Workers Join Sen. Smallwood-Cuevas to Rally Against Retaliation with SB 497
Senator Lola Smallwood-Cuevas (D-Los Angeles) today joined workers, unions and labor groups at the State Capitol to rally in support of her bill, SB 497 – The Equal Pay and Anti-Retaliation Act – that protects workers who report labor violations from being fired, bullied or harassed. During the rally, Senator Smallwood-Cuevas called on state lawmakers to take action against retaliation: Employers’ use of fear and punishment to prevent workers from reporting labor violations.
“You’ve made enormous sacrifices to get here – taking time away from work, your families, and traveling this far to tell your stories to legislators. And I want you to know I hear you, and I’m going to fight to make sure everyone in this building hears you,” said Senator Smallwood-Cuevas. “The halls of power don’t often hear your stories, and California leaders need to hear them. I’m proud to stand with you and sponsor SB 497, a bill aimed at ending the silence that denies workers justice.”
While strong on paper, California’s labor laws are weakened by employers’ nearly unlimited ability to fire, bully and harass workers who come forward to report labor violations, health and safety issues, or pay inequity. Workers say passing SB 497 is critical to shifting the imbalance of power in workplaces that too often silences workers.
“Workers and advocates have fought long and hard to create strong laws against wage theft and to create pay equity and workplace safety, but these tools don’t change the fundamental balance of power that leaves workers vulnerable to being fired or punished for speaking up about violations,” said Sheheryar Kaoosji, Co-Chair of California Coalition for Worker Power (CCWP) and Executive Director of the Warehouse Worker Resource Center. “That’s why workers have come together from across California to demand leaders address the imbalance of power that keeps too many workers in silence when their rights are violated.”
SB 497 would allow the Labor Commissioner to presume retaliation has occurred when the employer punishes or terminates a worker within 90 days of the worker’s complaint of a labor violation, health and safety hazards, or unequal pay. Current law is stacked in favor of employers, as workers have a difficult time establishing retaliation in even the most blatant of cases without direct access to the employer’s records. The bill will give employers the opportunity to rebut the presumption by providing evidence that their action was not retaliatory. The “rebuttable presumption” framework is currently found in many parts of California’s labor-related statutes, including cases of immigration-related retaliation and sick leave-related retaliation, but it is missing in the core areas of wage and hour violations, health and safety, and equal pay.
Alexandra Suh, Executive Director of KIWA and Co-Chair of CCWP added: "It’s workers of color and workers in low-paying jobs who are most at risk of intimidation, bullying, and even firing when they stand up for their rights. We have to change the rules that put such a high burden on workers to prove retaliation, or California’s workers will continue to be exploited despite all the laws we have on paper.”
Senator Smallwood-Cuevas has also advocated for the continued investment in a highly successful community/state partnership to educate workers about their rights – the COVID-19 Workplace Outreach Program (CWOP). CWOP has reached more than six million workers in 42 languages about their safety and their rights. A $25 million investment to expand and extend CWOP – to be renamed the California Workplace Outreach Program – was included in the budget that legislators recently sent to Governor Newsom’s desk.
Senator Lola Smallwood Cuevas represents the 28th Senate District, which includes the communities of South Los Angeles, Culver City, West Los Angeles, Century City and Downtown Los Angeles. Senator Smallwood-Cuevas spent more than two decades serving as a labor organizer, civil rights activist and community advocate before her election to the State Senate. She resides in the View Park community of Los Angeles with her family.
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