Landmark Anti-Retaliation Bill Set to Move to Governor's Desk
The California State Assembly yesterday passed SB 497 – The Equal Pay and Anti-Retaliation Act, positioning the bill to move forward to the Governor’s desk to sign into law. Authored by Senator Lola Smallwood-Cuevas (D-Los Angeles), the bill will protect workers who report labor violations from being fired, bullied or harassed.
“By passing SB 497, California has taken a significant step toward ensuring that workers can report workplace violations without fear of retaliation. This legislation reinforces our commitment to fairness, equality, and the well-being of our workforce,” said Senator Smallwood-Cuevas. “Let’s now await Governor Newsom’s signature to make it a reality.”
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 equity. 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.
Threats of retaliation have chilling effects in workplaces where employers maintain an unfair imbalance of power over workers’ jobs and earnings. According to the California Coalition for Worker Power that sponsored SB 497, threats of retaliation was enough to stop more than 40 percent of workers from seeking remedy for unjust and illegal conditions. An even greater share of Black and Latinx workers – 55 percent and 46 percent, respectively – say the risks of speaking out are too high, making preventing retaliation a critical equity issue.
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.