California Labor Code § 98.6 LC provides you whistleblower protection if you report your employers’ wage and hour violations. Employers who retaliate or discriminate against you for whistleblowing face a $10,000 civil penalty.
Frequently-Asked-Questions
What kind of whistleblowing activity is protected?
California Labor Code 98.6 LC prohibits employers from retaliating or discriminating against you for exercising such rights as:
- asking for payment of wages that are due to you,
- reporting wage and hour violations to the Labor Commissioner, or
- expressing opinions about alternative workweeks.
Furthermore, whistleblower protection applies to you whether you are:
- an employee,
- an employee or job applicant who complained in the past to the Labor Commissioner about your prior employers, or
- an employee related to an employee who filed labor violation complaints.
What qualifies as retaliation or discrimination?
Common types of retaliatory or discriminatory behavior by employers include:
- terminating you,
- demoting you,
- denying you a promotion,
- harassing you, or
- suppressing your opinions.1
Example: Tom reports to the California Labor Commissioner that his boss is paying less than minimum wage. When Tom’s boss finds out, she demotes him. Here, the boss violated LC 98.6 by retaliating against Tom for reporting a wage and hour violation.
California Labor Code 98.6 LC provides protection to employees who report wage/hour violations.
I was fired for whistleblowing in California – now what?
If you have faced retaliation from your employer for speaking out as a whistleblower, there are steps you can take to seek justice.
You can file a complaint with the California Labor Commissioner, which will investigate the matter and take action if it finds that you have been treated unfairly. However, you should act quickly as you typically only have a year from the time of retaliation to file the complaint.
Another option is to file a lawsuit, but this is a more complex process. It is recommended that you speak with a labor law attorney to explore your options and receive guidance on how to receive the best possible outcome, including a financial settlement.
What money can I get?
If you were retaliated against in violation of LC 98.6, you can receive a civil penalty of up to $10,000 from the employer for each violation. If you were wrongfully fired for being a whistleblower, you are entitled to:
- reinstatement, and
- reimbursement for lost wages.
Can I lose my job for mistakenly accusing my employer of breaking the law?
As long as you had a genuine belief that your employer was acting illegally when you reported them, they are not allowed to take any retaliatory actions against you, such as firing or demoting you.
In short, if you acted in good faith when making the report, you should be protected from any negative consequences.2
How can I show that I have been retaliated against?
There is a rebuttable presumption of retaliation if you get disciplined/discharged within 90 days of your whistleblowing.
If the employer then articulates a legitimate reason for their actions, you have to show that the adverse action was nonetheless retaliatory. You can do this by providing evidence, such as:
- witness statements,
- memos, or
- emails
that suggest your employer was unhappy with your conduct.3
Are there exceptions?
LC 98.6 does not apply to employers that are:
- law enforcement agencies,
- religious associations or corporations, or
- certain members of the media.
See our related article on whistleblower protection for employees who report legal violations (LC 1102.5).
Legal References
- California Labor Code 98.6 LC – Discrimination, discharge, or refusal to hire for exercise of employee rights; Reinstatement and reimbursement; Refusal to reinstate as misdemeanor; Applicability; Employer prohibited from retaliation. The beginning of the statute reads:
(a) A person shall not discharge an employee or in any manner discriminate, retaliate, or take any adverse action against any employee or applicant for employment because the employee or applicant engaged in any conduct delineated in this chapter, including the conduct described in subdivision (k) of Section 96, and Chapter 5 (commencing with Section 1101) of Part 3 of Division 2, or because the employee or applicant for employment has filed a bona fide complaint or claim or instituted or caused to be instituted any proceeding under or relating to their rights that are under the jurisdiction of the Labor Commissioner, made a written or oral complaint that they are owed unpaid wages, or because the employee has initiated any action or notice pursuant to Section 2699, or has testified or is about to testify in a proceeding pursuant to that section, or because of the exercise by the employee or applicant for employment on behalf of themselves or others of any rights afforded them.
See, for example: Ayala v. Frito Lay, Inc. (E.D. Cal. June 29, 2017), 263 F. Supp. 3d 891; Rope v. Auto-Chlor System of Washington, Inc. (Cal. App. 2d Dist. Oct. 16, 2013), 220 Cal. App. 4th 635. - See, for example, Mize-Kurzman v. Marin Community College Dist. (, 2012)
- SB 497.