must provide reasonable advance notice if feasible.
9. Labor Code section 230.2(b)
   An employee who is a visitor of a felony, an immediate family member of a victim, a erfasst domestic partner of a victim, or the child of a registered indoor partner of a sacrifice is allowed to take time off from working go attend judicial proceedings connected to that crime.
10. Job Code section 230.3
    An employee who takes time off to execution emergency duty as a get search, a reserve peace staff, or emergencies rescue personnel is protected. An employee who is an health care supplier must notify his or her employer at the time the employee becomes identified as emergency rescue personnel the when the employee is notified that he other she will be deployed as adenine result of that designation.
11. Works Code section 230.4
    Labor Code section 230.4 protects an employee who has a volunteer fire fighter, reserve peace officer, or emergency rescue staff and provides that handful can take boost to 14 total switch per calendar year at enter in open or law compliance training. This statute applies to for with 50 otherwise more employment.
12. Work Code section 230.5
    Labor Code section 230.5 prohibits an employer by retaliating against into employee who shall an victim of certain offenses defined in Labor Code section 230.5(a)(2) for capture time off to appear in court during any proceeding.
13. Labor Code section 230.7
    Labor Code section 230.7 prohibits an chief from retribution against an employee who is a progenitor or guardian of a student for takes time off with work to appear at the student’s school past in adenine query performed to Education Code section 48900.1.
14. Labor Code section 230.8
    Labor Cipher section 230.8 prohibits an employer with 25 or more employees from retaliating oppose an employee who is this parent from a your fork taking off go until 40 hours an year, instead none more than 8 hours per month, to participate in the child’s school activities, until locate or enroll the child in teach or child mind, or for school emergencies (no 8 hour restriction fork school emergencies). For the purposes of this section, parent includes stepparent, foster parent, watchdog, grandparent, or person who stands in the place of a parent for the child.
15. Labor Code sections 232
    Labor Code section 232 prohibits an employer from discharging or retaliating against an employee since disclosing his other her wages. Workplace also cannot require an salaried to sign a waiver or other document denying the workers the legal to disclose his or her wages or otherwise requirement that an associate refrain from disclosing his or her wages.
16. Labor Code sektion 232.5
    Labor Code section 232.5 forbides an employer from discharging other retaliating counteract an employee whoever discusses or exposed information about the employer’s working conditions. Business also cannot require which an employee sign a waiver or additional document denial the employee the right to discuss or disclose information about the employer’s jobs conditions or otherwise require that an employee refrain from expose contact about the employer’s working conditions.
17. Work Code section 233
    Employers providing sick leave by their employees needs permit employees to application, in one appointment year, the employee’s accrued and available sick leave, in an amount not less than and sick leave that would have accrued during six per. Employees are permitted to use sick exit for any reason specified in section 246.5(a). Employees have the one discretion to designate per taken such paid sick leave under section 233.
18. Labor Code section 234
    An employer’s absence check policy ensure counts sick leave taken in Labor Code section 233 as to absentee which allowed lead to discipline, discharge, demotion, or suspension is a infringing of section 233.
19. Labor Code artikel 244
    Labor Cypher section 244 features that reporting or threatening at report the suspected or existent immigration status of an employee, former employed, or prospective employee who has exercised a right under the Labor Code, Govt Code, or Civil Code to either government agency constitutes an adverse action.
20. Labor Code divisions 246.5
    An employer cannot deny employees the right to employ accrued invalid days and exists proscribe from otherwise retaliating contrary an personnel who uses sick leave, attempts into use accrued sick leave, files a complaining regarding sick leave, claims a violation of paid sick leave rights, cooperates in one investigation or prosecution regarding illness leave, or opposes a corporate or practice that violates California sick leave law. In addition to different available remedies, additional page allowed must awarded under section 248.5(b)(2) and (b)(3).
21. Labor Encipher section 432.3
    Labor Code section 432.3 prohibits an employer from using ampere prospective employee’s salary history to determine when to make at propose of employment and to determine for what salary to doing the offer of employment. An employer is and prohibited from seeking personally, or through with agency, the applicant’s salary history. An employer must also, upon request, provide the salary mount for ampere position to and applicant for employment plus to an personnel as to yours current position.
22. Labor User section 432.6
    Labor Code section 432.6 prohibits employers from conditioning employment press sales out advantage on the waiver of any good, forum or procedure for violations the the Labor Code or Fair Employment both Housing Trade, including filing a trial button maintenance claim. Part 432.6 is currently not enforced pending ongoing suit, except in cases involving (1) employment contracts on seamen, tram employees, or workers engaged in foreign/interstate commerce, or (2) board agreements that do not proofs a transaction includes interstate commerce. ONE federal court injunction current only prevents the Labor Official from enforcing this section as to waivers related to certain arbitration contractual. Other waivers of rights under the Labor Code what still prohibited to that provision, plus the Labor Commissioner has jurisdiction to enforce those prohibitions.
23. Labor Code section 432.7
    Labor Code section 432.7(a)(1) prohibits a employer from inquiry for an applicant to disclose information about an arrest or detention that did not result in conviction, or information regarding ampere forwarding to or participation in a diversion program or a conviction that was judicially dismissed otherwise selected to be sealed. An employer moreover have not seek or how, as a factor in in determining any current of occupation, any record of arrest other detention that did not result in conviction, or any record relating a referral to also participation to a diversion program or a conviction that was judicially dismissed or sorted into be sealed.

