Workplace Retaliation Attorney in Los Angeles

What Is Protected Activity in California?

There is no single California retaliation statute that covers every workplace situation. Different laws protect different kinds of employee conduct.

Depending on the circumstances, protected activity may include:

• Reporting discrimination or harassment to a supervisor, HR department, or government agency
• Participating in an investigation concerning unlawful discrimination or harassment
• Filing or threatening to file a wage claim or complaining about unpaid wages
• Reporting conduct the employee reasonably believes violates local, state, or federal law
• Reporting unsafe working conditions or exercising workplace safety rights
• Requesting a reasonable disability accommodation
• Requesting or taking legally protected family, medical, pregnancy, or other qualifying leave
• Discussing wages or exercising other rights protected by California labor law

Employees can also receive protection for assisting others with certain complaints or investigations.

For example, an employee who reports unlawful discrimination may have protections under California's Fair Employment and Housing Act. Our Los Angeles employment discrimination attorneys handle claims involving discrimination as well as related retaliation.

Employees who complain about unpaid wages or other wage and hour violations may be protected under separate provisions of the Labor Code.

Whistleblower Retaliation Under Labor Code 1102.5

California Labor Code section 1102.5 provides broad protections for employees who disclose information they reasonably believe shows a violation of local, state, or federal law or regulation.

Protected disclosures can be made to a government or law enforcement agency, a supervisor, or another employee with authority to investigate or correct the suspected violation. Protection can also extend to an employee who refuses to participate in conduct that would violate applicable law.

An employee does not necessarily lose whistleblower protection merely because the employer already knew about the alleged violation. California courts have interpreted the statute broadly in this area.

Under Labor Code sections 1102.5 and 1102.6, an employee pursuing a whistleblower retaliation claim must establish that protected activity was a contributing factor in the challenged employment action. The employer then faces a separate statutory burden regarding whether it would have made the same decision for legitimate, independent reasons.

Our discussion of a California Supreme Court decision strengthening whistleblower protections provides additional context on this part of California law.

The 90-Day Retaliation Presumption Does Not Apply to Every Claim

Timing can be powerful evidence in a retaliation case, but California does not apply one universal 90-day rule to every type of workplace retaliation.

Senate Bill 497, effective January 1, 2024, amended several Labor Code provisions. For certain claims under Labor Code section 98.6, prohibited employer action occurring within 90 days of protected activity creates a rebuttable presumption in favor of the employee's claim. SB 497 added a similar presumption to the anti-retaliation provisions of California's Equal Pay Act.

The amendment to Labor Code section 1102.5 addressed a separate civil-penalty provision. Whistleblower claims under section 1102.5 continue to use the statutory contributing-factor framework.

Even when a 90-day presumption does not apply, close timing between protected conduct and an adverse action can still be relevant evidence. It is rarely the only evidence that matters.