California Retaliation Law Is Stronger Than Federal Law
California gives workers some of the broadest anti-retaliation protections in the country, in most respects stronger than federal law. A Los Angeles retaliation attorney can identify which statutes fit your facts, and often more than one applies.
The key statutes
- FEHA (Government Code section 12940(h)): The Fair Employment and Housing Act prohibits retaliation for opposing discrimination or harassment, requesting accommodations, or participating in a complaint or investigation. FEHA covers employers with 5 or more employees, protects more categories than federal Title VII, and has no caps on compensatory or punitive damages.
- Labor Code section 1102.5: California's general whistleblower statute protects employees who report suspected legal violations internally to a supervisor or externally to any government agency, and those who refuse to participate in illegal activity.
- Labor Code section 98.6: Prohibits retaliation for filing a wage claim, complaining about unpaid wages, or exercising other Labor Code rights. Violations can carry a civil penalty of up to $10,000 per employee in addition to the worker's own damages.
- Labor Code section 132a: Makes it unlawful to punish an employee for filing or intending to file a workers' compensation claim.
- Labor Code section 6310: Protects employees who report unsafe working conditions to their employer or Cal/OSHA.
- Labor Code sections 230 and 230.1: Protect time off for jury duty, court appearances, and for victims of crime, domestic violence, sexual assault, or stalking.
The 90-day presumption
Under California law, if your employer takes an adverse action within 90 days of certain protected activities, such as a whistleblower report or a wage complaint, the law presumes the action was retaliatory and the employer must prove otherwise. This rebuttable presumption, added by Senate Bill 497, shifts an important burden onto the employer and makes prompt documentation of dates especially valuable.
Deadlines you cannot afford to miss
Different retaliation claims have different clocks. As a general matter, FEHA retaliation claims must be filed with the CRD within three years, retaliation complaints with the Labor Commissioner are generally due within one year, and workers' comp retaliation petitions have their own one-year deadline at the Workers' Compensation Appeals Board. These deadlines vary by claim and by the facts of your case, and some are much shorter, so the safest move is to talk to a lawyer as soon as possible.
The Los Angeles factor
Our attorneys handle retaliation matters arising in the industries that define this region: entertainment and studio production, healthcare, hospitality and restaurants, logistics and the ports, garment manufacturing, retail, and tech. Cases proceed before the CRD, the Labor Commissioner, the Los Angeles Superior Court, and the federal Central District of California, venues our team knows well.