Retaliation Claims: The Burden of Proof Shifted to the Employer

There is a significant change in employee protection laws that you need to be aware of that began on January 1, 2024. The Equal Pay and Anti-Retaliation Protection Act, also known as SB 497, took effect, shifting the burden of proof for employee retaliation claims to employers.

Under this new law, if an employee experiences an adverse employment action within 90 days of participating in a protected activity, there is a presumption that the employer engaged in retaliation against them. This means that the burden of proof now rests solely on you, the employer, to provide solid evidence to dispute the employee's claim.

It's important to note that this new law should serve as a reminder to treat employee complaints about pay and any violations of the Labor Code carefully. It's essential to avoid any actions that could be perceived as illegal retribution towards an employee.

Therefore, it's crucial to ensure that your workplace policies and practices are in line with the new law to avoid any potential legal consequences. Make sure that you have a clear process in place for handling employee complaints and that you are proactive in addressing any concerns raised by your employees.

Take proactive measures by reaching out to an HR consultant who can provide you with tailored guidance and support.