Section 1596.882 Of Article 3. Remedies For Employer Discrimination From California Health And Safety Code >> Division 2. >> Chapter 3.4. >> Article 3.
1596.882
. (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.