Section 752 Of Chapter 3. Smelters And Underground Workings From California Labor Code >> Division 2. >> Part 2. >> Chapter 3.
752
. (a) Any affected employee, or his or her representative, may
file a complaint with the Labor Commissioner concerning the conduct
of an election pursuant to subdivision (b) of Section 750.5 within 14
days following notice of the outcome of the election. The Labor
Commissioner shall investigate the complaint and shall invalidate the
election if the commissioner finds that misconduct has occurred that
could have affected the outcome of the election. If the election is
invalidated, the commissioner shall prohibit the employer from
conducting a similar election for a period of 12 months.
(b) Any employer, or representative of an employer, that violates
Section 750 or 751.8 shall be subject to a civil penalty as follows:
(1) For any initial violation that is intentionally committed, one
hundred dollars ($100) for each affected employee for each violation
for each pay period.
(2) For each subsequent violation for the same offense, two
hundred dollars ($200) for each violation for each affected employee
for each pay period, regardless of whether the initial violation is
intentionally committed.
(c) If the Labor Commissioner determines that an employer has
failed to comply with paragraph (6) of subdivision (b) of Section
750.5, the Labor Commissioner shall order the employer to comply. The
order, in appropriate cases, shall include provisions for
reinstatement and backpay.
(d) An employer shall not retaliate in any way against an employee
for exercising any right pursuant to this chapter.