Laws that Prohibit Retaliation and Discrimination

The following is a list of laws enforced by the Labor Commissioner that specifically prohibit discrimination and retaliation against employees and job applicants.

Complaints must be filed within one year of the retaliatory act, unless stated otherwise.

  1. Labor Code section 96(k)
    Provides the Labor Commissioner with authority to be assigned claims for loss of wages that arise from retaliation for lawful conduct during nonworking hours and away from the employer’s premises.
  2. Labor Code section 98.6
    Protects an employee or applicant for employment from retaliation for filing a bona fide complaint or claim or instituting or causing to be instituted any proceeding under or relating to their rights under the jurisdiction of the Labor Commissioner, making a written or oral complaint they are owed unpaid wages, exercising on behalf of themselves or others any rights afforded them under the Labor Code, and more. Provides a rebuttable presumption of unlawful retaliation if an employer engages in any action prohibited by this section within 90 days of the protected activity specified in this section. Provides a penalty of up to $10,000 per employee for each violation to be awarded to each employee who suffered the violation.
  3. Labor Code section 230(a) (violations that occurred on or before December 31, 2024)
    Protects an employee from retaliation for taking time off to serve on a jury, if the employee gave the employer reasonable notice before taking the time off. Starting January 1, 2025, retaliation protections for employees who serve on juries are now under the Fair Employment and Housing Act, Government Code section 12945.8. Contact the Civil Rights Department with any questions.
  4. Labor Code section 230(b) (violations that occurred on or before December 31, 2024)
    Prohibits an employer from retaliating against an employee, including an employee who is a victim of a crime, for taking time off to appear in court to comply with a subpoena or other court order as a witness in a judicial proceeding. Starting January 1, 2025, retaliation protections for employees who take time off to comply with a subpoena are now under the Fair Employment and Housing Act, Government Code section 12945.8. Contact the Civil Rights Department with any questions.
  5. Labor Code section 230(c) (violations that occurred on or before December 31, 2024)
    Prohibits an employer from retaliating against an employee who is (1) a victim of domestic violence, sexual assault, or stalking, (2) a victim of a crime that caused physical injury, or that caused mental injury and a threat of physical injury, or (3) a person whose immediate family member is deceased as the direct result of a crime (regardless of whether any person is an arrested, prosecuted, or convicted for committing the crime), for taking time off from work to obtain or try to obtain any relief, including relief to help ensure their health, safety, or welfare, or that of their child or children, if the employee gave the employer reasonable notice or provided sufficient certification within a reasonable time of an unscheduled absence. Starting January 1, 2025, retaliation protections for employees who are victims of crime or abuse are now under the Fair Employment and Housing Act, Government Code section 12945.8. Contact the Civil Rights Department with any questions.
  6. Labor Code section 230(e) (violations that occurred on or before December 31, 2024)
    Prohibits an employer from retaliating against an employee because of their status as a victim of crime or abuse, if the employee notified the employer about their status or the employer has actual notice of the status. Starting January 1, 2025, retaliation protections for employees who are victims of crime or abuse are now under the Fair Employment and Housing Act, Government Code section 12945.8. Contact the Civil Rights Department with any questions.
  7. Labor Code section 230(f) (violations that occurred on or before December 31, 2024)
    Requires an employer to provide reasonable accommodations for a victim of domestic violence, sexual assault, or stalking, who requests an accommodation for the employee’s safety while at work. Provides that reasonable accommodations may include the implementation of safety measures, including a transfer, reassignment, changed schedule, changed work telephone, changed work station, installed lock, assistance in documenting domestic violence, sexual assault, stalking, or “other crime” that occurs in the workplace, an implemented safety procedure, or another change to a job structure, workplace facility, or work requirement in response to domestic violence, sexual assault, stalking, or “other crime,” or referral to a victim assistance organization. Requires an employer to engage in a timely, good faith, and interactive process with an employee to determine effective reasonable accommodations. Starting January 1, 2025, retaliation protections for employees who are victims of crime or abuse are now under the Fair Employment and Housing Act, Government Code section 12945.8. Contact the Civil Rights Department with any questions.
