In this guide9 sections
California Labor Code section 98.6 makes it illegal to fire, discipline, threaten or otherwise retaliate against an employee or job applicant for complaining about unpaid wages, filing a claim with the Labor Commissioner, or exercising other rights the Labor Commissioner enforces. It is the main anti-retaliation rule for wage-and-hour and other Labor Code rights.
Section 98.6 has two features that make it unusually strong. If your employer takes action against you within 90 days of protected activity, the law presumes retaliation. And on top of lost pay, the employer can owe a civil penalty of up to $10,000 for each violation, paid to you.
This guide covers what section 98.6 says, what activity it protects, who is covered, the remedies and the deadlines. If you were fired after an internal complaint, see our step-by-step guide on being fired after complaining to HR.
- Labor Code 98.6 bars firing, threatening, demoting or otherwise retaliating against you for a written or oral complaint about unpaid wages, a Labor Commissioner claim, a PAGA notice, or exercising other Labor Code rights.
- If the employer acts against you within 90 days of protected activity, the law presumes retaliation; the employer can try to rebut it.
- You can recover reinstatement, lost wages and benefits, plus a civil penalty of up to $10,000 per violation, paid to you.
- Job applicants and family members of people who complained are protected too.
- A retaliation complaint with the Labor Commissioner generally must be filed within one year (Labor Code 98.7).
What Labor Code 98.6 says
Section 98.6 is in the part of the Labor Code that governs the Labor Commissioner (the Division of Labor Standards Enforcement). It was last amended effective January 1, 2024.
| Subdivision | What it says (paraphrased) |
|---|---|
| (a) | No person may discharge, discriminate, retaliate or take any adverse action against an employee or applicant for protected conduct, including wage complaints, Labor Commissioner claims and proceedings, PAGA actions or notices, and exercising rights on behalf of themselves or others. |
| (b)(1) | An employee who suffers retaliation is entitled to reinstatement and reimbursement for lost wages and work benefits. Adverse action within 90 days of protected activity creates a rebuttable presumption in the employee’s favor. |
| (b)(2) | Willfully refusing to rehire or restore an employee found eligible by a grievance, arbitration or hearing is a misdemeanor. |
| (b)(3) | Civil penalty of up to $10,000 per employee for each violation, awarded to the employee. |
| (c) | Applicants who are refused a job for protected conduct are entitled to employment and lost wages and benefits. |
| (d) | The remedies added in 2002 don’t apply to state or local law enforcement agencies, certain religious organizations, or certain news publishers. |
| (e), (f) | Family members are protected, and “employer” includes client employers and multi-employer worksite employers. |
| (g) | The family-member and client-employer rules apply to off-duty conduct claims under section 96(k) only if the conduct involved exercising other protected rights. |
What activity section 98.6 protects
Protected activity under section 98.6 is broad. It includes:
- ✅ Making a written or oral complaint that you are owed unpaid wages, to your employer or anyone else.
- ✅ Filing a bona fide complaint or claim with the Labor Commissioner, or starting any proceeding about rights the Labor Commissioner enforces.
- ✅ Sending a PAGA notice, filing a PAGA action, or testifying in one.
- ✅ Exercising Labor Code rights “on behalf of themselves or others,” such as asking for meal breaks, using paid sick leave, or speaking up about a coworker’s pay.
- ✅ Conduct protected by Labor Code 1101 to 1106, including political activity and whistleblowing under section 1102.5.
- ✅ Lawful off-duty conduct described in Labor Code 96(k).
You don’t have to file anything official. A spoken complaint to a manager that your overtime was missing is enough to trigger protection. For claims filed with the Labor Commissioner, the statute protects a “bona fide” complaint or claim, meaning one made in good faith. Retaliation can be firing, but also a demotion, cut hours, a suspension, threats, or any other adverse action.
Who section 98.6 covers
The statute says “a person shall not” retaliate, so it reaches employers and the people acting for them. It protects current employees and applicants for employment. It also protects family members of someone who engaged in protected conduct, and it treats client employers that use staffing or labor contractors as employers.
There is one carve-out. Under subdivision (d), the remedies that took effect in 2002 do not apply to state or local law enforcement agencies, religious associations or corporations excluded from FEHA, and certain publishers and reporters. Workers in those settings may still have other protections.
A complaint about missing overtime or a short paycheck is protected, even if you only said it out loud. We can review the timing and your options in a free, confidential consultation.
The 90-day presumption
Section 98.6(b)(1) says that if an employer takes a prohibited action within 90 days of the protected activity, “there shall be a rebuttable presumption in favor of the employee’s claim.” In practice, that shifts the burden: the employer has to come forward with evidence that it acted for a legitimate reason.
