DIR Proposal Seeks to Clarify Civil Penalties for Employers That Violate Anti-Retaliation Laws

The Department of Industrial Relations has proposed a rulemaking change that could add some nuance and clarity to California’s anti-retaliation standards, including a more measured enforcement of a $10,000 maximum penalty for employers accused of breaking the law. Under the proposal, the labor commissioner would be able to consider a new list of factors that could lessen the penalty against employers, including the nature of the violation and whether the company has been proactive in fixing its mistakes. This could mean fewer penalties for smaller employers, as well as companies w...