California’s New Workplace Retaliation Protections: Standing Up Without Fear

Retaliation is one of the most frequent claims in employment law. It arises when an employer punishes (or threatens to punish) an employee for engaging in a legally protected act, like reporting discrimination, wage violations, unsafe conditions, or other misconduct. In California, 2024–2025 have brought significant updates that strengthen protections for employees and make it somewhat easier to prove retaliation claims.

If you’re an employee in California who suspects retaliation, you should know your rights — and what steps to take to document and respond safely.

What is “retaliation” under California law?

Protected activity

Retaliation occurs when an employer takes negative action against an employee because the employee engaged in protected activity. Some examples include:

Reporting harassment or discrimination (internally or to a governmental agency)
Filing a wage claim or complaint with the Labor Commissioner
Participating in an investigation or hearing
Requesting or taking legally protected leave (e.g. under the California Family Rights Act)
Refusing to perform illegal tasks
Opposing practices they reasonably believe are unlawful
Declining to attend an employer’s meeting about political or religious topics (new under SB 399)

Employers cannot penalize employees for such actions, even if the employer believes the claim is baseless (though that may affect outcomes).

Adverse action

Retaliation can take many forms — not just firing or demotion. Examples include:

Termination, suspension, demotion
Reduced hours or pay
Negative performance reviews
Exclusion from projects or meetings
Transfer to less favorable assignments
Threats, intimidation, or harassment
Unjust disciplinary actions

Even subtle “hostile treatment” might constitute retaliation if tied to the protected activity.

Causation and burden shifting

Traditionally, a retaliation case in California required a three-step burden-shifting framework:

The employee establishes a prima facie case (protected activity + adverse action + causal link)
The employer must articulate a legitimate non-retaliatory reason
The employee may then show the employer’s reason is a pretext

However, a key recent change (SB 497) now creates a rebuttable presumption of retaliation when an employer takes adverse action within 90 days of the protected activity — meaning the employer must disprove retaliation rather than the employee bearing the full burden.

Key 2024–2025 changes strengthening employee protections

SB 497: Easier path for retaliation claims

Effective January 1, 2024, SB 497 amended California Labor Code sections 98.6, 1102.5, and 1197.5. Among its changes:

If an employer takes an adverse action within 90 days of the employee’s protected activity, a rebuttable presumption of retaliation applies.
Employers may face civil penalties up to $10,000 per employee for violations.
The law lowers the burden for employees to shift the burden of proof to the employer in close timing cases.

This is a meaningful development: it helps employees in borderline cases where timing is persuasive but direct proof is lacking.

SB 399: Worker Freedom from Employer Intimidation Act

Starting January 1, 2025, SB 399 prohibits “captive audience” meetings in which an employer mandates attendance or punishes employees for refusing to attend meetings about political or religious topics (including union organizing). Key features:

Employees may decline to attend without fear of retaliation.
The employer must still pay employees for time spent refusing to attend.
Violations carry a penalty of $500 per employee.
Employees can bring a civil action or seek injunctive relief, and the Labor Commissioner can enforce.

This law reflects California’s trend of expanding retaliation protections to novel contexts.

AB 2499: Protections for victims of violence

AB 2499 allows employees to use paid sick leave when they or a family member are victims of certain qualifying acts of violence (e.g. domestic violence, sexual assault, stalking). Crucially, employers may not retaliate or discriminate against employees who exercise these rights.

Additionally, this protection is extended to all employers regardless of size (even small employers).

Expanded immigration-related retaliation protections

California law protects employees from retaliation tied to immigration threats when they exercise employment rights. For example, an employer may not:

Threaten to report immigration status if an employee complains
Refuse to honor valid documents
Misuse E-Verify in retaliation
Threaten to call immigration authorities

These protections derive from Labor Code Sections 90.2, 244, 1019, etc.

Violations can carry penalties up to $10,000 per violation.

Workplace violence / harassment restraining orders (SB 428)

SB 428 expands the ability for employers to seek restraining orders not only in cases of violence or threats, but also harassment that causes emotional distress (i.e. serious, willful, continuous conduct). This gives employees (through employers) another tool to mitigate hostile work environments.

While this is more an employer-driven tool, it reflects California’s heightened sensitivity to harassment and compounded retaliation risk.

How to Document and Protect Yourself (Step-by-step guide)

If you're concerned about retaliation, follow these practices:

1. Keep detailed contemporaneous records

Write down dates, times, places, what was said or done, who was present
Maintain a running chronology
Save relevant emails, texts, voicemails, memos, performance reviews

2. Communicate in writing when possible

Use email or written complaints rather than verbal only
State clearly: “I believe this may violate my rights” or “I wish to report”
Address to HR, supervisors, or anonymous hotlines, depending on the company

3. Use internal complaint systems, but preserve external options

File formal complaints internally, requesting acknowledgment
If internal resolution is delayed or ignored, keep proof and consider agency filing

4. Avoid premature escalation, but don’t stay silent

Make protected activity clear, but avoid defamation
Continue performing work as well as possible (unless unsafe)

5. Identify witnesses and gather supporting evidence

Colleagues, clients, vendors, co-workers who saw conduct
Copies of policies, employee handbooks, training materials

6. Know deadlines & statutes of limitation

With the Labor Commissioner, a retaliation complaint generally must be filed within 1 year of the adverse action.
For many FEHA claims, administrative complaint deadlines may apply

7. Seek counsel early

An employment attorney can assess strengths, help draft documentation, and guide you in safe escalation

By proactively documenting, you increase your credibility and ability to overcome employer denials or shifting narratives.