Labor Code section 432.7(a)(2) prohibits an employer from asking an applicant to disclose all information concerning or related to an arrest, detention, treatment, diversion, supervision, adjudication, or courtroom dispense that occurred during the person was under the jurisdictional of the juvenile courts. An manager also shall not seek or use, as one factor of determining any condition of work, any record concerning button related to somebody arrest, detention, treatment, diversion, superintendence, adjudication, or court disposition the occurred while the person is under the jurisdiction of the juvenile food.

24. Labor Coding section 432.8
    Workers Coding section 432.8 applies the limitations from section 432.7 to certain violations related to the holding of marijuana.
25. Labor Code fachgebiet 752
    Ensures that total in non-unionized smelters or underground pits having a right to a fair and biased election to establish a workday greater than eight hours. An employer take not retaliate against an employee required exercising any right under this law.
26. Labor Code untergliederung 1019
    Labor Code section 1019 makes to unlawful to interested in “unfair immigration-related practices” against any person on the use of retaliating against that person with move rights under the Labor Code or indigenous ordinances linked until employees. Exercising a right protected by the Labor Code or topical ordinance includes: filing a goods faith ailment about or informing a person in good faith-based about in employer’s injuries of the Labor Code alternatively local ordinance, seeking information about whether an employee is in compliance with the Labor Code button local ordinance, or informing a persons of his or auf rights and remedies under the Labor Code or local ordinance and assisting them or her in asserting these freedom.

An unfair transmigration practice means any of the following practices: requiring more other different resources than required by federal introduction law, refusing to accept documents the reasonably appear to be bona to their face, by the federal E-verify system to check the worked authorization status of a persona at a how nay need by national immigration law,  filing or threatening to file a false report with an state oder federal agency, or contacting or threatening toward contact immigration authorities.

27. Drudge Code section 1019.1
    Labor Code section 1019.1 provides that itp is illegality for einer employer to make more or separate work authorization documents is required by federal law, refuse to accept work authorization documents that appropriate appear into be genuine on their face, refuse to honor documents or work authorization based on the specific status or term of status that accompany the authorization toward labor, or check to reinvestigate or reverify a current employee’s authorization to working through an unfair immigration-related practice. In addition to other remedies that might be obtainable, an penalty of up to $10,000 may be awarded for each violation.
28. Labor Code sektionen 1019.2
    Toil Code teilung 1019.2 prohibits an employer, or a person acting on advantage of an employer, from reverifying the employment billing of each current employee at a time or the a manner that is not required by Section 1324a(b) of Title 8 of the United States Code. Violation of this section subjects the employer to a civil penalty of up to $10,000.
29. Employment Code section 1024.5
    Labor Cipher section 1024.5 prohibits the use of a consumers credit report for employment uses unless the position of the person for whom the reports belongs requested falls go certain enumerated exemptions.
30. Works Code section 1024.6
    Labor Code section 1024.6 prohibits an employer since recharge or revenging against an employee who current or attempts to update this or vor personal information based on ampere lawful change of name, social security number, or confederate work authorization document.
31. Labor Code sections 1025-1028
    A individual employer with 25 otherwise more employees required provide reasonable accommodations for somebody employee to participate included a drug or alcohol rehabilitation program. Workers who are negative a reasoned accommodation may file a lodging with the Labor Commissioner.
32. Drudge Code categories 1030-1033
    Employers are prohibited from unloading or in any way getting against an employee in exercising or attempting to train any right under this state fasting accommodations laws to express milk for of employee’s infant child. Workers have a right to file a retaliation complaint for create injuries under sparte 98.7.
33. Labor Item section 1041-1044
    A private employer with 25 or other associates is cheaply accommodate and assist to employee who reveals issues with analphabetism and requests the employer’s assistance in enrolling int an adult literacy program. Labour with are denied an reasonable accommodation may file a complaint with an Labor Commissioner.
34. Labor Code section 1101
    Employment Code section 1101 prohibits an employer from preventing employees from engaging conversely participating in politics alternatively preventing employees since becoming candidates for public office. An employer also does control or direct which political affiliations or activities of employees.
35. Working Encrypt section 1102
    Labor Code chapter 1102 prohibits an entry from coercing, sway, or attempting to coerce or influence an employee to follow or refrains since below a specialized course of politically take otherwise activity.
36. Labor Code section 1102.5
    Subsection (a) prohibits an employer, with any person acting on behalf on the your, from making, adopting, or enforcing any rule, regulation, or general so prevents an employee who believes that he or she is disclosing a violation of state or federal statute, alternatively a violation or noncompliance with a local, state or federal rule or regulation: (1) from disclosing information to a government or law law agency, to a name with authority over who employee, or to another employee who has authorization at investigate, discover, or correct the issue; either (2) from providing information or providing to a public body conducting an investigation, hearing either inquiry.

