AB 2898,
as amended, begin deleteCommittee on Labor and Employmentend delete begin insertRoger Hernándezend insert. Private Attorneys General Act of 2004.
The Labor Code Private Attorneys General Act of 2004 authorizes an aggrieved employee to bring a civil action to recover specified civil penalties on behalf of the employee and other current or former employees for the violation of certain provisions affecting employees. The act provides procedures pertaining to specified violations that include an aggrieved employee giving written notice by online filing with the Labor and Workforce Development Agency and by certified mail to the employer of the alleged violation and the facts and theories in support thereof, the agency notifying the employer and the aggrieved employee whether it does, or does not, intend to investigate an alleged violation, and, if it does intend to investigate, the agency providing other notices, all within specified time periods. Existing law authorizes a plaintiff as a matter of right to amend an existing complaint to add a cause of action arising under the act at any time within 60 days of the specified time periods.
end insertbegin insertThis bill would extend the time to add a cause of action to any time within 90 days of the specified time periods.
end insertThe Labor Code Private Attorneys General Act of 2004 authorizes an aggrieved employee to bring a civil action to recover specified civil penalties on behalf of the employee and other current or former employees for the violation of certain provisions affecting employees. The act provides the employer with the right to cure certain violations once in a 12-month period before the employee may bring a civil action, as specified. For other violations, the act requires the aggrieved employee to follow specified procedures before bringing an action.
end deleteUnder the act, the procedures pertaining to specified violations include an aggrieved employee giving written notice to the Labor and Workforce Development Agency and the employer of the alleged violation and the facts and theories in support thereof, the agency notifying the employer and the aggrieved employee whether it does, or does not, intend to investigate an alleged violation, and, if it does intend to investigate, the agency providing other notices, all within specified time periods.
end deleteThis bill would extend those time periods by requiring the agency, when it does not intend to investigate an alleged violation, to notify the employee and the employer within 45 days and by authorizing the aggrieved employee to commence a civil action 48 days after having sent notice of the alleged violation.
end deleteThe bill would require the agency to send notification within 48 days if it intends to investigate an alleged violation. The bill would authorize an aggrieved employee to commence a civil action after 173 days, if after having received notice of the agency’s intent to investigate, no citation is issued or no further notification is received from the agency.
end deleteVote: majority.
Appropriation: no.
Fiscal committee: begin deleteyes end deletebegin insertnoend insert.
State-mandated local program: no.
The people of the State of California do enact as follows:
begin insertSection 2699.3 of the end insertbegin insertLabor Codeend insertbegin insert, as amended
2by Section 190 of Chapter 31 of the Statutes of 2016, is amended
3to read:end insert
(a) A civil action by an aggrieved employee pursuant
5to subdivision (a) or (f) of Section 2699 alleging a violation of any
6provision listed in Section 2699.5 shall commence only after the
7following requirements have been met:
P3 1(1) (A) The aggrieved employee or representative shall give
2written notice by online filing with the Labor and Workforce
3Development Agency and by certified mail to the employer of the
4specific provisions of this code alleged to have been violated,
5including the facts and theories to support the alleged violation.
6(B) A notice filed with the Labor and Workforce Development
7Agency pursuant to subparagraph (A) and any employer response
8to that notice shall
be accompanied by a filing fee of seventy-five
9dollars ($75). The fees required by this subparagraph are subject
10to waiver in accordance with the requirements of Sections 68632
11and 68633 of the Government Code.
12(C) The fees paid pursuant to subparagraph (B) shall be paid
13into the Labor and Workforce Development Fund and used for the
14purposes specified in subdivision (j) of Section 2699.
15(2) (A) The agency shall notify the employer and the aggrieved
16employee or representative by certified mail that it does not intend
17to investigate the alleged violation within 60 calendar days of the
18postmark date of the notice received pursuant to paragraph (1).
19Upon receipt of that notice or if no notice is provided within 65
20calendar days of the postmark date of the notice given pursuant to
21paragraph (1), the aggrieved employee may commence a civil
22action pursuant to
Section 2699.
