As more Californians allege on-the-job violations, labor groups say bosses retaliate

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As more Californians allege on-the-job violations, labor groups say bosses retaliate
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More workers are filing claims with the state alleging employers are retaliating against them for engaging in legally protected activities, such as seeking overtime pay or reporting wage theft or discrimination. The state’s waitlist for investigations and hearings is growing, and few workers have won their claims.

, was one of the state’s rare public crackdowns against retaliation — the act of employers firing workers, changing their schedules, cutting their hours or otherwise disciplining them for making legitimate complaints about working conditions.

California workers last year filed an average of 706 claims of workplace retaliation per month with the state’s Labor Commissioner’s Office, which enforces many labor laws including those banning wage theft. Those who do complain of retaliation may wait years before the state investigates or hears their claims.

She and her 8-year-old son relied more on her husband as the primary breadwinner as inflation rose during the pandemic. Aguilar later got a job at another McDonald’s. It was a longer commute, and the cost of gas ate into their budgets. The state ordered the defendants and the late Sanchez’s estate to pay the four workers back wages and the restaurant’s new owner, DRS Hospitality, LLC, to rehire them. Aguilar, the office ruled, was owed more than $14,700 for the lost hours, plus back pay and $10,000 in penalties.

The sisters, immigrants from Guatemala, said they had previously been involved in workplace activism with the help of the Koreatown workers alliance, demanding rest breaks and sick time at the same restaurant. Veronica, who in Dec. 2021 filed for a restraining order against a coworker, said in her petition that she had repeatedly reported workplace sexual harassment to management.

Veronica has since left the restaurant, and Sandra said she has thought about it too. But she added that she hopes the lawsuit can improve things, so she wants to see it through. Other state and federal laws ban retaliation for reporting harassment or discrimination or for organizing a union. Business groups including the California Chamber of Commerce oppose the measure, arguing it would invite frivolous retaliation claims.

These concerns killed a similar measure the Legislature passed in 2002. That bill was an effort to encourage workers in the underground economy to come forward about labor violations. In 2022, nearly a third of the unit’s 60 positions were vacant. The Legislature has since added funding to grow the unit to 94 positions in the next year, but the office’s employees have complained ofRepresentatives for the Labor Commissioner’s Office said their increased outreach to workers about labor rights may be in part driving an influx of retaliation claims.

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