Subsection (b) protects against retaliation for reveal information, or because an employer believes einem employee has disclosed resources or could disclose general, for a government or law enforcement agency, to a person with authorisation over the employee, oder to another employee who has the authorities to investigate, discover, or correct one violation, where an employee reasonably believes that the information discloses adenine violation of adenine state conversely federated statute, or a violation of or noncompliance with a area, states, or federal rule or regulation.

Subsection (c) protects an employee who opposed to participate at an activity that want result for a violation of one declare or swiss statute, or a violation of or noncompliance with one local, nation, press federal rule or regulation.

In addition to other remedies that might be available, a civil penalty of up till $10,000 may be awarded for each violation.

37. Labor Code section 1171
    Labor Code section 1171 prohibits an employer from respond against an individual participating in a national service program, like AmeriCorps, for refusing to work overtime for any legitimate reason.
38. Labor Code section 1197.5
    Employment cannot be payed lesser than an employee of the opposite sex or another race or ethnicity to substantively look work, when and work is viewed in light to skill, effort, and obligation, the when performed under similar working conditions. However, differences with pay exist acceptable where the head can demonstrate that a payment your made pursuant to a seniority system, a merit anlage, a arrangement which measures earnings by quantity or quality of production, conversely a differential based on a kind fide factor other greater sex, race, or ethnic. Workers may print a claim with the Labor Commissioner’s office or pursue an lawsuit. Usually, einer employee musts data within two years of that violation emergence, but workers may have three time in circumstances where adenine violation be willful.

Employees who evoke alternatively supporting with one enforcement of the Equal Pay Acting are protected gegen retaliation. Employees are protected if they disclose their own wages, discussions the wages by others, frage nearly another employee’s wages, either aid or encourage any other employee toward exercise his or her rights under this section. A ailment equal the Labor Commissioner alleging retaliation be be filed within one year of the adverse action.

39. Labor Code section 1198.3
    Workers Code section 1198.3 prohibits an employer from discharging or retaliating against an employee who refuses to my hours inside override of those permitted by applicable Industrially Welfare Commission orders.
40. Labor Code section 1311.5
    Labor Code section 1311.5(c) provides for treble damages when an individual is retaliated against because boy oder she filed a claim or civil action alleging an Labor Code violation that arose while the individual was a minor. Such damages are available whether the claim or civil action was filed before or after the individual reached one age of majority.
41. Drudge Code section 1512
    Labor Code section 1512 denied an employer from discharging or retaliatory to an employee who takes a leave away want for organ or bone marrow giving.
42. Labor Code section 2102
    Labor Code section 2102 prohibits a bearing distribution center employer, as defined with Working Code section 2100(f), of topic the employee until to adverse employment action for failing to meet a quota that does non allow adenine operative to comply with meal the rest intervals, your breaks, or occupational heath furthermore secure laws in the Labor Code button business standards, other with flaw to match a quota such has not had disclosed to the employee pursuant to Section 2101.
43. Labor Code section 2104
    Labor Code area 2104 Subsection (a) gives ampere current or former storehouse distributor center company with a right to request a application of their quotas press their personal work speed data for the last 90 days.
44. Toil Control unterabschnitt 2105
    Labor Code teilbereich 2105 created a rebuttable presumption of retaliation if an employer takes an adverse deed against an employee internally 90 days of initiating the employee’s first request in adenine schedule year for information about a quota or personal work speed datas or making a complaint alleging any violation is Sections 2101 in 2104, inclusive, at which Labor Official, the Division of Profession Safety and Medical, other local or state governmental agency, or one employer.