23(B) If the agency intends to investigate the alleged violation, it
24shall notify the employer and the aggrieved employee or
25representative by certified mail of its decision within 65 calendar
26days of the postmark date of the notice received pursuant to
27paragraph (1). Within 120 calendar days of that decision, the
28agency may investigate the alleged violation and issue any
29appropriate citation. If the agency, during the course of its
30investigation, determines that additional time is necessary to
31complete the investigation, it may extend the time by not more
32than 60 additional calendar days and shall issue a notice of the
33extension. If the agency determines that no citation will be issued,
34it shall notify the employer and aggrieved employee of that decision
35within five business days thereof by certified mail. Upon receipt
36of that notice or if no citation is issued by the agency within the
37time limits prescribed by subparagraph (A) and
this subparagraph
38or if the agency fails to provide timely or any notification, the
39aggrieved employee may commence a civil action pursuant to
40Section 2699.
P4 1(C) Notwithstanding any other provision of law, a plaintiff may
2as a matter of right amend an existing complaint to add a cause of
3action arising under this part at any time withinbegin delete 60end deletebegin insert 90end insert days of the
4time periods specified in this part.
5(D) The time limits prescribed by this paragraph shall only apply
6if the notice required by paragraph (1) is filed with the agency on
7or after July 1, 2016. For notices submitted prior to July 1, 2016,
8the time limits in effect on the postmark date of the notice shall
9apply.
10(b) A civil action by an aggrieved employee pursuant to
11subdivision (a) or (f) of Section 2699 alleging a violation of any
12provision of Division 5 (commencing with Section 6300) other
13than those listed in Section 2699.5 shall commence only after the
14following requirements have been met:
15(1) The aggrieved employee or representative shall give notice
16by online filing with the Division of Occupational Safety and
17Health and by certified mail to the employer, with a copy to the
18Labor and Workforce Development Agency, of the specific
19provisions of Division 5 (commencing with Section 6300) alleged
20to have been violated, including the facts and theories to support
21the alleged violation.
22(2) (A) The division shall inspect or investigate the alleged
23violation pursuant to the procedures specified in Division
5
24(commencing with Section 6300).
25(i) If the division issues a citation, the employee may not
26commence an action pursuant to Section 2699. The division shall
27notify the aggrieved employee and employer in writing within 14
28calendar days of certifying that the employer has corrected the
29violation.
30(ii) If by the end of the period for inspection or investigation
31provided for in Section 6317, the division fails to issue a citation
32and the aggrieved employee disputes that decision, the employee
33may challenge that decision in the superior court. In such an action,
34the superior court shall follow precedents of the Occupational
35Safety and Health Appeals Board. If the court finds that the division
36should have issued a citation and orders the division to issue a
37citation, then the aggrieved employee may not commence a civil
38action pursuant to Section 2699.
39(iii) A complaint in superior court alleging a violation of
40Division 5 (commencing with Section 6300) other than those listed
P5 1in Section 2699.5 shall include therewith a copy of the notice of
2violation provided to the division and employer pursuant to
3paragraph (1).
4(iv) The superior court shall not dismiss the action for
5nonmaterial differences in facts or theories between those contained
6in the notice of violation provided to the division and employer
7pursuant to paragraph (1) and the complaint filed with the court.
8(B) If the division fails to inspect or investigate the alleged
9violation as provided by Section 6309, the provisions of subdivision
10(c) shall apply to the determination of the alleged violation.
11(3) (A) Nothing in this
subdivision shall be construed to alter
12the authority of the division to permit long-term abatement periods
13or to enter into memoranda of understanding or joint agreements
14with employers in the case of long-term abatement issues.
15(B) Nothing in this subdivision shall be construed to authorize
16an employee to file a notice or to commence a civil action pursuant
17to Section 2699 during the period that an employer has voluntarily
18entered into consultation with the division to ameliorate a condition
19in that particular worksite.