  8. Labor Code section 230.1 (violations that occurred on or before December 31, 2024)
    Prohibits an employer with 25 or more employees from retaliating against an employee who is (1) a victim of domestic violence, sexual assault, or stalking, (2) a victim of a crime that caused physical injury, or that caused mental injury and a threat of physical injury, or (3) a person whose immediate family member is deceased because of a crime (regardless of whether any person is an arrested, prosecuted, or convicted for committing the crime), for taking time off to seek medical attention, to obtain services from a domestic violence shelter, program, rape crisis center, or victim services organization or agency, to obtain psychological counseling or mental health services, or to participate in safety planning, if the employee gave their employer reasonable notice or provided sufficient certification within a reasonable time of an unscheduled absence. Starting January 1, 2025, retaliation protections for employees who are victims of crime or abuse are now under the Fair Employment and Housing Act, Government Code section 12945.8. Contact the Civil Rights Department with any questions.
  9. Labor Code section 230.2(b) (violations that occurred on or before December 31, 2025)
    Allows an employee who is (1) a victim of a crime, (2) an immediate family member of a victim, (3) a registered domestic partner of a victim, or (4) the child of a registered domestic partner of a victim to take time off from work to attend judicial proceedings related to that crime. Starting January 1, 2026, retaliation protections for employees who are victims or family members of victims of crime are now under the Fair Employment and Housing Act, Government Code section 12945.8. Contact the Civil Rights Department with any questions.
  10. Labor Code section 230.3
    Protects an employee from retaliation for taking time off to perform emergency duty as a volunteer firefighter, a reserve peace officer, or emergency rescue personnel. Requires an employee who is a health care provider to notify their employer when the employee becomes designated as emergency rescue personnel and when the employee is notified that they will be deployed because of that designation.
  11. Labor Code section 230.4
    Allows an employee who performs duty as a volunteer fire fighter, reserve peace officer, or emergency rescue personnel, and who works for an employer employing 50 or more employees, to take up to 14 days off per calendar year to engage in fire, law enforcement, or emergency rescue training.
  12. Labor Code section 230.5 (violations that occurred on or before December 31, 2025)
    Protects an employee who is a victim of certain offenses identified in Labor Code section 230.5(a)(2) from retaliation for taking time off from work to appear in court to be heard at any proceeding, if the employee gave their employer reasonable notice or provided sufficient certification within a reasonable time of an unscheduled absence. Starting January 1, 2026, retaliation protections for employees who are victims of crime are now under the Fair Employment and Housing Act, Government Code section 12945.8. Contact the Civil Rights Department with any questions.
  13. Labor Code section 230.7
    Protects an employee who is a parent or guardian of a student from retaliation for taking time off to appear at the student’s school due to a request made under Education Code section 48900.1, if the employee gave their employer reasonable notice they are asked to appear at the school.
  14. Labor Code section 230.8
    Prohibits an employer with 25 or more employees working at the same location from retaliating against an employee who is a parent for taking off up to 40 hours a year (but no more than 8 hours per month) to participate in their child’s school activities, or to locate, enroll, or reenroll the child in school or with a licensed child care provider, if the employee gave their employer reasonable notice, or for child care provider or school emergencies if the employee gave their employer notice (no 8 hour restriction for school emergencies). Provides that “parent” includes a parent, guardian, stepparent, foster parent, grandparent, or person who stands in the place of a parent for the child.
  15. Labor Code sections 232
    Prohibits an employer from retaliating against an employee for disclosing their wages. Prohibits an employer from requiring an employee to sign a waiver or other document that purports to deny the employee the right to disclose their wages, or otherwise requiring as a condition of employment that an employee not disclose their wages.
  16. Labor Code section 232.5
    Prohibits an employer from retaliating against an employee for disclosing information about their working conditions. Prohibits an employer from requiring that an employee sign a waiver or other document that purports to deny the employee the right to disclose information about the employer’s working conditions, or otherwise requiring as a condition of employment that an employee not disclose information about the employer’s working conditions.
