BILL NUMBER: AB 1069	CHAPTERED
	BILL TEXT

	CHAPTER  134
	FILED WITH SECRETARY OF STATE  JULY 31, 2001
	APPROVED BY GOVERNOR  JULY 30, 2001
	PASSED THE SENATE  JULY 19, 2001
	PASSED THE ASSEMBLY  MAY 29, 2001
	AMENDED IN ASSEMBLY  APRIL 16, 2001

INTRODUCED BY   Assembly Member Koretz

                        FEBRUARY 23, 2001

   An act to amend Section 98.7 of the Labor Code, relating to
employment.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1069, Koretz.  Labor:  complaints.
   Existing law provides that any person who believes that he or she
has been discharged or otherwise discriminated against in violation
of  specified laws regulating employment that  are under the
jurisdiction of the Labor Commissioner, may file a complaint with the
Division of Labor Standards Enforcement.
   This bill would expand that provision to cover any law under the
jurisdiction of the Labor Commissioner.
   Existing law provides that if, after an investigation, the Labor
Commissioner determines that no violation to a law has occurred, the
Labor Commissioner shall dismiss the complaint and notify the
complainant of his or her right to bring an action in an appropriate
court, and, in the case of an alleged violation of specified
discrimination laws, file a complaint against the state program with
the United States Department of Labor.
   This bill would  provide that the filing of a timely complaint
with the United States Department of Labor stays the Labor
Commissioner's dismissal of the division complaint until the United
States Secretary of Labor makes a determination regarding the alleged
violation.  Under the bill, within 15 days of receipt of that
determination, the Labor Commissioner is required to notify the
parties as to whether he or she will reopen the complaint filed with
the division or whether he or she will reaffirm the dismissal.