20(C) An employer who has been provided notice pursuant to this
21section may not then enter into consultation with the division in
22order to avoid an action under this section.
23(4) The superior court shall review and approve any proposed
24settlement of alleged violations of the provisions of Division 5
25
(commencing with Section 6300) to ensure that the settlement
26provisions are at least as effective as the protections or remedies
27provided by state and federal law or regulation for the alleged
28violation. The provisions of the settlement relating to health and
29safety laws shall be submitted to the division at the same time that
30they are submitted to the court. This requirement shall be construed
31to authorize and permit the division to comment on those settlement
32provisions, and the court shall grant the division’s commentary
33the appropriate weight.
34(c) A civil action by an aggrieved employee pursuant to
35subdivision (a) or (f) of Section 2699 alleging a violation of any
36provision other than those listed in Section 2699.5 or Division 5
37(commencing with Section 6300) shall commence only after the
38following requirements have been met:
39(1) (A) The aggrieved
employee or representative shall give
40written notice by online filing with the Labor and Workforce
P6 1Development Agency and by certified mail to the employer of the
2specific provisions of this code alleged to have been violated,
3including the facts and theories to support the alleged violation.
4(B) A notice filed with the Labor and Workforce Development
5Agency pursuant to subparagraph (A) and any employer response
6to that notice shall be accompanied by a filing fee of seventy-five
7dollars ($75). The fees required by this subparagraph are subject
8to waiver in accordance with the requirements of Sections 68632
9and 68633 of the Government Code.
10(C) The fees paid pursuant to subparagraph (B) shall be paid
11into the Labor and Workforce Development Fund and used for the
12purposes specified in subdivision (j) of Section 2699.
13(2) (A) The employer may cure the alleged violation within 33
14calendar days of the postmark date of the notice sent by the
15aggrieved employee or representative. The employer shall give
16written notice within that period of time by certified mail to the
17aggrieved employee or representative and by online filing with
18the agency if the alleged violation is cured, including a description
19of actions taken, and no civil action pursuant to Section 2699 may
20commence. If the alleged violation is not cured within the 33-day
21period, the employee may commence a civil action pursuant to
22Section 2699.
23(B) (i) Subject to the limitation in clause (ii), no employer may
24avail himself or herself of the notice and cure provisions of this
25subdivision more than three times in a 12-month period for the
26same violation or violations contained in the notice, regardless of
27the location of the worksite.
28(ii) No employer may avail himself or herself of the notice and
29cure provisions of this subdivision with respect to alleged violations
30of paragraph (6) or (8) of subdivision (a) of Section 226 more than
31once in a 12-month period for the same violation or violations
32contained in the notice, regardless of the location of the worksite.
33(3) If the aggrieved employee disputes that the alleged violation
34has been cured, the aggrieved employee or representative shall
35provide written notice by online filing with the agency and by
36certified mail to the employer, including specified grounds to
37support that dispute, to the employer and the agency. Within 17
38calendar days of the receipt of that notice, the agency shall review
39the actions taken by the employer to cure the alleged violation,
40and provide written notice of its decision by certified mail to the
P7 1aggrieved employee and the employer. The
agency may grant the
2employer three additional business days to cure the alleged
3violation. If the agency determines that the alleged violation has
4not been cured or if the agency fails to provide timely or any
5notification, the employee may proceed with the civil action
6pursuant to Section 2699. If the agency determines that the alleged
7violation has been cured, but the employee still disagrees, the
8employee may appeal that determination to the superior court.
9(d) The periods specified in this section are not counted as part
10of the time limited for the commencement of the civil action to
11recover penalties under this part.