  17. Labor Code section 233
    Requires an employer providing sick leave for employees to permit an employee to use in any calendar year the employee’s accrued and available sick leave, in an amount not less than the sick leave that would be accrued during six months. Provides that an employee may use sick leave for any reason specified in Labor Code section 246.5(a), and that an employee has sole discretion to designate days taken as sick leave.
  18. Labor Code section 234
    States that an employer’s absence control policy that counts sick leave taken under Labor Code section 233 as an absence that may lead to discipline, discharge, demotion, or suspension violates section 233.
  19. Labor Code section 244
    States that reporting or threatening to report an employee’s, former employee’s, or prospective employee’s (or family member’s) suspected citizenship or immigration status to a federal, state, or local agency for exercising a right under the Labor Code, Government Code, or Civil Code is an adverse action.
  20. Labor Code sections 246.5
    Prohibits an employer from denying an employee the right to use accrued sick days, and from retaliating against an employee for using accrued sick leave, trying to use accrued sick leave, filing a complaint with the Labor Commissioner or alleging a violation of paid sick leave law, cooperating with an investigation or prosecution of an alleged violation of paid sick leave law, or opposing a policy or practice or act that violates paid sick leave law. Provides a rebuttable presumption of unlawful retaliation if an employer denies an employee the right to use accrued sick leave, discharges, threatens to discharge, demotes, suspends, or in any manner discriminates against an employee within 30 days of the employee filing a complaint with the Labor Commissioner or alleging a violation of paid sick leave law, cooperating with an investigation or prosecution of an alleged violation of paid sick leave law, or opposing a policy, practice, or act that violates paid sick leave law. In addition to other available remedies, provides amounts that may be awarded under Labor Code section 248.5(b)(2) and (b)(3).
  21. Labor Code section 432.3
    Prohibits an employer from using an applicant for employment’s salary history as a factor to determine whether to offer employment or what salary to offer. Prohibits an employer from seeking, orally or in writing, personally or through an agent, salary history information, including compensation and benefits, about an applicant for employment. Requires an employer to provide, upon reasonable request, the pay scale for a position to an applicant for employment, and to provide to an employee, upon request, the pay scale for the position in which the employee is currently employed. Requires an employer with 15 or more employees to include the pay scale for a position in any job posting. If an employer with 15 or more employees engages a third party to announce, post, publish, or otherwise make known a job posting, requires the employer to provide the pay scale to the third party and the third party to include the pay scale in the job posting. Requires an employer to maintain records of a job title and wage rate history for each employee during their employment plus three years.
  22. Labor Code section 432.6
    Prohibits a person from conditioning employment or receipt of any employment-related benefit on an employee’s or applicant for employment’s waiver of any right, forum, or procedure for any violation of the Labor Code or Fair Employment and Housing Act, including the right to file and pursue a civil action or a complaint with a government or law enforcement agency, and protects an employee or applicant for employment from retaliation for refusing to consent to any such waiver. Currently, the Labor Commissioner is enjoined from enforcing Labor Code section 432.6 “where the alleged ‘waiver of any right, forum, or procedure’ is the entry into an arbitration agreement covered by the Federal Arbitration Act.” The Labor Commissioner continues to enforce the statute for matters not covered by the injunction.
  23. Labor Code section 432.7
    Prohibits an employer from asking an applicant for employment to disclose, through any written form or verbally, information about an arrest or detention that did not result in conviction, referral to and participation in any pretrial or posttrial diversion program, or a conviction that has been judicially dismissed or ordered to be sealed. Prohibits an employer seeking or using as a factor in determining any condition of employment, any record of arrest or detention that did not result in conviction, any record regarding referral to and participation in any pretrial or posttrial diversion program, or any record concerning a conviction that has been judicially dismissed or ordered to be sealed. Similarly prohibits information and documents about specified matters that happened while a person was subject to the process and jurisdiction of the juvenile court.
