Workplace Retaliation Lawyer in Bakersfield

If you experienced workplace retaliation at a Bakersfield workplace, you have strong protections under California law. We represent employees only, never employers, and offer a free, confidential consultation. 1-800-371-3088.

What Is Workplace Retaliation in Bakersfield

Retaliation against employees who exercise legal rights is independently illegal under California law, separate from the underlying complaint. Common statutory bases for Bakersfield workers include Labor Code section 1102.5 (whistleblower retaliation; up to $10,000 per violation civil penalty under section 1102.5(f)), Labor Code section 98.6 (retaliation for filing a wage complaint), Labor Code section 6310 (Cal/OSHA retaliation; 6-month deadline to file with Cal/OSHA), Labor Code section 232 (retaliation for discussing wages with coworkers), Labor Code section 132a (workers' compensation retaliation), Cal. Government Code section 12940(h) (FEHA-protected-activity retaliation), Cal. Government Code section 8547 (California Whistleblower Protection Act for state employees), and Health and Safety Code section 1278.5 (hospital-worker patient-safety retaliation; $25,000-per-violation civil penalty).

Bakersfield Industries Where Retaliation Claims Are Most Common

• Oil and gas extraction workers at Chevron, CRC, and Berry Petroleum - at Chevron Corporation (NYSE: CVX) Central California operations headquartered in Bakersfield, which employ more than 750 workers (engineers, environmental scientists, geologists, and field staff) serving the Kern River Oil Field and other San Joaquin Valley operations; at California Resources Corporation / CRC (NYSE: CRC); and at Berry Corporation / Berry Petroleum (NASDAQ: BRY). Kern County is one of the nation's leading energy producers. Oil and gas workers are covered by Cal/OSHA Process Safety Management standards (Cal. Code Regs., tit. 8, section 5189), the federal OSH Act section 11(c) (29 U.S.C. section 660), the Clean Air Act whistleblower provision (42 U.S.C. section 7622), and California Labor Code section 6310 (retaliation for safety reporting). Public-company employees of Chevron (NYSE: CVX), CRC (NYSE: CRC), and Berry Corporation (NASDAQ: BRY) are also protected by Sarbanes-Oxley (18 U.S.C. section 1514A) and Dodd-Frank section 922 (15 U.S.C. section 78u-6). Heavy-equipment operators and field workers are non-exempt employees entitled to overtime under Cal. Labor Code section 510.
• Agricultural and farmworker employees - in the carrot, mandarin, citrus, almond, pistachio, grape, and row-crop fields and packing houses surrounding Bakersfield. Major Kern County agricultural employers include Grimmway Farms (headquartered in Bakersfield - one of the largest carrot producers in the world), Sun Pacific (Cuties mandarin oranges - on the EDD Major Employer list for Kern County), Bolthouse Farms, Wonderful Citrus (Wonderful Pistachios / Wonderful Halos parent), and many smaller grower-shippers. Agricultural workers are covered by: (1) the Agricultural Labor Relations Act (ALRA, Cal. Labor Code section 1140 et seq.) with the Agricultural Labor Relations Board (ALRB) handling unfair labor practice claims; (2) AB 1066 (Cal. Labor Code section 857) daily/weekly overtime for farmworkers (8 hours per day, 40 hours per week threshold phased in by 2022); (3) Cal/OSHA heat illness prevention regulations (Cal. Code Regs., tit. 8, section 3395) - especially critical in the hot San Joaquin Valley summer; and (4) protections for migrant and seasonal agricultural workers under MSPA (29 U.S.C. section 1801 et seq.).
• Manufacturing workers at Frito-Lay - at the Frito-Lay (PepsiCo / NASDAQ: PEP) Bakersfield manufacturing plant. Manufacturing workers are covered by Cal/OSHA standards (Cal. Code Regs., tit. 8), California Labor Code section 6310 (retaliation for safety reporting), and federal OSH Act section 11(c) (29 U.S.C. section 660). Production-line workers are non-exempt employees entitled to overtime under Cal. Labor Code section 510. Public-company employees of PepsiCo (NASDAQ: PEP) are also protected by Sarbanes-Oxley (18 U.S.C. section 1514A) and Dodd-Frank section 922 (15 U.S.C. section 78u-6).
• Healthcare workers - at Kern Medical (1700 Mount Vernon Avenue, Bakersfield, CA 93306 - 222-bed acute-care teaching hospital; the only advanced trauma care between Fresno and Los Angeles; Kern County's safety-net hospital, governed by the Kern County Hospital Authority), Adventist Health Bakersfield (2615 Chester Avenue - 253-bed non-profit hospital that has served Kern County for more than 100 years; legal name "San Joaquin Community Hospital dba Adventist Health Bakersfield"), Bakersfield Memorial Hospital / Dignity Health (420 34th Street - more than 385 licensed beds; founded 1956), Mercy Hospital Downtown (2215 Truxtun Avenue, Dignity Health), and Mercy Hospital Southwest (Dignity Health - the only acute-care hospital west of Highway 99, recently expanded with a 106-bed tower including 16 orthopedic + 24 ICU + 18 NICU beds - the first Kern County NICU with private family suites). Covered by SB 525 healthcare-worker minimum-wage schedule (Cal. Labor Code sections 1182.14, 1182.15, 1182.16), California Health and Safety Code section 1278.5 ($25,000-per-violation civil penalty for patient-safety retaliation), and CNA / SEIU-UHW collective bargaining agreements. Kern Medical employees, as workers of a Kern County Hospital Authority public agency, may have public-sector protections including the 6-month government-claim deadline.
• Education workers at KHSD, BCSD, CSUB, and Bakersfield College - at the Kern High School District / KHSD (California's LARGEST grades 9-12 high school district with over 42,000 students and 3,500 employees across 19 comprehensive high schools plus 5 alternative and magnet schools; district office at 5801 Sundale Avenue, Bakersfield, CA 93309-2924; (661) 827-3100; founded 1893), the Bakersfield City School District / BCSD (K-8 with approximately 3,674 staff at 1300 Baker Street, (661) 631-4600), the Panama-Buena Vista Union School District, California State University, Bakersfield / CSUB (9001 Stockdale Highway, Bakersfield, CA 93311; part of the CSU system), and Bakersfield College (1801 Panorama Drive, Bakersfield, CA 93305; part of the Kern Community College District / KCCD - one of California's oldest community colleges, serving Kern County for over 100 years). K-12 teachers are covered by the California Education Code sections 44930-44987 (permanent teacher tenure, dismissal procedures, and Skelly hearings). CSUB faculty are covered by the CSU collective bargaining agreement (CFA contract). All public-school, community-college, and CSU employees are subject to the 6-month government-claim deadline.
• Retail and consumer-services workers - at the Valley Plaza Mall, The Marketplace, Outlets at Tejon (in nearby Tejon Ranch), and chain retailers along Stockdale Highway, Rosedale Highway, Ming Avenue, and California Avenue, including Costco, Target, Walmart, Home Depot, and many fast-food and restaurant chains. Fast-food workers at chains with 60+ national locations earn the $20.00/hour AB 1228 floor (Cal. Labor Code section 1474).
• Government and public-sector workers - at the City of Bakersfield (1600 Truxtun Avenue - charter city since 1915 with a council-manager form of government), the Bakersfield Police Department (officers subject to POBR / Cal. Gov. Code section 3300 et seq.), the Bakersfield Fire Department, Kern County government, and Edwards Air Force Base (in eastern Kern County - federal civilian employees covered by the Civil Service Reform Act / CSRA, 5 U.S.C. section 2302, and the Whistleblower Protection Act / WPA and WPEA, 5 U.S.C. section 2302(b)(8); federal contractors covered by NDAA section 4712 / 41 U.S.C. section 4712 and the False Claims Act anti-retaliation provision, 31 U.S.C. section 3730(h)). Subject to the 6-month Government Claims Act deadline for state and local public employers.
• Warehouse and logistics workers - along the State Route 99 / Interstate 5 corridor. Warehouse workers are protected by the Warehouse Quotas Act (AB 701, Cal. Labor Code sections 2100-2112) - which requires written quota disclosures, prohibits undisclosed quotas, and prohibits quotas that prevent compliance with meal/rest breaks or OSHA. Workers may also have client-employer joint liability claims under Cal. Labor Code section 2810.3 if working through staffing agencies.

