SB 229: Expedited Procedural Requirements For The Administrative Enforcement of Unlawful Retaliation Citations

SB 229: Expedited Procedural Requirements For The Administrative Enforcement of Unlawful Retaliation Citations

SB 229Existing 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. Existing law authorizes the Labor Commissioner to issue citations to persons determined to be responsible for violations. Existing law authorizes a person issued a citation to obtain review of the citation through various procedures, including requesting a hearing before a hearing officer for the commissioner and through a petition for a writ of mandate. Existing law requires a petitioner seeking a writ of mandate to first post a bond equal to the total amount of any minimum wages, liquidated damages, and overtime compensation. Existing law requires an employer who willfully refuses to comply with a final order pursuant to these provisions to pay prescribed civil penalties directly to the affected employee.

This bill, among other things, would require the commissioner, within 10 days, to file a certified copy of a final citation, with the superior court for judicial enforcement in any county in which the person assessed the penalty has or had property or a place of business, unless the person cited requests an informal hearing to challenge the citation, as specified. The bill would require the clerk of the court to immediately enter judgment for the amount in the citation. The bill would authorize the commissioner to file a petition with the court for an order to show cause why injunctive and nonmonetary relief should not be ordered and to schedule a hearing, as specified. The bill would specify procedures for a person who does not contest the citation to transmit to the office of the Labor Commissioner the amount specified on the citation and to provide certification of compliance to the office that any other remedies ordered have been complied with.

By expanding the scope of the crime of perjury, the bill would impose a state-mandated local program.
This bill would also require that the amount of the bond required to challenge a decision and order of the commissioner via a writ of mandate also include the amount of penalties and other monetary relief, as specified. The bill would authorize the commissioner to provide judicial enforcement by the same means as described above when the bond is not filed, when no mandate petition is filed or such a petition is dismissed or withdrawn, or when an employer refuses to comply with a final order issued pursuant to these provisions.
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