  24. Labor Code section 432.8
    Extends the prohibitions in Labor Code section 432.7 to certain marijuana related convictions.
  25. Labor Code section 752
    Ensures that employees in non-unionized smelters or underground mines have a right to a fair and impartial election to establish a workday greater than eight hours. Prohibits an employer from retaliating against an employee for exercising any right under this law.
  26. Labor Code section 980
    Prohibits an employer from requiring or requesting an employee or applicant for employment to disclose a username or password to access personal social media, access personal social media in the presence of the employer, or divulge any personal social media, except as provided in Labor Code section 980(c).
  27. Labor Code section 1019
    Prohibits an employer or any other person or entity from engaging in, or directing another person or entity to engage in, unfair immigration-related practices against any person for the purpose or with the intent of retaliating against any person for exercising any right protected under the Labor Code or by local ordinance. States that protected activities include filing a complaint or informing any person about an employer’s or other party’s alleged violation of the Labor Code or local ordinance (if the complaint or disclosure is made in good faith), seeking information about whether an employer or other party is complying with the Labor Code or local ordinance, and informing a person about their potential rights and remedies under the Labor Code or local ordinance, and assisting them in asserting those rights. Defines “unfair immigration-related practices” to mean requiring more or different documents than required by federal immigration law, refusing to honor documents that on their face reasonably appear to be genuine, using the federal E-Verify system to check the employment authorization status of a person at a time or in a manner not required by federal immigration law, filing or threatening to file a false police report, or a false report or complaint with any state or federal agency, or contacting or threatening to contact immigration authorities.
  28. Labor Code section 1019.1
    Prohibits an employer, while satisfying the requirements of federal immigration law, from requesting more or different documents than required by federal immigration law, refusing to honor documents that on their face reasonably appear to be genuine, refusing to honor documents or work authorization based on the specific status or term of status that accompanies the authorization to work, or trying to reinvestigate or reverify an incumbent employee’s authorization to work using an unfair immigration-related practice. Provides a penalty of up to $10,000 for each violation.
  29. Labor Code section 1019.2
    Prohibits an employer, or a person acting on behalf of an employer, from reverifying the employment eligibility of any current employee at a time or in a manner not required by federal immigration law. Provides a penalty of up to $10,000 for each violation.
  30. Labor Code section 1024.5
    Prohibits an employer or prospective employer from using a consumer credit report for employment purposes unless the position of the person for whom the report is sought is exempted under the statute.
  31. Labor Code section 1024.6
    Protects an employee from retaliation for updating or trying to update their personal information based on a lawful change of name, social security number, or federal employment authorization document.
  32. Labor Code sections 1025-1028
    Requires a private employer regularly employing 25 or more employees to reasonably accommodate any employee who wishes to voluntarily enter and participate in an alcohol or drug rehabilitation program if reasonable accommodation does not impose an undue hardship on the employer.
  33. Labor Code sections 1030-1033
    Protects an employee from retaliation for exercising or attempting to exercise any right protected under lactation accommodation law.
  34. Labor Code section 1041-1044
    Requires a private employer regularly employing 25 or more employees to reasonably accommodate and help any employee who reveals issues with illiteracy and requests the employer’s assistance in enrolling in an adult literacy education program, if reasonable accommodation does not impose an undue hardship on the employer.
  35. Labor Code section 1101
    Prohibits an employer from making, adopting, or enforcing any rule, regulation, or policy forbidding or preventing employees from engaging or participating in politics or becoming candidates for public office, or controlling, directing, or tending to control or direct the political activities or affiliations of employees.
  36. Labor Code section 1102
    Prohibits an employer from coercing, influencing, or trying to coerce or influence an employee to adopt or follow or not adopt or follow any particular course or line of political action or activity.
