Retaliation for Wage Complaints: What Your Employer Cannot Do

California Labor Code § 98.6 prohibits employers from retaliating against workers who file wage claims, complain about wage violations, or participate in any enforcement action. Retaliation adds significant liability on top of the underlying wage claim.

What Counts as Retaliation

Retaliation includes: termination, demotion, reduction in hours, hostile work environment, negative performance reviews, or any adverse action taken because of protected activity. Protected activity includes: filing a DLSE claim, complaining to the employer about wages, telling coworkers about wage violations, or participating as a witness in someone else’s wage claim.

Timing creates a presumption. An employer who fires you, cuts your hours, or demotes you within a short time after you assert wage rights is going to have to explain that timing. Workers who document the sequence — the date of the complaint, the date of the adverse action — build the retaliation case automatically as it unfolds. The retaliation claim often becomes more valuable than the original wage claim.

The California Wage Theft Recovery System gives workers the exact tools and templates to document violations, calculate what they’re owed, and file the right claims — without paying an attorney to get started. Request your free evaluation here.