California Employers Now Presumed to Have Retaliated if Adverse Employment Action Takes Place Within 90 Days of Protected Activity

California Employers Now Presumed to Have Retaliated In Violation of the Labor Code if Adverse Employment Action Takes Place Within 90 Days of Protected Activity

Starting January 1, 2024, if an employer takes an adverse employment action against an employee who engaged in protected activity under the Labor Code within 90 days of the adverse employment action, then a California court will impose a rebuttable presumption that the employer engaged in retaliation against this employee, which the employer will then bear the burden of rebutting.  This new law will require employers to be mindful when handling certain personnel decisions (i.e., terminations, demotions, diminished responsibilities, etc.) and ensure the employer has documentary evidence to substantiate that the adverse employment action has nothing to do with the protected activity.  A copy of this new law can be found here.