Cal-Peculiarities: How California Employment Law is Different - 2023 Edition

288 | 2023 Cal-Peculiarities ©2023 Seyfarth Shaw LLP www.seyfarth.com LC § Description Penalty 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. 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 921922 Employee Rights to Organize. Employers must not attempt to influence or interfere with workers’ rights to join or support a union. Employers must not force employees to agree not to join a union. LC 2699

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