SB 497 — Protected employee conduct.

Summary

(1) Existing law prohibits a person from discharging an employee or in any manner discriminating, retaliating, or taking any adverse action against any employee or applicant for employment because the employee or applicant engaged in protected conduct, as specified. Under existing law, an employee who is discharged, threatened with discharge, demoted, suspended, retaliated against, subjected to adverse action, or in any other manner discriminated against in the terms and conditions of their employment because, among other things, the employee engaged in protected conduct, as specified, the employee shall be entitled to reinstatement and reimbursement for lost wages and work benefits caused by those acts of the employer. This bill would create a rebuttable presumption in favor of the employee's claim if an employer engages in any action prohibited by this provision within 90 days of the protected activity specified in this provision. (2) Existing law prohibits employers and their agents from making, adopting, or enforcing a rule, regulation, or policy preventing an employee from disclosing information to certain entities or from providing information to, or testifying before, any public body conducting an investigation, hearing, or inquiry if the employee has reasonable cause to believe that the information discloses a violation of a law, as specified. Existing law also prohibits retaliation against an employee for various reasons. Under existing law, in addition to other penalties, an employer that is a corporation or limited liability company is liable for a civil penalty not exceeding $10,000 for each violation of this provision. This bill would instead establish that in addition to other remedies, an employer is liable for a civil penalty not exceeding $10,000 per employee for each violation of this provision, to be awarded to the employee who was retaliated against. The bill would require the Labor Commissioner, in assessing this penalty, to consider the nature and seriousness of the violation based on the evidence obtained during the course of the investigation, as prescribed. (3) Existing law prohibits an employer from paying an employee at wage rates less than the rates paid to an employee of the opposite sex for substantially similar work, when viewed as a composite of skill, effort, and responsibility, and performed under similar working conditions, except upon a specified demonstration by the employer. Existing law prohibits an employer from prohibiting an employee from disclosing the employee's own wages, discussing the wages of others, inquiring about another employee's wages, or aiding or encouraging any other employee to exercise these and other rights. Existing law prohibits an employer from discharging or discriminating or retaliating against an employee because of an action taken by the employee to invoke these and other provisions. Existing law requires a civil action brought in this regard to be commenced within no later than one year, as specified. This bill would create a rebuttable presumption in favor of the employee's claim if an employer engages in any action prohibited by this provision within 90 days of the protected activity specified in this provision.

Bill Text

• Chaptered 10/08/23 - Chaptered Current pdf October 08, 2023
• Enrolled 09/11/23 - Enrolled pdf September 11, 2023
• Amended 04/27/23 - Amended Senate pdf April 27, 2023
• Introduced 02/14/23 - Introduced pdf February 14, 2023
• SB497 View text html

Action History

1. October 08, 2023

   Chaptered by Secretary of State. Chapter 612, Statutes of 2023.

2. October 08, 2023

   Approved by the Governor.

3. September 13, 2023

   Enrolled and presented to the Governor at 4 p.m.

4. September 07, 2023

   In Senate. Ordered to engrossing and enrolling.

5. September 07, 2023

   Read third time. Passed. (Ayes 52. Noes 17. Page 3050.) Ordered to the Senate.

6. August 24, 2023

   Read second time. Ordered to third reading.

7. August 23, 2023

   From committee: Do pass. (Ayes 10. Noes 4.) (August 23).

8. July 13, 2023

   From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (July 12). Re-referred to Com. on APPR.

9. June 20, 2023

   From committee: Do pass and re-refer to Com. on L. & E. (Ayes 7. Noes 2.) (June 20). Re-referred to Com. on L. & E.

10. June 15, 2023

    Re-referred to Coms. on JUD. and L. & E. pursuant to Assembly Rule 96.

11. June 15, 2023

    Referred to Coms. on L. & E. and JUD.

12. May 31, 2023

    In Assembly. Read first time. Held at Desk.

13. May 30, 2023

    Read third time. Passed. (Ayes 29. Noes 10. Page 1346.) Ordered to the Assembly.

14. May 18, 2023

    Read second time. Ordered to third reading.

15. May 18, 2023

    From committee: Do pass. (Ayes 5. Noes 2. Page 1172.) (May 18).

16. May 12, 2023

    Set for hearing May 18.

17. May 08, 2023

    May 8 hearing: Placed on APPR suspense file.

18. May 02, 2023

    Set for hearing May 8.

19. April 27, 2023

    Read second time and amended. Re-referred to Com. on APPR.

20. April 26, 2023

    From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 2. Page 893.) (April 25).

21. April 14, 2023

    Set for hearing April 25.

22. April 13, 2023

    From committee: Do pass and re-refer to Com. on JUD. (Ayes 4. Noes 1. Page 712.) (April 12). Re-referred to Com. on JUD.

23. March 21, 2023

    Set for hearing April 12.

24. February 22, 2023

    Referred to Coms. on L., P.E. & R., JUD., and APPR.

25. February 15, 2023

    From printer. May be acted upon on or after March 17.

26. February 14, 2023

    Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

• Lola Smallwood-Cuevas · Primary

Votes

Subjects