ARTICLE 3. Remedies for Employer Discrimination [1596.880 - 1596.883]
( Article 3 added by Stats. 1984, Ch. 1615, Sec. 9. )
For the purposes of this article:
(a)
“Employee” means employee of a licensee or employee of the agent of a licensee subject to this act.
(b)
“Employer” means a licensee or agent of a licensee subject to this act.
(Amended by Stats. 1985, Ch. 1064, Sec. 21.)
No employer shall discharge, demote, or suspend, or threaten to discharge, demote, or suspend, or in any manner discriminate against any employee who takes any of the following actions:
(a)
Makes any good faith oral or written complaint of the violation of any licensing or other laws by the employer to the State Department of Social Services or other agency having statutory responsibility for enforcement of the law or to the employer or representative of the employer.
(b)
Institutes, or causes to be instituted, any proceeding against the employer in relation to the violation of any licensing or other laws.
(c)
Is, or will be, a witness or testify in a proceeding in relation to the violation of any licensing or other laws.
(d)
Refuses to perform work in violation of a licensing law or regulation after notifying the employer of the violation.
Employees shall be notified in writing at the time of employment of their rights under this chapter, as evidenced by their signature on a notification form outlining actions protected by this section. Forms to be utilized for this purpose shall be kept on file at the facility. The department shall provide each facility with the notification forms, which shall include information regarding enforcement pursuant to relevant Labor Code sections.
“Other laws” for the purposes of this section, includes, but is not limited to, laws relating to staff-child ratios, transportation of children, or child abuse.
(Amended by Stats. 1987, Ch. 489, Sec. 1.)
(a)
A claim by the employee alleging the violation by the employer of Section 1596.881 shall be presented to the employer within 45 days after the action as to which complaint is made and presented to the Division of Labor Standards Enforcement not later than 90 days after the action as to which complaint is made.
(b)
Upon receipt of the complaint, the Division of Labor Standards Enforcement shall cause whatever investigation to be made as it deems appropriate.
(c)
If upon investigation the Division of Labor Standards Enforcement determines that the employer has violated Section 1596.881, it shall bring an action in any appropriate court against the employer.
(d)
In any such action, the court shall have jurisdiction, for cause shown, to issue restraining orders and order all appropriate relief, including rehiring and reinstatement of the employee of his or her former position with backpay and benefits.
(e)
Within 30 days of the receipt of a complaint pursuant to this section, the Division of Labor Standards Enforcement shall review the facts of the employee’s complaint and either set a hearing date or notify the employee and the employer of its decision. Where necessary, the Division of Labor Standards Enforcement shall begin the appropriate court action to enforce the decision.
(f)
Except for any grievance procedure or arbitration or hearing that is available to the employee pursuant to a collective bargaining agreement, this section is the exclusive means for presenting claims under this article.
(Amended by Stats. 1987, Ch. 489, Sec. 2.)
Any employer who willfully refuses to rehire, promote, or otherwise restore an employee or former employee who has been determined to be eligible for the rehiring or promotion by a grievance procedure, arbitration, or hearing authorized by law, is guilty of a misdemeanor.
(Added by Stats. 1984, Ch. 1615, Sec. 9.)