Article 3. Remedies For Employer Discrimination of California Health And Safety Code >> Division 2. >> Chapter 3.4. >> Article 3.
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
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
(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
(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.
(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
(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
(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.
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.