California Labor Code 2105 – For purposes of this part, there shall be a rebuttable presumption of …
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For purposes of this part, there shall be a rebuttable presumption of unlawful retaliation if an employer in any manner discriminates, retaliates, or takes any adverse action against any employee within 90 days of the employee doing either of the following:
(a) Initiating the employee’s first request in a calendar year for information about a quota or personal work speed data pursuant to subdivision (a) of Section 2104.
Terms Used In California Labor Code 2105
- Agency: means the Labor and Workforce Development Agency. See California Labor Code 18.5
- Commissioner: means the Labor Commissioner. See California Labor Code 2100
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Division: means the Division of Occupational Safety and Health. See California Labor Code 2100
- Employee: means a nonexempt employee who works at a warehouse distribution center. See California Labor Code 2100
- Employer: means a person who directly or indirectly, or through an agent or any other person, including through the services of a third-party employer, temporary service, or staffing agency or similar entity, employs or exercises control over the wages, hours, or working conditions of 100 or more employees at a single warehouse distribution center or 1,000 or more employees at one or more warehouse distribution centers in the state. See California Labor Code 2100
- Quota: means a work standard under which an employee is assigned or required to perform at a specified productivity speed, or perform a quantified number of tasks, or to handle or produce a quantified amount of material, within a defined time period and under which the employee may suffer an adverse employment action if they fail to complete the performance standard. See California Labor Code 2100
- Violation: includes a failure to comply with any requirement of the code. See California Labor Code 22
(b) Making a complaint related to a quota alleging any violation of Sections 2101 to 2104, inclusive, to the commissioner, the division, other local or state governmental agency, or the employer.
(Added by Stats. 2021, Ch. 197, Sec. 3. (AB 701) Effective January 1, 2022.)