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


  SECTION 1.  Section 98.7 of the Labor Code is amended to read:
   98.7.  (a) Any person who believes that he or she has been
discharged or otherwise discriminated against in violation of any law
under the jurisdiction of the Labor Commissioner may file a
complaint with the division within six months after the occurrence of
the violation.  The six-month period may be extended for good cause.
  The complaint shall be investigated by a discrimination complaint
investigator in accordance with this section.  The Labor Commissioner
shall establish procedures for the investigation of discrimination
complaints.  A summary of the procedures shall be provided to each
complainant and respondent at the time of initial contact.  The Labor
Commissioner shall inform complainants charging a violation of
Section 6310 or 6311, at the time of initial contact, of his or her
right to file a separate, concurrent complaint with the United States
Department of Labor within 30 days after the occurrence of the
violation.
   (b) Each complaint of unlawful discharge or discrimination shall
be assigned to a discrimination complaint investigator who shall
prepare and submit a report to the Labor Commissioner based on an
investigation of the complaint.  The Labor Commissioner may designate
the chief deputy or assistant Labor Commissioner or the chief
counsel to receive and review the reports.  The investigation shall
include, where appropriate, interviews with the complainant,
respondent, and any witnesses who may have information concerning the
alleged violation, and a review of any documents  that may be
relevant to the disposition of the complaint.  The identity of
witnesses shall remain confidential unless the identification of the
witness becomes necessary to proceed with the investigation or to
prosecute an action to enforce a determination.  The investigation
report submitted to the Labor Commissioner or designee shall include
the statements and documents obtained in the investigation, and the
findings of the investigator concerning whether a violation occurred.
  The Labor Commissioner may hold an investigative hearing whenever
the Labor Commissioner determines, after review of the investigation
report, that a hearing is necessary to fully establish the facts.  In
the hearing the investigation report shall be made a part of the
record and the complainant and respondent shall have the opportunity
to present further evidence.  The Labor Commissioner shall issue,
serve, and enforce any necessary subpoenas.
   (c) If the Labor Commissioner determines a violation has occurred,
he or she shall notify the complainant and respondent and direct the
respondent to cease and desist from the violation and take  any
action as is deemed necessary to remedy the violation, including,
where appropriate, rehiring or reinstatement, reimbursement of lost
wages and interest thereon, payment of reasonable attorney's fees
associated with any hearing held by the Labor Commissioner in
investigating the complaint, and the posting of notices to employees.
  If the respondent does not comply with the order within 10 working
days following notification of the Labor Commissioner's
determination, the Labor Commissioner shall bring an action promptly
in an appropriate court against the respondent.  If the Labor
Commissioner fails to bring an action in court promptly, the
complainant may bring an action against the Labor Commissioner in any
appropriate court for a writ of mandate to compel the Labor
Commissioner to bring an action in court against the respondent.  If
the complainant prevails in his or her action for a writ, the court
shall award the complainant court costs and reasonable attorney's
fees, notwithstanding any other law.  Regardless of any delay in
bringing an action in court, the Labor Commissioner shall not be
divested of jurisdiction.  In any action, the court may permit the
claimant to intervene as a party plaintiff to the action and shall
have jurisdiction, for cause shown, to restrain the violation and to
order all appropriate relief.  Appropriate relief includes, but is
not limited to, rehiring or reinstatement of the complainant,
reimbursement of lost wages and interest thereon, and any other
compensation or equitable relief as is appropriate under the
circumstances of the case.  The Labor Commissioner shall petition the
court for appropriate temporary relief or restraining order unless
he or she determines good cause exists for not doing so.
   (d) (1) If the Labor Commissioner determines no violation has
occurred, he or she shall notify the complainant and respondent and
shall dismiss the complaint.  The Labor Commissioner may direct the
complainant to pay reasonable attorney's fees associated with any
hearing held by the Labor Commissioner if the Labor Commissioner
finds the complaint was frivolous, unreasonable, groundless, and was
brought in bad faith.  The complainant may, after notification of the
Labor Commissioner's determination to dismiss a complaint, bring an
action in an appropriate court, which shall have jurisdiction to
determine whether a violation occurred, and if so, to restrain the
violation and order all appropriate relief to remedy the violation.
Appropriate relief includes, but is not limited to, rehiring or
reinstatement of the complainant, reimbursement of lost wages and
interest thereon, and other compensation or equitable relief as is
appropriate under the circumstances of the case.  When dismissing a
complaint, the Labor Commissioner shall advise the complainant of his
or her right to bring an action in an appropriate court if he or she
disagrees with the determination of the Labor Commissioner, and in
the case of an alleged violation of Section 6310 or 6311, to file a
complaint against the state program with the United States Department
of Labor.
   (2) The filing of a timely complaint against the state program
with the United States Department of Labor shall stay the Labor
Commissioner's dismissal of the division complaint until the United
States Secretary of Labor makes a determination regarding the alleged
violation.  Within 15 days of receipt of that determination, the
Labor Commissioner shall notify the parties whether he or she will
reopen the complaint filed with the division or whether he or she
will reaffirm the dismissal.
   (e) The Labor Commissioner shall notify the complainant and
respondent of his or her determination under subdivision (c) or
paragraph (1) of subdivision (d), not later than 60 days after the
filing of the complaint.  Determinations by the Labor Commissioner
under subdivision (c) or (d) may be appealed by the complainant or
respondent to the Director of Industrial Relations within 10 days
following notification of the Labor Commissioner's determination.
The appeal shall set forth specifically and in full detail the
grounds upon which the appealing party considers the Labor
Commissioner's determination to be unjust or unlawful, and every
issue to be considered by the director.  The director may consider
any issue relating to the initial determination and may modify,
affirm, or reverse the Labor Commissioner's determination.  The
director's determination shall be the determination of the Labor
Commissioner.  The director shall notify the complainant and
respondent of his or her determination within 10 days of receipt of
the appeal.
   (f) The rights and remedies provided by this section do not
preclude an employee from pursuing any other rights and remedies
under any other law.