  37. Labor Code section 1102.5
    Prohibits an employer, or any person acting on behalf of the employer, from making, adopting, or enforcing any rule, regulation, or policy preventing an employee from disclosing information to a government or law enforcement agency, to a person with authority of the employee, or to another employee with the authority to investigate, discover, or correct the violation or noncompliance, or from providing information to, or testifying before, any public body conducting an investigation, hearing, or inquiry, if the employee has reasonable cause to believe that the information discloses a violation of state or federal statute, or a violation of or noncompliance with a local, state, or federal rule or regulation, regardless of whether disclosing the information is part of the employee’s job duties.

    Prohibits an employer, or any person acting on behalf of the employer, from retaliating against an employee for disclosing information, or because the employer believes that the employee disclosed or may disclose information, to a government or law enforcement agency, to a person with authority of the employee, or to another employee with the authority to investigate, discover, or correct the violation or noncompliance, or for providing information to, or testifying before, any public body conducting an investigation, hearing, or inquiry, if the employee has reasonable cause to believe that the information discloses a violation of state or federal statute, or a violation of or noncompliance with a local, state, or federal rule or regulation, regardless of whether disclosing the information is part of the employee’s job duties.
    Prohibits an employer, or any person acting on behalf of the employer, from retaliating against an employee for refusing to participate in an activity that would result in a violation of state or federal statute, or a violation of or noncompliance with a local, state, or federal rule or regulation.

  38. Provides a penalty of up to $10,000 per employee for each violation to be awarded to each employee who suffered the violation.

  39. Labor Code section 1137
    Except as specified, prohibits an employer from subjecting, or threatening to subject, an employee to adverse action for declining to attend an employer-sponsored meeting or affirmatively declining to participate in, receive, or listen to any communications with the employer or its agents or representatives, the purpose of which is to communicate the employer’s opinion about political matters or religious matters. Requires an employee working at the time of a meeting who elects not to attend the meeting to continue to be paid while the meeting is held. Provides a $500 penalty per employee for each violation.
  40. Labor Code section 1139
    Prohibits an employer from taking or threatening adverse action against any employee (except as specified) for refusing to report to, or leaving, a workplace or worksite within an area affected by “an emergency condition” if the employee has a reasonable belief that the workplace or worksite is unsafe. Prohibits an employer from preventing any employee (except as specified) from accessing the employee’s mobile device or other communications device for seeking emergency assistance, assessing the safety of the situation, or communicating with a person to verify their safety.
  41. Labor Code section 1171
    Protects an individual participating in a national service program, like AmeriCorps, from retaliation for refusing to work overtime for a legitimate reason.
  42. Labor Code section 1197.5
    Prohibits an employer from paying any of its employees at wage rates less than the rates paid to employees of the opposite sex or another race or ethnicity for substantially similar work, when viewed as a composite of skill, effort, and responsibility, and performed under similar working conditions, except where the employer demonstrates that (1) the wage differential is based on a seniority system, a merit system, a system that measures earnings by quantity or quality of production, or a bona fide factor other than sex, race, or ethnicity, (2) each proffered legitimate factor is applied reasonably, and (3) the one or more proffered legitimate factors account for the entire wage differential. Prohibits an employer from justifying any disparity in compensation on prior salary, except that an employer may make a compensation decision based on an employee’s existing salary if any wage differential resulting from that compensation decision is justified by one or more of the specified legitimate factors. States that a civil action to recover wages must be commenced within two years of the violation (or within three years if the violation was willful).

    Protects an employee from retaliation for any action taken by the employee to invoke or assist in any manner the enforcement of the equal pay law. Provides a rebuttable presumption of unlawful retaliation if an employer engages in any action prohibited by this section within 90 days of the protected activity specified in this section. Forbids an employer from prohibiting an employee from disclosing the employee’s own wages, discussing the wages of others, inquiring about another employee’s wages, or aiding or encouraging any other employee to exercise their rights under the equal pay law. States that a civil action for violation of these protections must be commenced within one year of the violation.

  43. Labor Code section 1198.3
    Protects an employee from retaliation for refusing to work more hours than permitted by the applicable Industrial Welfare Commission wage order.
