Major 770 Victory
to Protect California
Workers Against
Retaliation
Governor Brown recently signed Senate Bill 306 into law—a bill crafted and promoted by
UFCW Local 770 to strengthen protections against workplace retaliation. It sends a clear
message to employers that discrimination against protected activity will not be tolerated.
This new law allows the union to get a court order immediately preventing employers
from retaliating against employees who report violations of the law.
It also makes it easier for the employee to get this protection by making it easier
to prove retaliation—a significant victory for workers and our union.
Another great victory in this bill is that it allows the government to directly issue
citations and penalties to the employers violating the law. Before this law, the
California Labor Commissioner was required to sue violators who did not
comply. Now they are cited just like any other business in violation of law.
The law also allows the state to require employers to, if necessary,
rehire or reinstate employees, pay back wages, pay attorney’s fees,
and pay penalties. The penalties can add up to as much as $20,000 —
all of which is paid into the hands of the affected employee.
Also, the new law allows the Labor Commissioner to start an
investigation of a retaliation even if no complaint was filed, but
the violation found in the course of another investigation. If
the state believes it found a retaliation violation in the course
of solving a wage claim, during a field inspection, or in
instances of immigration-related threats, it can charge
the employer with retaliation under this new, broader law
without waiting for a formal complaint.
Overall, SB 306 improves working conditions
across the State by providing quick and powerful
enforcement mechanisms to stop employers from
wrongfully punishing workers for asserting their
protected rights. We are proud to have played
a role in strengthening our laws to discourage
retaliation before it happens and to advance
the rights of workers in standing up against
workplace injustice.
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