Retaliation for Testifying in Front of a Labor Board Is Illegal

California Labor Code section 98.6 prohibits employer from terminating, threatening to terminate, demoting, suspending, or otherwise discriminating against an employee who participates as a claimant or as a witness in proceedings before the state Labor Commissioner or otherwise exercises his or her rights under the Labor Code.

Labor Commission proceedings include claims for unpaid wages, claims for retaliation against employees for complaining about violation of wage and hour laws (such as meal/rest breaks periods, overtime, etc.), claims against en employer for preventing an employee from engaging in political activity or running for office or for requiring an employee to participate in political activity. 

The employee has six months after the act of discrimination occurs to file a complaint with the Division of Labor Standards Enforcement (DLSE) as per Labor Code 98.7(a). Only employee who make actual complaint or claim are protected. Labor Code 98.6(b).  Such an employee is entitled to reinstatement and reimbursement for lost wages and work benefits caused by the unlawful acts of the employer.  

This protection is especially important to those employees who make a wage claim or overtime claim against their existing employer by filing a wage claim with the DLSE (Department of Labor Standards Enforcement), and who are concerned about being retaliated or fired as a result.