SB 497: An Overview of New Provisions on Workplace Retaliation

California's Approach to Workplace Safety

SB 497 amends California's retaliation regulations by introducing a rebuttable presumption for employer actions post-employee complaints and adjusting penalties to $10,000 per employee per violation under specific Labor Code sections.

California continues its legislative adjustments with the introduction of SB 497, a bill focused on workplace retaliation. This piece aims to outline the essential components of this legislation and its implications for both employers and employees.

Principal Provisions of SB 497

SB 497 introduces a series of provisions aimed at the assessment and potential consequences of retaliatory actions in the workplace:

Rebuttable Presumption of Retaliation: One of the main tenets of SB 497 is the establishment of a rebuttable presumption in cases of alleged retaliation. This means if an employer takes an action against an employee within 90 days following the employee's engagement in certain protected activities (such as making complaints under the jurisdiction of the Labor Commissioner, addressing unpaid wages, or raising concerns about equal pay discrepancies), there's a presumption that the employer's action was retaliatory. It is worth noting that while this presumption stands, it can be challenged by the employer presenting counter-evidence.
Adjustment of Civil Penalties: The bill makes adjustments to the potential civil penalties for employers found to have engaged in retaliatory actions. Specifically, the penalties under section 1102.5 of the Labor Code have been revised from a general sum of $10,000 to a more detailed calculation of $10,000 per affected employee for each identified violation.

Legislative Amendments

For a clearer understanding of the legislative changes:

SB 497 brings about amendments to the Labor Code, with alterations specifically targeting Sections 98.6, 1102.5, and 1197.5.

Closing Thoughts

SB 497 presents a set of revisions to California's stance on workplace retaliation, offering a framework that adjusts the initial considerations and potential consequences of such actions. It is essential for stakeholders to familiarize themselves with these changes to understand the evolving landscape of California's employment regulations.