California Labor Code 98.6

California Labor Code Section 98.6 protects the rights of employees in the workplace by making it illegal for employers to retaliate against workers who assert their rights. This statute ensures that employees can report workplace violations, such as unsafe working conditions or wage discrepancies, without fear of punishment. It’s especially important in California’s legal landscape, where worker protection laws are strong and continuously evolving.

This law has been crucial for clients who came to us after being denied the rights they were owed. One client, a single mother supporting her family, was refused the wages she rightfully deserved. When she voiced her concerns, her employer retaliated instead of addressing the issue. We stepped in, carefully examined her case, and discovered that her rights under CA Labor Code 98.6 were being ignored. We then advocated on her behalf, ensuring she received the compensation and protection she deserved.

Continue reading to discover more examples of employers violating this law, learn what you can do about it, and see how Consumer Attorneys can help protect your rights.

What is Labor Code Section 98.6?

Overview of California Labor Code 98.6

Ca Labor Code 98.6 is important for many reasons and provides the following protection to employees.

• Prohibits employers from taking retaliatory actions against employees who exercise their legal rights in good faith.
• Defines retaliatory actions as including termination, demotion, loss of benefits, or any adverse change in employment conditions.
• Applies generally to private employers within California, and public employers in specific instances.
• Covers employee actions related to:
  • Reporting legal or safety violations,
  • Participating in investigations, and
  • Refusing unsafe work assignments

Does CA Labor Code 98.6 Cover Whistleblowers?

Yes, Labor Code 98.6 explicitly covers whistleblowers, offering them protection from employer retaliation. Employees who report illegal practices, whether involving health and safety violations or fraudulent activities, are considered whistleblowers and are protected under this section. This protection encourages employees to report wrongdoing without risking their livelihoods.

What Is a Whistleblower?

A whistleblower is an employee who reports actions in the workplace that are illegal or unethical. This includes reporting violations of state or federal laws, unsafe working conditions, or actions that harm the public. Whistleblowers are essential in maintaining corporate accountability, and Labor Code 98.6 ensures they can report misconduct without facing retaliation.

Employers’ Responsibilities According to Labor Code 98.6

• Uphold Employee Protections
  Employers must actively ensure that the protections under Labor Code 98.6 are honored, creating a work environment where employees feel safe exercising their legal rights without fear of retaliation.
• Educate Supervisors and Management
  Employers are responsible for informing any managers and supervisors about the specifics of Labor Code 98.6, so they understand what constitutes retaliatory actions and avoid practices that could infringe on employee rights.
• Establish Clear Reporting Processes
  A clear, accessible process for reporting violations should be in place, allowing employees to report any unsafe practices, rights violations, or retaliation incidents securely and confidently.
• Take Allegations of Retaliation Seriously
  Employers must treat each allegation of retaliation or rights violations with care, conducting prompt and thorough investigations when complaints are made.
• Ensure Consistent Application of the Law Across Departments
  All departments and management levels should adhere to Labor Code 98.6 consistently, maintaining equal protections for all employees regardless of position or tenure.
• Review and Update Policies Regularly
  Employers should regularly review workplace policies and adjust them as needed to stay compliant with Labor Code 98.6 and ensure ongoing protection of employee rights.
• Provide Retaliation-Free Feedback Channels
  Employers should establish feedback channels where employees can safely provide input on work conditions or policies without risking adverse consequences.

Penalties for Not Applying CA Labor Code 98.6

Failure to adhere to Labor Code 98.6 can result in significant penalties for employers, including fines, damages (money) to the employee, and additional punitive damages. In cases where employers violate this law, they may be required to restore the employee’s position and provide back pay, compensating the worker for any lost wages and benefits.

Employees’ Rights Under California Labor Code 98.6

Labor Code 98.6 grants employees several key rights aimed at protecting them from adverse consequences in the workplace when they report violations or exercise their lawful rights.