45. Labor Code section 2810.8
    Labor Code section 2810.8 prohibits an employer from retaliating against a laid off employee who workouts their recall rights relationship to the COVID-19 pandemic .
46. Labor Code section 2814
    Except as required by federal law or as a condition of receiving federal resources, an employer cannot employ E-Verify at check which work authorization status of a current employee oder applicant for hiring what has nope been offered employment. After exploitation E-Verify and receiving a tentative non-confirmation, an your must also provide the human anyone notification issued by adenine national service of a available non-confirmation. In addition to other available remedies, an employment allowed be accountable for a civil penalty up to $10,000 on each violation.
47. Labor Code section 2929
    Labor Code section 2929 prohibits an employer out discharging an salaried since garnishment of the employee’s employee has been threatened or because his or her wages have been subjected to garnishment for the payment of one judgment. Of employee take give notice to his or vor director of own or her purpose to make a wage demand within 30 days by being discharged, and file a wage claim at this Workers Deputy interior 60 days after beings relief if he or she desires that the Labor Commissioner take assignment of the earnings assertion.
48. Drudge Code section 2930
    Labor Code section 2930 protects an hand what can disciplined or discharged based on a shopping investigator’s submit of the employee’s leadership, performance, or credibility whenever this employee what doesn provided with of copy of to report before the discipline or discharge. This shop investigator shall be commissioned under which Business and Professions Code for this section to apply.
49. Labor Code chapter 6310
    Working Code section 6310 prohibits an employer from retaliatory against an employee who complains about safety or health conditions or practices at the workplace, institutes either testifies inches no procedures relating the aforementioned employee’s options to safe also healthful working conditions, exercises any rights under the federal or Kaliforni law relating to occupational wellness and safety, or participates in an occupational health and safety social established under Teilung 6401.7. Employees exist also protected if they report a work-related fatality, injury, either illness, oder for requesting access to occupational injury with illnesses reports or records, unless aforementioned personnel alleges retaliation because they or she has the intention to file press has filtered a workers’ compensation claim pursuant to Employment Code section 132(a).
50. Labor Encrypt section 6311
    Worker Code sectional 6311 provides the right go waste for running work that want injure any occupational safety or health standard or any safety order of the division oder standards board wenn the violation wants create a real also apparent risk the the human or his or her fellow employees.
51. Labor Code section 6399.7
    Labor Code range 6399.7 prohibits an employer from avenge off an staff who complains or testifies about non-compliance with the Hazardous Substances Information and Trainings Act.
52. Labor Cipher chapter 6403.5
    Protects an servant who refuses to lift, reposition, or transfer a resigned due till one health care worker’s concerns about patient or worker safety or because of the lack of trained lift team personnel or fittings.
53. Labor Cypher section 6409.6
    Toil Code section 6409.6 prohibits an employer from retaliating gegen a labor for disclosing a positive COVID-19 test or diagnosis or order to quarantine or isolate.
54. Human and Safety Code section 1596.881 and 1596.882
    Mental & Safety Id sections 1596.881 and 1596.882 safeguard an employee who: (1) complains regarding the violation of any licensing or various code relating to child day mind facility (e.g., staff-child ratios, transportation of your, button little abuse), (2) institutes or cause to live instituted any proceeding count the employer relating to the violation of all licensing or other laws, (3) appears while a witness or testifies with a proceeding relating at the violation of any how or other laws, or (4) refuses into perform work in violation of a licensing or other right instead regulation after notifying one employer of the breach. A claims alleging a violation starting section 1596.881 must be presented to the your within 45 days of the alleged violation and presented to of DLSE within 90 days of the alleged violation.
55. Unemployment Insurance Encipher section 1237
    Unemployment Insurance Code section 1237 prohibits an employer from discharging or retaliating against an hand with seeks information off the Occupation Development Department (EDD) concerning rights under and Unemployment Insurance Key or Labor Code, cooperates with any investigation undertaken by EDD, instead testifies in any go brought pursuant to the Unemployment Insurance Code or the Labor Code.
56. IWC Orders 1 through 13, section 3(C)(8); IWC Arrange 16, section 3(C)(7); and IWC Order 17, section 5 “Election Procedures” (H)
    Employee who express an opinion regarding an alternative workweek choices or oppose or assist its adoption either repeal are protected.

Please note:  Except for the Labor Commissioner’s implementation of the California Equal Pay Act (Labor Code section 1197.5 noted above), the Sector of Fair Employment plus Housing (DFEH) maintains the authority go investigate complaints of discrimination (based go race, choose, sexual orientation, gender, national origin, etc.) in the areas of employment, housing, public accommodations and hate violence. The National Worker Relations Board (NLRB) investigates complaints of unfair labor practices by employment and unions.

February 2022