12(e) This section shall remain in effect only until July 1, 2021,
13and as of that date is repealed, unless a later enacted statute, that
14is enacted before July 1, 2021, deletes or extends that date.
begin insertSection 2699.3 of the end insertbegin insertLabor Codeend insertbegin insert, as added by Section
16191 of Chapter 31 of the Statutes of 2016, is amended to read:end insert
(a) A civil action by an aggrieved employee pursuant
18to subdivision (a) or (f) of Section 2699 alleging a violation of any
19provision listed in Section 2699.5 shall commence only after the
20following requirements have been met:
21(1) (A) The aggrieved employee or representative shall give
22written notice by online filing with the Labor and Workforce
23Development Agency and by certified mail to the employer of the
24specific provisions of this code alleged to have been violated,
25including the facts and theories to support the alleged violation.
26(B) A notice filed with the Labor and Workforce Development
27Agency pursuant to subparagraph (A) and any employer response
28to that notice shall
be accompanied by a filing fee of seventy-five
29dollars ($75). The fees required by this subparagraph are subject
30to waiver in accordance with the requirements of Sections 68632
31and 68633 of the Government Code.
32(C) The fees paid pursuant to subparagraph (B) shall be paid
33into the Labor and Workforce Development Fund and used for the
34purposes specified in subdivision (j) of Section 2699.
35(2) (A) The agency shall notify the employer and the aggrieved
36employee or representative by certified mail that it does not intend
37to investigate the alleged violation within 60 calendar days of the
38postmark date of the notice received pursuant to paragraph (1).
39Upon receipt of that notice or if no notice is provided within 65
40calendar days of the postmark date of the notice given pursuant to
P8 1paragraph (1), the aggrieved employee may commence a civil
2action pursuant to
Section 2699.
3(B) If the agency intends to investigate the alleged violation, it
4shall notify the employer and the aggrieved employee or
5representative by certified mail of its decision within 65 calendar
6days of the postmark date of the notice received pursuant to
7paragraph (1). Within 120 calendar days of that decision, the
8agency may investigate the alleged violation and issue any
9appropriate citation. If the agency determines that no citation will
10be issued, it shall notify the employer and aggrieved employee of
11that decision within five business days thereof by certified mail.
12Upon receipt of that notice or if no citation is issued by the agency
13within the time limits prescribed by subparagraph (A) and this
14subparagraph or if the agency fails to provide timely or any
15notification, the aggrieved employee may commence a civil action
16pursuant to Section 2699.
17(C) Notwithstanding
any other provision of law, a plaintiff may
18as a matter of right amend an existing complaint to add a cause of
19action arising under this part at any time withinbegin delete 60end deletebegin insert
90end insert days of the
20time periods specified in this part.
21(b) A civil action by an aggrieved employee pursuant to
22subdivision (a) or (f) of Section 2699 alleging a violation of any
23provision of Division 5 (commencing with Section 6300) other
24than those listed in Section 2699.5 shall commence only after the
25following requirements have been met:
26(1) The aggrieved employee or representative shall give notice
27by online filing with the Division of Occupational Safety and
28Health and by certified mail to the employer, with a copy to the
29Labor and Workforce Development Agency, of the specific
30provisions of Division 5 (commencing with Section 6300) alleged
31to have been violated, including the facts and theories to support
32the alleged violation.
33(2) (A) The division
shall inspect or investigate the alleged
34violation pursuant to the procedures specified in Division 5
35(commencing with Section 6300).
36(i) If the division issues a citation, the employee may not
37commence an action pursuant to Section 2699. The division shall
38notify the aggrieved employee and employer in writing within 14
39calendar days of certifying that the employer has corrected the
40violation.
P9 1(ii) If by the end of the period for inspection or investigation
2provided for in Section 6317, the division fails to issue a citation
3and the aggrieved employee disputes that decision, the employee
4may challenge that decision in the superior court. In such an action,
5the superior court shall follow precedents of the Occupational
6Safety and Health Appeals Board. If the court finds that the division
7should have issued a citation and orders the division to issue a
8citation, then the aggrieved
employee may not commence a civil
9action pursuant to Section 2699.
10(iii) A complaint in superior court alleging a violation of
11Division 5 (commencing with Section 6300) other than those listed
12in Section 2699.5 shall include therewith a copy of the notice of
13violation provided to the division and employer pursuant to
14paragraph (1).