💡 Example: Jorge, a hypothetical line cook, tells his manager on March 3 that his last two paychecks were missing overtime. On April 20 he is fired for “attitude.” That is 48 days later (28 remaining days in March plus 20 in April), so the 90-day presumption applies. His employer can still try to prove a legitimate reason, but it starts at a disadvantage.
A presumption is not a guarantee, and retaliation more than 90 days later can still be proven with other evidence, such as comments, a sudden change in reviews, or a pretextual reason. Labor Code 1197.5(k) contains a parallel 90-day presumption for equal pay complaints.
Remedies and penalties
- Reinstatement to your job.
- Lost wages and work benefits caused by the retaliation.
- Civil penalty of up to $10,000 per employee for each violation, awarded to you.
- Through the Labor Commissioner (section 98.7): interest on lost wages, reasonable attorney’s fees for any hearing, and an order to post notices to employees. If an employer ignores a court order to reinstate or post notices, it can owe $100 a day, up to $20,000, paid to the employee.
- For applicants: the job and lost wages and benefits.
Don’t forget the underlying wages. If your complaint was about unpaid overtime or missed breaks, those claims, and any waiting-time penalties if you were fired, are separate. Our wage and hour calculator can give you a rough estimate.
Deadlines and where to file
| Option | Deadline | Source |
|---|---|---|
| Retaliation complaint with the Labor Commissioner | Within 1 year of the violation; may be extended for good cause | Labor Code 98.7(a) |
| Lawsuit in court | Section 98.6 sets no deadline of its own; courts generally apply 3 years for liabilities created by statute, though a 1-year limit may be argued for the penalty | Code Civ. Proc. 338(a), 340(a) |
You can file a retaliation complaint online with the Labor Commissioner’s Office. A discrimination complaint investigator reviews it, and the Labor Commissioner is supposed to issue a determination within one year of filing. If it finds a violation, it can order reinstatement, back pay, penalties and notice posting, and sue the employer if it doesn’t comply. If it dismisses your complaint, you can still go to court, and your court deadline is paused while the complaint is pending. You never have to use the Labor Commissioner first (Labor Code 98.7(g)). Our comparison of a Labor Commissioner claim vs. hiring a lawyer can help you choose.
Related sections
- Labor Code 98.7: how the Labor Commissioner investigates retaliation complaints.
- Labor Code 1102.5: whistleblower retaliation. See our Labor Code 1102.5 explainer.
- Labor Code 232 and 232.5: your right to discuss pay and working conditions.
- Labor Code 1197.5(k): retaliation under the Equal Pay Act.
- Labor Code 6310: retaliation for safety complaints.
- Labor Code 96(k): lawful off-duty conduct.
Our guide to filing a retaliation claim explains how these laws are used together.
What to do if you were retaliated against
- Write down the date and details of your complaint, and who heard it.
- Count the days between the complaint and the adverse action.
- Keep pay stubs and time records that show the wage problem you raised.
- Request your personnel file and payroll records in writing.
- Don’t sign a release or severance agreement before it’s reviewed.
- File with the Labor Commissioner within one year, or talk to an attorney about going to court.
Frequently asked questions
Is a verbal complaint about my pay protected under Labor Code 98.6?
Yes. Section 98.6 protects a “written or oral complaint” that you are owed unpaid wages.
Does the 90-day presumption mean I automatically win?
No. It is a rebuttable presumption. It puts the burden on the employer to show a legitimate reason, but the employer can still try to prove one.
Can I be fired for filing a claim with the Labor Commissioner?
No. Filing a bona fide claim or complaint with the Labor Commissioner is protected, and so is testifying in a proceeding.
Are job applicants protected?
Yes. An applicant refused a job because of protected conduct is entitled to employment and lost wages and benefits under subdivision (c).
How much is the penalty for retaliation?
Up to $10,000 per employee for each violation, awarded to the employee, in addition to lost wages, benefits and reinstatement.
Workers only. Never employers.
At Employees First Labor Law, we represent California workers only, never employers. Our team has recovered more than $200 million for our clients, and we prepare every case as if it is going to trial. We have offices in Pasadena, Irvine, Long Beach, Pomona, Riverside, Bakersfield and Fresno, and we serve workers throughout California. Meet our team.
If you were fired, cut back or threatened after complaining about wages, filing a Labor Commissioner claim or standing up for coworkers’ pay, we can review your rights under Labor Code 98.6. Our attorneys help California workers recover lost pay, penalties and the wages they were owed in the first place.
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This article provides general information about California law and is not legal advice for any specific situation. Reading it does not create an attorney-client relationship. Past results do not guarantee a similar outcome.
