Bill Text: CA SB666 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Employment: retaliation.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Passed) 2013-10-05 - Chaptered by Secretary of State. Chapter 577, Statutes of 2013. [SB666 Detail]

Download: California-2013-SB666-Amended.html

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BILL NUMBER: SB 666	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 11, 2013
	AMENDED IN SENATE  APRIL 1, 2013

INTRODUCED BY   Senator Steinberg

                        FEBRUARY 22, 2013

   An act to add Sections 494.6 and 6103.7 to the Business and
Professions Code, and to amend  Section  
Sections  98.6 and  1105.5   1102.5 
of, and to add Section 244 to, the Labor Code, relating to
employment.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 666, as amended, Steinberg. Employment: retaliation.
   Existing law establishes grounds for suspension or revocation of
certain business and professional licenses.
   This bill would subject those business licenses to suspension or
revocation if a current, former, or prospective employee of the
licensee attempts to exercise a right related to his or her
employment or any terms, conditions, or benefits of that employment
protected by state law and, in reaction, the licensee threatens to
retaliate or retaliates based on the employee's citizenship or
immigration status.
   The State Bar Act establishes specific causes for the disbarment
or suspension of a member of the State Bar.
   This bill would make it a cause for suspension, disbarment, or
other discipline for any member of the State Bar to report
immigration status or threaten to report immigration status of a
witness or party to a civil or administrative action or his or her
family member, as defined, to a federal, state, or local agency
because the witness or party exercises or has exercised a right
related to his or her employment.
   Existing law establishes various rights and protections relating
to employment and civil rights that may be enforced by civil action.
   This bill would provide that it is not necessary to exhaust
administrative remedies or procedures in order to bring a civil
action enforcing designated rights. Under the bill, reporting or
threatening to report an employee's, former employee's, or
prospective employee's citizenship or immigration status, or the
citizenship or immigration status of the employee's or former
employee's family member, as defined, to a federal, state, or local
agency because the employee or former employee exercises a designated
right would constitute an adverse  employment 
action for purposes of establishing a violation of the designated
right. Because a violation of certain of those designated rights is a
misdemeanor, this bill would impose a state-mandated local program
by changing the definition of a crime.
   Existing law prohibits an employer from discharging an employee or
in any manner discriminating against any employee or applicant for
employment because the employee or applicant has engaged in
prescribed protected conduct relating to the enforcement of the
employee's or applicant's rights. Existing law makes it a misdemeanor
for an employer to take adverse employment action against employees
who file bona fide complaints.
   This bill would also prohibit an employer from retaliating or
taking adverse action against any employee or applicant for
employment because the employee or applicant has engaged in protected
conduct. The bill would expand the protected conduct to include a
written or oral complaint by an employee that he or she is owed
unpaid wages. The bill would subject an employer that is a
corporation or limited liability company to a civil penalty of up to
$10,000 per violation of these provisions.
   Existing law prohibits an employer from making, adopting, or
enforcing any rule, regulation, or policy preventing an employee from
disclosing information to a government or law enforcement agency,
where the employee has reasonable cause to believe that the
information discloses a violation of state or federal statute, or a
violation or noncompliance with a state or federal rule or
regulation. Existing law further prohibits an employer from
retaliating against an employee for such a disclosure. Under existing
law, a violation of these provisions by an employer is a crime.
   This bill would additionally prohibit any person acting on behalf
of the employer from making, adopting, or enforcing any rule,
regulation, or policy preventing an employee from disclosing
information to a government or law enforcement agency, as provided,
and would extend those prohibitions to preventing an employee from,
or retaliating against an employee for, providing information to, or
testifying before, any public body conducting an investigation,
hearing, or inquiry. Because a violation of these provisions by an
employer would be a crime, this bill would impose a state-mandated
local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 494.6 is added to the Business and Professions
Code, to read:
   494.6.  A business license regulated by this code is subject to
suspension or revocation if a current, former, or prospective
employee of the licensee attempts to exercise a right related to his
or her employment or any terms, conditions, or benefits of that
employment protected by state law and, in reaction, the licensee
threatens to retaliate or retaliates based on the employee's
citizenship or immigration status.
  SEC. 2.  Section 6103.7 is added to the Business and Professions
Code, to read:
   6103.7.  It is cause for suspension, disbarment, or other
discipline for any member of the State Bar to report immigration
status or threaten to report immigration status of a witness or party
to a civil or administrative action or his or her family member to a
federal, state, or local agency because the witness or party
exercises or has exercised a right related to his or her employment,
broadly interpreted. As used in this section, "family member" means a
spouse, parent, sibling, child, uncle, aunt, niece, nephew, cousin,
grandparent, or grandchild related by blood, adoption, marriage, or
domestic partnership.
  SEC. 3.  Section 98.6 of the Labor Code is amended to read:
   98.6.  (a) No person shall discharge an employee or in any manner
discriminate, retaliate, or take adverse action against any employee
or applicant for employment because the employee or applicant engaged
in any conduct delineated in this chapter, including the conduct
described in subdivision (k) of Section 96, and Chapter 5 (commencing
with Section 1101) of Part 3 of Division 2, or because the employee
or applicant for employment has filed a bona fide complaint or claim
or instituted or caused to be instituted any proceeding under or
relating to his or her  rights, which   rights
that  are under the jurisdiction of the Labor Commissioner, made
a written or oral complaint that he or she is owed unpaid wages, or
because the employee has initiated any action or notice pursuant to
Section 2699, or has testified or is about to testify in any such
proceeding or because of the exercise by the employee or applicant
for employment on behalf of himself, herself, or others of any rights
afforded him or her.
