CA SB497

Creates a rebuttable presumption favoring employee claims if an employer takes prohibited action within 90 days of protected activity under Labor Code Sections 98.6, 1102.5, and 1197.5.

Changes civil penalty structure for whistleblower retaliation violations from a maximum of $10,000 per corporation/LLC to $10,000 per employee for each violation, awarded directly to the affected employee.

Requires the Labor Commissioner to consider the nature and seriousness of whistleblower retaliation violations, including type of violation, economic or mental harm suffered, and chilling effect on workplace rights.

Extends the 90-day rebuttable presumption protection to wage discrimination claims, applying when employers take action against employees within 90 days of the employee invoking or assisting in enforcement of equal pay provisions.

Approved by Governor on October 8, 2023, and effective as Chapter 612.