  44. Labor Code section 1311.5
    Protects an individual from retaliation for filing a claim or civil action alleging a Labor Code violation that arose while the individual was a minor, whether the claim or civil action was filed before or after the individual reached the age of majority, and entitles the individual to treble damages.
  45. Labor Code section 1476
    Prohibits a fast food restaurant operator, as defined in Labor Code section 1474(f), from retaliating against an employee for participating in or providing testimony to any proceeding convened by the Fast Food Council. Deems the Fast Food Council a governmental agency for purposes of Labor Code section 1102.5(a).
  46. Labor Code section 1512
    Protects an employee from retaliation for taking a leave of absence for organ or bone marrow donation.
  47. Labor Code section 2102
    Prohibits a warehouse distribution center employer, as defined in Labor Code section 2100(f), from subjecting an employee to an adverse employment action for failing to meet a quota that does not let a worker comply with meal and rest periods, or occupational health and safety laws in the Labor Code or division standards, or for failing to meet a quota not disclosed to the employee under Labor Code section 2101.
  48. Labor Code section 2104
    Allows a current or former warehouse distribution center employee who believes that meeting a quota caused a violation of their right to a meal or rest period, or required them to violate any occupational health and safety laws in the Labor Code or division standards, to request (and requires the employer to provide) a written description of each quota to which the employee is subject and a copy of the most recent 90 days of the employee’s personal work speed data.
  49. Labor Code section 2105
    Provides a rebuttable presumption of unlawful retaliation if an employer takes any adverse action against an employee within 90 days of the employee (1) making their first request in a calendar year for information about a quota or personal work speed data, or (2) making a complaint related to a quota alleging any violation of Labor Code sections 2101-2104 to the Labor Commissioner, the Division of Occupational Safety and Health, other local or state governmental agency, or the employer.
  50. Labor Code section 2500-2517
    Protects grocery retail workers upon change of ownership, control, or operation of grocery stores.
  51. Labor Code section 2810.8
    Protects a laid-off employee from retaliation for exercising their recall rights related to the COVID-19 pandemic.
  52. Labor Code section 2814
    Except as required by federal law or as a condition of receiving federal funds, prohibits an employer from using the federal E-Verify system to check the employment authorization status of an existing employee, or of an applicant who has not been offered employment, at a time or in a manner not required by federal immigration law or authorized under any federal agency memorandum of understanding governing the use of the federal E-Verify system. Upon using the federal E-Verify system and receiving a tentative non-confirmation, requires an employer to provide the employee any notification issued by a federal agency of the tentative non-confirmation. Provides a penalty of up to $10,000 for each violation.
  53. Labor Code section 2929
    Protects an employee from retaliation because garnishment of their wages has been threatened or because their wages have been subjected to garnishment for the payment of one judgment. Requires an employee to notify to their employer within 30 days after being discharged if they intend to make a wage claim, and to file a wage claim with the Labor Commissioner within 60 days after being discharged if they desire that the Labor Commissioner take assignment of the wage claim.
  54. Labor Code section 2930
    Requires an employer who disciplines or discharges an employee because of a certain shopping investigator’s report of the employee’s conduct, performance, or honesty, to provide the employe a copy of the investigation report before discharging or disciplining the employee. Where an interview might lead to an employee’s termination for dishonesty, requires the employee to be handed a copy of the latest investigation report on which the interview was based, during the interview before its conclusion.
  55. Labor Code section 6310
    Protects an employee from retaliation for making any oral or written complaint about unsafe working conditions or work practices in their employment or place of employment, instituting, causing to be instituted, testifying in, or preparing to testify in any proceeding relating to their rights to safe and healthful working conditions and work practices, exercising on behalf of themselves or others of any rights afforded them under federal or California law regarding occupational health and safety, and participating in an occupation health and safety committee established under Labor Code section 6401.7. Protects an employee from retaliation for reporting a work-related fatality, injury, or illness, requesting access to occupational injury or illness reports and records, or exercising any other rights protected by the federal Occupational Safety and Health Act (except where the employee alleges they have been retaliated against for filing or making known their intention to file a workers’ compensation claim under Labor Code section 132a, which is under the exclusive jurisdiction of the Workers’ Compensation Appeals Board).
