What are the Rules on Retaliation or Discrimination Based on the Assertion of Workplace Rights?
Any employee, who is discharged, threatened with discharge, demoted, suspended, or in any manner discriminated and/or retaliated against in the terms and conditions of his or her employment for engaging in a “protected activity” under the jurisdiction of the labor commissioner may file a complaint with the Division of Labor Standards Enforcement (Division of Labor Standards Enforcement). Examples of some protected activities include filing or threatening to file a wage claim with the Labor Commissioner’s office, taking time off to serve on a jury, complaining about a safety or health hazard, and/or refusing to perform work that may be hazardous.There are specific time limits for filing a complaint for discrimination/retaliation with the Division of Labor Standards Enforcement. The majority of the Labor Code Sections and Industrial Welfare Commission Orders require that the complaint be filed within six months of the discriminatory/retaliatory act. However, certain Labor Code Sections h
