Retaliation actions: complaints: administrative review.

(1) Existing law prohibits a person from discharging or otherwise discriminating, retaliating, or taking any adverse action against any employee or applicant for employment because the employee or applicant engaged in specified protected conduct. Under existing law, an aggrieved employee or applicant is entitled to reinstatement or employment and reimbursement for lost wages and work benefits caused by acts of the employer in violation of this prohibition, and may file a complaint with the Division of Labor Standards Enforcement (division) . Existing law requires a discrimination complaint investigator to investigate, and submit a report on, each complaint to the Labor Commissioner; authorizes the commissioner to designate specified officers to review the report; and authorizes the commissioner to hold an investigative hearing on the report if, after reviewing the report, the commissioner determines that a hearing is necessary. This bill would authorize the division to commence an investigation of an employer, with or without a complaint being filed, when specified retaliation or discrimination is suspected during the course of a wage claim or other specified investigation being conducted by the Labor Commissioner. The bill would also authorize the commissioner, upon finding reasonable cause to believe that any person has engaged in or is engaging in a violation, to petition a superior court for prescribed injunctive relief. The bill would require a court, if an employee has been discharged or faced adverse action for raising a claim of retaliation for asserting rights under any law under the jurisdiction of the commissioner, to order appropriate injunctive relief on a showing that reasonable cause exists to believe a violation has occurred. The bill would provide that temporary injunctive relief under these provisions would not prohibit an employer from disciplining or terminating an employee for conduct that is unrelated to the claim of the retaliation. (2) Existing law requires the commissioner, if the commissioner determines a violation has occurred, to direct the respondent to cease and desist from, and to remedy, the violation, as specified. Existing law authorizes the commissioner to bring a civil action against a respondent that does not comply with such an order. Existing law authorizes a complainant, if the commissioner does not promptly bring an action, to bring an action in court for a writ of mandate to compel the commissioner to bring an action. The bill would also authorize the commissioner to issue citations directing specific relief to persons determined to be responsible for violations. The bill would establish review procedures, including procedures for requesting a hearing before a hearing officer for the commissioner and for a petition for a writ of mandate. The bill would authorize the commissioner to adopt regulations to establish hearing procedures. The bill would subject an employer who willfully refuses to comply with a final order pursuant to the bill to prescribed civil penalties payable to the affected employee. (3) Existing law prohibits an employer from discharging an employee or in any manner discriminating, retaliating, or taking any adverse action against any employee or applicant for employment because the employee or applicant has engaged in protected conduct, as specified. Existing law provides that an employee who made a bona fide complaint, and was consequently discharged or otherwise suffered an adverse action, is entitled to reinstatement and reimbursement for lost wages. Existing law makes it a misdemeanor for an employer to willfully refuse to reinstate or otherwise restore an employee who is determined by a specified procedure to be eligible for reinstatement. Existing law subjects a person who violates these provisions to a civil penalty of up to $10,000 per violation. The bill would authorize an employee who is bringing a civil action under these provisions to also seek injunctive relief from the court. The bill would provide notice procedures and criteria for the court to evaluate in granting or denying the application for injunction. The bill would provide that injunctive relief granted under these provisions is not stayed pending appeal.