Previously, the Labor Commissioner could not prosecute many retaliation claims because it was difficult for workers to show that the employer’s motivation for taking negative action was because the worker exercised their rights. SB 497 created a rebuttable presumption that a negative action against an employee is retaliatory if it occurs within 90 days of reporting a labor or equal pay violation, making many retaliation claims more viable. Additionally, whistleblowers who experience retaliation can now collect a penalty of up to $10,000 from lawbreaking employers, which previously went to the state.
Full Bill or Law Text:
SB 497