15(iv) The superior court shall not dismiss the action for
16nonmaterial differences in facts or theories between those contained
17in the notice of violation provided to the division and employer
18pursuant to paragraph (1) and the complaint filed with the court.
19(B) If the division fails to inspect or investigate the alleged
20violation as provided by Section 6309, the provisions of subdivision
21(c) shall apply to the determination of the alleged violation.
22(3) (A) Nothing in this subdivision shall be construed to alter
23the authority of the division to permit long-term abatement periods
24or to enter into memoranda of understanding or joint agreements
25with employers in the case of long-term abatement issues.
26(B) Nothing in this subdivision shall be construed to authorize
27an employee to file a notice or to commence a civil action pursuant
28to Section 2699 during the period that an employer has voluntarily
29entered into consultation with the division to ameliorate a condition
30in that particular worksite.
31(C) An employer who has been provided notice pursuant to this
32section may not then enter into consultation with the division in
33order to avoid an action under this section.
34(4) The superior
court shall review and approve any proposed
35settlement of alleged violations of the provisions of Division 5
36(commencing with Section 6300) to ensure that the settlement
37provisions are at least as effective as the protections or remedies
38provided by state and federal law or regulation for the alleged
39violation. The provisions of the settlement relating to health and
40safety laws shall be submitted to the division at the same time that
P10 1they are submitted to the court. This requirement shall be construed
2to authorize and permit the division to comment on those settlement
3provisions, and the court shall grant the division’s commentary
4the appropriate weight.
5(c) A civil action by an aggrieved employee pursuant to
6subdivision (a) or (f) of Section 2699 alleging a violation of any
7provision other than those listed in Section 2699.5 or Division 5
8(commencing with Section 6300) shall commence only after the
9following requirements have been met:
10(1) (A) The aggrieved employee or representative shall give
11written notice by online filing with the Labor and Workforce
12Development Agency and by certified mail to the employer of the
13specific provisions of this code alleged to have been violated,
14including the facts and theories to support the alleged violation.
15(B) A notice filed with the Labor and Workforce Development
16Agency pursuant to subparagraph (A) and any employer response
17to that notice shall be accompanied by a filing fee of seventy-five
18dollars ($75). The fees required by this subparagraph are subject
19to waiver in accordance with the requirements of Sections 68632
20and 68633 of the Government Code.
21(C) The fees paid pursuant to subparagraph (B) shall be paid
22into the Labor and Workforce Development Fund and used for the
23purposes
specified in subdivision (j) of Section 2699.
24(2) (A) The employer may cure the alleged violation within 33
25calendar days of the postmark date of the notice sent by the
26aggrieved employee or representative. The employer shall give
27written notice within that period of time by certified mail to the
28aggrieved employee or representative and by online filing with
29 the agency if the alleged violation is cured, including a description
30of actions taken, and no civil action pursuant to Section 2699 may
31commence. If the alleged violation is not cured within the 33-day
32period, the employee may commence a civil action pursuant to
33Section 2699.
34(B) (i) Subject to the limitation in clause (ii), no employer may
35avail himself or herself of the notice and cure provisions of this
36subdivision more than three times in a 12-month period for the
37same violation
or violations contained in the notice, regardless of
38the location of the worksite.
39(ii) No employer may avail himself or herself of the notice and
40cure provisions of this subdivision with respect to alleged violations
P11 1of paragraph (6) or (8) of subdivision (a) of Section 226 more than
2once in a 12-month period for the same violation or violations
3contained in the notice, regardless of the location of the worksite.