   (b) (1) Any employee who is discharged, threatened with discharge,
demoted, suspended, or in any other manner discriminated against in
the terms and conditions of his or her employment because the
employee engaged in any conduct delineated in this chapter, including
the conduct described in subdivision (k) of Section 96, and Chapter
5 (commencing with Section 1101) of Part 3 of Division 2, or because
the employee has made a bona fide complaint or claim to the division
pursuant to this part, or because the employee has initiated any
action or notice pursuant to Section 2699 shall be entitled to
reinstatement and reimbursement for lost wages and work benefits
caused by those acts of the employer.
   (2) Any employer who willfully refuses to hire, promote, or
otherwise restore an employee or former employee who has been
determined to be eligible for rehiring or promotion by a grievance
procedure, arbitration, or hearing authorized by law, is guilty of a
misdemeanor.
   (3) In addition to any other remedies available, an employer that
is a corporation or limited liability company is liable for a civil
penalty not exceeding ten thousand dollars ($10,000) per employee for
each violation to this section.
   (c) (1) Any applicant for employment who is refused employment,
who is not selected for a training program leading to employment, or
who in any other manner is discriminated against in the terms and
conditions of any offer of employment because the applicant engaged
in any conduct delineated in this chapter, including the conduct
described in subdivision (k) of Section 96, and Chapter 5 (commencing
with Section 1101) of Part 3 of Division 2, or because the applicant
has made a bona fide complaint or claim to the division pursuant to
this part, or because the employee has initiated any action or notice
pursuant to Section 2699 shall be entitled to employment and
reimbursement for lost wages and work benefits caused by the acts of
the prospective employer.
   (2) This subdivision shall not be construed to invalidate any
collective bargaining agreement that requires an applicant for a
position that is subject to the collective bargaining agreement to
sign a contract that protects either or both of the following as
specified in subparagraphs (A) and (B), nor shall this subdivision be
construed to invalidate any employer requirement of an applicant for
a position that is not subject to a collective bargaining agreement
to sign an employment contract that protects either or both of the
following:
   (A) An employer against any conduct that is actually in direct
conflict with the essential enterprise-related interests of the
employer and where breach of that contract would actually constitute
a material and substantial disruption of the employer's operation.
   (B) A firefighter against any disease that is presumed to arise in
the course and scope of employment, by limiting his or her
consumption of tobacco products on and off the job.
   (d) The provisions of this section creating new actions or
remedies that are effective on January 1, 2002, to employees or
applicants for employment do not apply to any state or local law
enforcement agency, any religious association or corporation
specified in subdivision (d) of Section 12926 of the Government Code,
except as provided in Section 12926.2 of the Government Code, or any
person described in Section 1070 of the Evidence Code.
  SEC. 4.  Section 244 is added to the Labor Code, to read:
   244.  (a) An individual is not required to exhaust administrative
remedies or procedures in order to bring a civil action under any
provision of this code, unless that section under which the action is
brought expressly requires exhaustion of an administrative remedy.
   (b) Reporting or threatening to report an employee's, former
employee's, or prospective employee's citizenship or immigration
status, or the citizenship or immigration status of a family member
of the employee, former employee, or prospective employee, to a
federal, state, or local agency because the employee, former
employee, or prospective employee exercises a right under the
provisions of this code, the Government Code, or the Civil Code
constitutes an adverse  employment  action for
purposes of establishing a violation of an  employee or
  employee's,  former employee's  , or
prospective employee's  rights. As used in this subdivision,
"family member" means a spouse, parent, sibling, child, uncle, aunt,
niece, nephew, cousin, grandparent, or grandchild related by blood,
adoption, marriage, or domestic partnership.
  SEC. 5.  Section 1102.5 of the Labor Code is amended to read:
   1102.5.  (a) An employer, or any person acting on behalf of the
employer, shall not make, adopt, or enforce any rule, regulation, or
policy preventing an employee from disclosing information to a
government or law enforcement agency, or for providing information
to, or testifying before, any public body conducting an
investigation, hearing, or inquiry, where the employee has reasonable
cause to believe that the information discloses a violation of state
or federal statute, or a violation or noncompliance with a state or
federal rule or regulation.
   (b) An employer, or any person acting on behalf of the employer,
shall not retaliate against an employee for disclosing information to
a government or law enforcement agency, or for providing information
to, or testifying before, any public body conducting an
investigation, hearing, or inquiry, where the employee has reasonable
cause to believe that the information discloses a violation of state
or federal statute, or a violation or noncompliance with a state or
federal rule or regulation.
   (c) An employer, or any person acting on behalf of the employer,
shall not retaliate against an employee for refusing to participate
in an activity that would result in a violation of state or federal
statute, or a violation or noncompliance with a state or federal rule
or regulation.
   (d) An employer, or any person acting on behalf of the employer,
shall not retaliate against an employee for having exercised his or
her rights under subdivision (a), (b), or (c) in any former
employment.
   (e) A report made by an employee of a government agency to his or
her employer is a disclosure of information to a government or law
enforcement agency pursuant to subdivisions (a) and (b).
   (f) In addition to other penalties, an employer that is a
corporation or limited liability company is liable for a civil
penalty not exceeding ten thousand dollars ($10,000) for each
violation of this section.
   (g) This section does not apply to rules, regulations, or policies
that implement, or to actions by employers against employees who
violate, the confidentiality of the lawyer-client privilege of
Article 3 (commencing with Section 950) of, or the physician-patient
privilege of Article 6 (commencing with Section 990) of, Chapter 4 of
Division 8 of the Evidence Code, or trade secret information.
  SEC. 6.  The provisions of this act are severable. If any provision
of this act or its application is held invalid, that invalidity
shall not affect other provisions or applications that can be given
effect without the invalid provision or application.
  SEC. 7.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.