SB 497 Rebuttable Presumption

SB 497 (effective January 1, 2024) amended Labor Code sections 98.6, 1102.5, and 1197.5 to create a rebuttable presumption of retaliation when an employer takes adverse action within 90 days of a protected complaint. The burden shifts to the employer to prove a non-retaliatory reason for the adverse action - a major change that strengthens Bakersfield retaliation claims. AB 692 (effective January 1, 2026) added Labor Code section 926, which voids most "stay-or-pay" contract terms.

California Law

For the full California retaliation framework, including Labor Code sections 1102.5, 98.6, 6310, 232, and 132a, the California Whistleblower Protection Act (Cal. Government Code section 8547), and FEHA retaliation (Cal. Government Code section 12940(h)), see our California employment law page.

What Compensation Can You Recover

Back pay, front pay, emotional-distress damages, punitive damages (where allowed by statute), civil penalties (up to $10,000 per violation under Labor Code section 1102.5(f); up to $25,000 per violation under Health and Safety Code section 1278.5), and attorneys' fees and costs (Labor Code section 1102.5(j)). For details, see our California employment law page.

How to File a Retaliation Claim in Bakersfield

Whistleblower and wage-retaliation claims can be filed with the California Labor Commissioner (DLSE Bakersfield Office, 7718 Meany Avenue, Bakersfield, CA 93308). Cal/OSHA retaliation claims under Labor Code section 6310 have a 6-month deadline; statewide complaint line (833) 579-0927. FEHA retaliation claims go to the California Civil Rights Department (CRD), Fresno Office, 1277 East Alluvial Avenue, Suite 101, Fresno, CA 93720. Civil suits are heard at the Kern County Superior Court, Metropolitan Division, 1415 Truxtun Avenue, Bakersfield, CA 93301. Call us at 1-800-371-3088 before any deadline.