4(3) If the aggrieved employee disputes that the alleged violation
5has been cured, the aggrieved employee or representative shall
6provide written notice by online filing with the agency and by
7certified mail to the employer, including specified grounds to
8support that dispute, to the employer and the agency. Within 17
9calendar days of the receipt of that notice, the agency shall review
10the actions taken by the employer to cure the alleged violation,
11and provide written
notice of its decision by certified mail to the
12aggrieved employee and the employer. The agency may grant the
13employer three additional business days to cure the alleged
14violation. If the agency determines that the alleged violation has
15not been cured or if the agency fails to provide timely or any
16notification, the employee may proceed with the civil action
17pursuant to Section 2699. If the agency determines that the alleged
18violation has been cured, but the employee still disagrees, the
19employee may appeal that determination to the superior court.
20(d) The periods specified in this section are not counted as part
21of the time limited for the commencement of the civil action to
22recover penalties under this part.
23(e) This section shall become operative on July 1, 2021.
Section 2699.3 of the Labor Code is amended to
25read:
(a) A civil action by an aggrieved employee pursuant
27to subdivision (a) or (f) of Section 2699 alleging a violation of any
28provision listed in Section 2699.5 shall commence only after the
29following requirements have been met:
30(1) The aggrieved employee or representative shall give written
31notice by certified mail to the Labor and Workforce Development
32Agency and the employer of the specific provisions of this code
33alleged to have been violated, including the facts and theories to
34support the alleged violation.
35(2) (A) The agency shall notify the employer and the aggrieved
36employee or representative by
certified mail that it does not intend
37to investigate the alleged violation within 45 calendar days of the
38postmark date of the notice received pursuant to paragraph (1).
39Upon receipt of that notice or if no notice is provided within 48
40calendar days of the postmark date of the notice given pursuant to
P12 1paragraph (1), the aggrieved employee may commence a civil
2action pursuant to Section 2699.
3(B) If the agency intends to investigate the alleged violation, it
4shall notify the employer and the aggrieved employee or
5representative by certified mail of its decision within 48 calendar
6days of the postmark date of the notice received pursuant to
7paragraph (1). Within 120 calendar days of that decision, the
8agency may investigate the alleged violation and issue any
9appropriate citation. If the agency determines that no citation will
10be
issued, it shall notify the employer and aggrieved employee of
11that decision within five business days thereof by certified mail.
12Upon receipt of that notice or if no citation is issued by the agency
13within the 173-day period prescribed by subparagraph (A) and this
14subparagraph or if the agency fails to provide timely or any
15notification, the aggrieved employee may commence a civil action
16pursuant to Section 2699.
17(C) Notwithstanding any other provision of law, a plaintiff may
18as a matter of right amend an existing complaint to add a cause of
19action arising under this part at any time within 60 days of the time
20periods specified in this part.
21(b) A civil action by an aggrieved employee pursuant to
22subdivision (a) or (f) of Section 2699 alleging a violation of any
23provision of
Division 5 (commencing with Section 6300) other
24than those listed in Section 2699.5 shall commence only after the
25following requirements have been met:
26(1) The aggrieved employee or representative shall give notice
27by certified mail to the Division of Occupational Safety and Health
28and the employer, with a copy to the Labor and Workforce
29Development Agency, of the specific provisions of Division 5
30(commencing with Section 6300) alleged to have been violated,
31including the facts and theories to support the alleged violation.
32(2) (A) The division shall inspect or investigate the alleged
33violation pursuant to the procedures specified in Division 5
34(commencing with Section 6300).
35(i) If the division
issues a citation, the employee may not
36commence an action pursuant to Section 2699. The division shall
37notify the aggrieved employee and employer in writing within 14
38calendar days of certifying that the employer has corrected the
39violation.
P13 1(ii) If by the end of the period for inspection or investigation
2provided for in Section 6317, the division fails to issue a citation
3and the aggrieved employee disputes that decision, the employee
4may challenge that decision in the superior court. In such an action,
5the superior court shall follow precedents of the Occupational
6Safety and Health Appeals Board. If the court finds that the division
7should have issued a citation and orders the division to issue a
8citation, then the aggrieved employee may not commence a civil
9action pursuant to Section 2699.
