©2024 Seyfarth Shaw LLP www.seyfarth.com 2024 Cal-Peculiarities | 289 7.25.13 Respecting protected activities LC § Description Penalty 98.6 Lawful Off-Duty Conduct. Employers must not discharge or in any manner discriminate, retaliate, or take any adverse action against any employee or applicant for engaging in conduct protected by section 96(k) (lawful offpremises conduct occurring during nonworking hours). 98.6(b)(3): $10,000, awardable to employee 98.6 Exercising Labor Code Rights. Employers must not discriminate, retaliate, or take any adverse action against employees or applicants for exercising rights under the Labor Code, including bona fide claims with the Labor Commissioner. If an employer engages in action prohibited by this section within 90 days of the protected activity specified in this section, there is a rebuttable presumption in favor of the employee’s claim. 98.6(b)(3):$10,000, awardable to employee 132a Workers’ Compensation Claims. Employers must not discriminate against workers who file workers’ compensation claims or indicate intent to do so. LC 2699 232 Disclosure of Wages. Employers must not (a) require that employees refrain from disclosing their wages, (b) require employees to sign waiver of this right, or (c) discharge, discipline, or otherwise discriminate against employees who disclose their wages. LC 2699 232.5 Disclosure of Working Conditions. Employers must not (a) require that employees refrain from disclosing information about employer’s working conditions, (b) require employees to waive that right, or (c) discharge, discipline, or otherwise discriminate against employees who disclose information about employer’s working conditions. This section does not permit disclosure of proprietary information, trade secrets, or other legally privileged information. LC 2699 234 Kin Care Absences. Employers must not count kin-care absences as absences that may lead to discipline, discharge, demotion, or suspension. LC 2699 244(b) Ban on retaliatory reporting of suspected citizenship or immigration status. An employer commits an “adverse action” if it reports to a government agency the suspected citizenship or immigration status of an employee, former employee, or prospective employee, or of that individual’s family member, because the individual has exercised rights under the Labor, Government, or Civil Codes. LC 2699 246.5 Use of paid sick leave. Employees may use paid sick leave for the employee’s or a family member’s health condition, including preventive care, and for the employee’s time off in connection with sexual violence or stalking, and employers must not retaliate against an employee for those authorized uses of paid sick leave. LC 248.5 432.6 Refusing to waive right, forum, or procedure as to Labor Code or FEHA rights as condition of employment. Employers must not retaliate or threaten to retaliate for exercising the right to refuse to waive. LC 2699
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