An employer has the right to set certain policies regarding the behavior and performance of employees. Policies must be easily accessible to all employees and must be enforced equally. In other words, the employer cannot enforce rules against only certain employees in a manner that is discriminatory.

Protected activity includes: complaining about discriminatory or harassing behavior; disclosing/reporting violations of law, rule or procedure or fraud, waste or abuse; and participating in discrimination or whistleblower proceedings (such as an investigation or lawsuit).

Wrongful termination occurs when an employer fires a worker for unlawful reasons. Common unlawful reasons for unlawful termination includes firing employees for discriminatory reasons based on age, disability or pregnancy. Employees may be able to sue former employers for wrongful termination in California.

Unfair punishment, demerits, negative performance reviews, denial of promotions and raises, exclusion from programs, increased workload, forced time off, and job termination are all examples of retaliation. Whatever form it comes in, retaliation is harmful and against the law.

Minimum Wage Increases: As of Jan. 1, 2024, the California state minimum wage will increase to $16 per hour for all employers, regardless of employee headcount. This also means that as of Jan. 1, 2024, exempt employees in California must be paid a minimum annual salary of $66,560

Effective January 1, 2024, California employers will be required to comply with the state's minimum wage increase.

It is illegal for an employer to make decisions about job assignments and promotions based on an employee's race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older), disability or genetic information.

Under California law, an employer is not obligated to provide a reference for a former employee, but should it choose to do so, the employer may provide information about job performance, qualifications, and eligibility for rehire.

In California, a hostile work environment is created when offensive or discriminatory conduct present in the workplace restricts an employee's ability to perform their job. Racial slurs, threats, bullying, sexual harassment, physical fighting and other offensive behaviors contribute to a hostile working environment.

Over the past decade, the Equal Employment Opportunity Commission (EEOC) has reported that retaliation is the most common issue alleged by federal employees and the most common discrimination finding in federal sector cases.

What Is Workplace Retaliation? Retaliation occurs when an employer punishes an employee for advocating for their rights to be free from employment discrimination, a discriminatory workplace culture, violations of laws intended to protect health and safety, and acting as a whistleblower.

Because California is an “at-will” employment state, your employer can fire you at any time, for any reason, without warning. Likewise, you can quit your job at any time you wish. Even with “at-will” employment laws, your employer cannot fire you for a discriminatory reason.

Labor Code section 6310 prohibits an employer from retaliating against an employee who complains about safety or health conditions or practices at the workplace, institutes or testifies in any proceedings relating to the employee's rights to safe and healthful working conditions, exercises any rights under the federal or California law relating to occupational health and safety, or participates in an occupational health and safety committee established under Section 6401.7. Employees are also protected if they report a work-related fatality, injury, or illness, or for requesting access to occupational injury or illness reports or records, unless the employee alleges retaliation because he or she has the intention to file or has filed a workers’ compensation claim pursuant to Labor Code section 132(a).

Yes. California law protects workers from unsafe, hostile, or toxic work environments. As such, if your employer is creating a toxic work environment, you can sue them. Not surprisingly, toxic work environments are among the leading causes of job dissatisfaction in California.

To prove that one of these adverse employment actions was workplace retaliation, you have to show 3 things:

you engaged in a protected activity,

you suffered one of these negative workplace consequences, and.

the adverse employment action was caused by the protected activity.

The subject is a gray area for many employees, but the laws in California clear up some of the questions. Your employer is allowed to ask you why you are taking a sick day, including asking the nature of your ailment.

Minimum Wage Increases: As of Jan. 1, 2024, the California state minimum wage will increase to $16 per hour for all employers, regardless of employee headcount. This also means that as of Jan. 1, 2024, exempt employees in California must be paid a minimum annual salary of $66,560.

Excluding specific employees from work meetings or trips

Firing older workers to replace them with younger and cheaper employees

Unequal pay for employees in the same job

Making offensive comments directed at certain employees

Denying company benefits or bonuses to specific employees

With SB 497 introducing a rebuttable presumption of retaliation, California employers must be proactive in maintaining labor law compliance and ensuring well-documented disciplinary actions.