10(iii) A complaint in superior court alleging a violation of
11Division 5 (commencing with Section 6300) other than those listed
12in Section 2699.5 shall include therewith a copy of the notice of
13violation provided to the division and employer pursuant to
14paragraph (1).
15(iv) The superior court shall not dismiss the action for
16nonmaterial differences in facts or theories between those contained
17in the notice of violation provided to the division and employer
18pursuant to paragraph (1) and the complaint filed with the court.
19(B) If the division fails to inspect or investigate the alleged
20violation as provided by Section 6309, the provisions of subdivision
21(c) shall apply to the determination of the alleged violation.
22(3) (A) Nothing in this subdivision shall be construed to alter
23the authority of the division to permit long-term abatement periods
24or to enter into memoranda of understanding or joint agreements
25with employers in the case of long-term abatement issues.
26(B) Nothing in this subdivision shall be construed to authorize
27an employee to file a notice or to commence a civil action pursuant
28to Section 2699 during the period that an employer has voluntarily
29entered into consultation with the division to ameliorate a condition
30in that particular worksite.
31(C) An employer who has been provided notice pursuant to this
32section may not then enter into consultation with the division in
33order to avoid an action under this section.
34(4) The superior court shall review and approve any proposed
35settlement of alleged violations of the provisions of Division 5
36(commencing with Section 6300) to ensure that the settlement
37provisions are at least as effective as the protections or remedies
38provided by state and federal law or regulation for the alleged
39violation. The provisions of the settlement relating to health and
40safety laws shall be submitted to the division at the same time that
P14 1they are submitted to the court. This requirement shall be construed
2to authorize and permit the division to comment on those settlement
3provisions, and the court shall grant the division’s commentary
4the appropriate weight.
5(c) A civil action by an aggrieved employee pursuant to
6subdivision (a) or (f) of Section 2699 alleging a violation of any
7provision other than those listed in
Section 2699.5 or Division 5
8(commencing with Section 6300) shall commence only after the
9following requirements have been met:
10(1) The aggrieved employee or representative shall give written
11notice by certified mail to the Labor and Workforce Development
12Agency and the employer of the specific provisions of this code
13alleged to have been violated, including the facts and theories to
14support the alleged violation.
15(2) (A) The employer may cure the alleged violation within 33
16calendar days of the postmark date of the notice. The employer
17shall give written notice by certified mail within that period of
18time to the aggrieved employee or representative and the agency
19if the alleged violation is cured, including a description of actions
20taken, and no civil action
pursuant to Section 2699 may commence.
21If the alleged violation is not cured within the 33-day period, the
22employee may commence a civil action pursuant to Section 2699.
23(B) (i) Subject to the limitation in clause (ii), no employer may
24avail himself or herself of the notice and cure provisions of this
25subdivision more than three times in a 12-month period for the
26same violation or violations contained in the notice, regardless of
27the location of the worksite.
28(ii) No employer may avail himself or herself of the notice and
29cure provisions of this subdivision with respect to alleged violations
30of paragraph (6) or (8) of subdivision (a) of Section 226 more than
31once in a 12-month period for the same violation or violations
32contained in the notice, regardless of the
location of the worksite.
33(3) If the aggrieved employee disputes that the alleged violation
34has been cured, the aggrieved employee or representative shall
35provide written notice by certified mail, including specified
36grounds to support that dispute, to the employer and the agency.
37Within 17 calendar days of the postmark date of that notice, the
38agency shall review the actions taken by the employer to cure the
39alleged violation, and provide written notice of its decision by
40certified mail to the aggrieved employee and the employer. The
P15 1agency may grant the employer three additional business days to
2cure the alleged violation. If the agency determines that the alleged
3violation has not been cured or if the agency fails to provide timely
4or any notification, the employee may proceed with the civil action
5pursuant to Section 2699. If the agency
determines that the alleged
6violation has been cured, but the employee still disagrees, the
7employee may appeal that determination to the superior court.
8(d) The periods specified in this section are not counted as part
9of the time limited for the commencement of the civil action to
10recover penalties under this part.
O
98