Wage Complaint Retaliation Attorney

California Labor Code § 98.6 prohibits retaliation against employees who file wage claims, testify in wage proceedings, or exercise any right protected under the Labor Code. Labor Code § 1102.5 provides additional whistleblower protection. Penalties include reinstatement, back pay, a $10,000 penalty per violation, and attorneys' fees. The burden of proof shifts to the employer once the employee shows protected activity.

New York Labor Law § 215 prohibits retaliation against employees who make wage complaints, file wage claims, or testify in wage proceedings. Employers who retaliate face liquidated damages up to $20,000, plus back pay, reinstatement, and attorneys' fees. The employer also faces a $1,000 civil penalty. Retaliation within 90 days of protected activity creates a rebuttable presumption of unlawful retaliation.

No. Under the National Labor Relations Act (NLRA), employees have the right to discuss wages and working conditions with each other. California Labor Code § 232 specifically prohibits employers from retaliating against employees for disclosing or discussing wages. New York law similarly protects wage discussions. Policies prohibiting wage discussions are themselves illegal.

Document the retaliation immediately: note the dates of your complaint and the adverse action, save all communications, and identify witnesses. File a retaliation complaint with the California Labor Commissioner or New York DOL. You may also file a civil lawsuit. The close timing between your complaint and the adverse action is powerful evidence of illegal retaliation.