Protection Against Retaliation

Labor Code 98.6 specifically protects employees against retaliation, meaning that employers cannot punish workers who file complaints or raise concerns. If an employee faces retaliation, they can take legal action to seek compensation.

What is the Definition of Retaliation?

Retaliation is any adverse action taken by an employer as a response to an employee’s lawful activities, such as filing a complaint, refusing to participate in illegal actions, or reporting workplace violations. Adverse actions can include firing a worker, demotion, reducing employees’ hours, or any other negative employment consequence.

Legal Considerations of California Labor Code Section 98.6

Understanding the legal nuances of Labor Code 98.6 is critical for both employees and employers, as it outlines the specific actions that can lead to penalties and ensures a clear path for employees to take action against retaliatory behavior.

Important Elements and Requirements of CA LC 98.6

1. Protected Activity Requirement
   Employees are required to show they engaged in an activity that is legally protected, such as reporting a safety issue, discrimination, or other violation.
2. Link Between Activity and Retaliation
   To claim retaliation, employees must demonstrate a connection between their protected activity and the employer's adverse action, indicating the employer’s response was directly tied to the employee’s protected conduct.
3. Consideration of Timing
   Courts may assess the timing between the protected activity and the retaliatory action. A close time frame can suggest a link between the two, helping support the employee's claim.
4. Proof of Employer’s Intent to Retaliate
   Evidence that the employer intended to punish or discourage the employee for engaging in the protected activity strengthens the case. This may include statements, emails, or other documented actions showing retaliatory intent.
5. Burden of Proof on Employee
   Employees bear the initial burden of proof to establish a case of retaliation, showing they participated in a protected activity and experienced retaliation as a result.
6. Employer’s Defense Opportunities
   Employers can counter claims by providing legitimate, non-retaliatory reasons for their actions. If an employer can demonstrate that their decision was unrelated to the protected activity, this may undermine the employee’s claim.
7. Legal Remedies and Penalties
   The law allows for several remedies if retaliation is proven, including reinstatement, back pay, and penalties against the employer. Courts may apply these to ensure fair treatment and discourage future violations.

Any Exceptions to Rule 98.6?

While Labor Code 98.6 is comprehensive, certain exceptions may apply. For instance, employers may not be held liable if they can demonstrate a lawful (legitimate), non-retaliatory reason for their actions. Additionally, some forms of employee misconduct or violations of company policy may lead to disciplinary action independent of 98.6 protections.

Can Employees Avoid Retaliation?

Not always. However, Labor Code 98.6 offers protections that allow employees to take proactive steps to reduce the likelihood of retaliation. Documenting incidents, consulting HR, and understanding company policies can be instrumental in avoiding conflicts. Seeking legal guidance before filing complaints can also ensure that employees follow procedures that make retaliation less likely.

Examples of Retaliation

How Can You Prove Retaliation?

Being able to prove retaliation requires evidence that an employee engaged in protected activities, like filing a complaint, and that the employer took negative action in response. Evidence might include documentation of the complaint, witness statements, and records of the retaliatory actions. Keeping a record of all incidents can strengthen an employee’s case.

What Should Employees Do if California Labor Code 98.6 is Violated?

Employees who believe they have experienced retaliation should take several steps to protect their rights and prepare for potential legal action.

Document the Violations

Documentation is key to building a case. Employees should keep records of all incidents that may indicate retaliation, including copies of complaints, HR communications, and performance evaluations.

Reach out to an Attorney

Consulting with a California employment attorney experienced in employment law can help employees understand their rights under California Labor Code 98.6 and determine the best course of action. An attorney can provide legal advice and support for filing claims or seeking compensation.

Connect with Consumer Attorneys!

If you believe your rights under California Labor Code 98.6 have been violated, Consumer Attorneys can help. Our team of attorneys with extensive experience in employment law, are committed to protecting your rights and making sure you receive the compensation you deserve.