  56. Labor Code section 6311
    Protects an employee from being laid off or discharged for refusing to perform work that would violate the Labor Code, any occupational safety or health standard, or any safety order of the division or standards board, if the violation would create a real and apparent hazard to the employee or their fellow employees.
  57. Labor Code section 6399.7
    Protects an employee from retaliation for filing a complaint, instituting, causing to be instituted, testifying in, or preparing to testify in any proceeding under or relating to the Hazardous Substances Information and Training Act, or exercising on behalf of themselves or others any right to under the Act.
  58. Labor Code section 6403.5
    Protects an employee from retaliation for refusing to lift, reposition, or transfer a patient due to concerns about patient or worker safety or the lack of trained lift team personnel or equipment.
  59. Food and Agricultural Code section 2350
    Protects an employee from retaliation for refusing to obtain or use a livestock pass or to enter or be present on the livestock producer’s ranch property during or following a flood, storm, fire, earthquake, or other disaster. Provides for remedies available under Labor Code section 98.6, including a penalty of up to $10,000 per employee for each violation to be awarded to each employee who suffered the violation, in addition to any other available remedy.
  60. Health and Safety Code section 1596.881 and 1596.882
    Protect an employee from retaliation for making any good faith oral or written complaint about the employer’s violation of any licensing or other laws to the Department of Social Services or other agency having statutory enforcement authority, the employer, or the employer’s representative; instituting or causing to be instituted any proceeding against the employer regarding violation of any licensing or other laws; being a witness, testifying in, or preparing to testify in any such proceeding; or refusing to perform work that would violate a licensing law or regulation, after notifying the employer of the violation. Require a claim alleging a violation of Health and Safety Code section 1596.881 to be presented to the employer within 45 days of the alleged violation and presented to the Labor Commissioner within 90 days of the alleged violation.
  61. Revenue and Tax Code section 19853
    Protects an employee from retaliation for not opting into receiving electronic statements or materials relating to their possible eligibility for Voluntary Income Tax Assistance (VITA), CalFile (the Franchise Tax Board’s free, direct, online program for taxpayers to complete and e-file their state personal income tax returns), and state and federal antipoverty tax credits, including the federal and the California earned income tax credit (EITC).
  62. Unemployment Insurance Code section 1089
    Protects an employee from retaliation for not opting into receiving electronic statements concerning benefit rights and other matters as may be prescribed by authorized regulations, or electronic statements or materials relating to claims for benefits.
  63. Unemployment Insurance Code section 1237
    Protects an employee from retaliation for seeking information from the Employment Development Department (EDD) concerning their rights under the Unemployment Insurance Code or Labor Code, cooperating with any investigation undertaken by EDD, or testifying or being ready to testify in any proceeding brought under the Unemployment Insurance Code or Labor Code.
  64. Vehicle Code section 4854
    Prohibits an employer, or a person acting on behalf of the employer, from retaliating against an employee for removing or disabling a tracking device’s monitoring capabilities, including vehicle location technology, outside of work hours.
  65. IWC Orders 1 through 13, section 3(C)(8); IWC Order 16, section 3(C)(7); and IWC Order 17, section 5 “Election Procedures” (H)
    Prohibit an employer from intimidating or coercing an employee to vote either in support of or in opposition to a proposed alternative workweek. Protect an employee from retaliation for expressing opinions concerning an alternative workweek election or for opposing or supporting its adoption or repeal.

Please note:  Except for the Labor Commissioner’s enforcement of the California Equal Pay Act (Labor Code section 1197.5 noted above), the Civil Rights Department (CRD) maintains the authority to investigate complaints of discrimination (based on race, religion, sexual orientation, gender, national origin, etc.) in the areas of employment, housing, public accommodations and hate violence. The National Labor Relations Board (NLRB) investigates complaints of unfair labor practices by employers and unions.


June 2026