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This is a legitimate concern that many employees have, and unfortunately, there is no perfect protection against an employee who seeks to enforce their rights to overtime and other pay laws.
The good news is that California law prohibits retaliation against an employee who asserts their rights under the wage and hour laws. California labor code 1102.5 (see below) is a particularly powerful tool for going after employers that retaliate against you for asserting your rights under the labor code.
There are other provisions in the labor code that also prohibit retaliation, and provide that the person can sue on those claims, but labor code section 1102.5 is the most commonly used. In addition, because Section 1102.5 falls within the California labor code, an employee may also be able to sue under the Private Attorney General Act and recover attorney’s fees for any retaliation that he or she experienced because they sue to enforce their rights to overtime pay.
< California Labor Code 1102.5 >
Labor Code - LAB
DIVISION 2. EMPLOYMENT REGULATION AND SUPERVISION [200 - 2699.5]
( Division 2 enacted by Stats. 1937, Ch. 90. )
PART 3. PRIVILEGES AND IMMUNITIES [920 - 1138.5]
( Part 3 enacted by Stats. 1937, Ch. 90. )
CHAPTER 5. Political Affiliations [1101 - 1106]
( Chapter 5 enacted by Stats. 1937, Ch. 90. )
1102.5.
(a) An employer, or any person acting on behalf of the employer, shall not make, adopt, or enforce any rule, regulation, or policy preventing an employee from disclosing information to a government or law enforcement agency, to a person with authority over the employee, or to another employee who has 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.
(b) An employer, or any person acting on behalf of the employer, shall not retaliate 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 over the employee or another employee who has 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.
(c) An employer, or any person acting on behalf of the employer, shall not retaliate 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.
(d) An employer, or any person acting on behalf of the employer, shall not retaliate against an employee for having exercised his or her rights under subdivision (a), (b), or (c) in any former employment.
(e) A report made by an employee of a government agency to his or her employer is a disclosure of information to a government or law enforcement agency pursuant to subdivisions (a) and (b).
(f) In addition to other penalties, an employer that is a corporation or limited liability company is liable for a civil penalty not exceeding ten thousand dollars ($10,000) for each violation of this section.
(g) This section does not apply to rules, regulations, or policies that implement, or to actions by employers against employees who violate, the confidentiality of the lawyer-client privilege of Article 3 (commencing with Section 950) of, or the physician-patient privilege of Article 6 (commencing with Section 990) of, Chapter 4 of Division 8 of the Evidence Code, or trade secret information.
(h) An employer, or a person acting on behalf of the employer, shall not retaliate against an employee because the employee is a family member of a person who has, or is perceived to have, engaged in any acts protected by this section.
(i) For purposes of this section, “employer” or “a person acting on behalf of the employer” includes, but is not limited to, a client employer as defined in paragraph (1) of subdivision (a) of Section 2810.3 and an employer listed in subdivision (b) of Section 6400.
(Amended by Stats. 2015, Ch. 792, Sec. 2. Effective January 1, 2016.)
If your employer has retaliated against you for making an overtime claim, contact an employment lawyer today at the Khadder Law Firm for a free initial consultation....
