| 1 | | - | Amended IN Senate March 17, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 294Introduced by Senator Reyes(Coauthors: Senators Cervantes, Durazo, Laird, and Wiener)(Coauthor: Assembly Member Ortega)February 06, 2025An act to amend Section 245 of add Part 5.6 (commencing with Section 1550) to Division 2 of the Labor Code, relating to employment. LEGISLATIVE COUNSEL'S DIGESTSB 294, as amended, Reyes. Healthy Workplaces, Healthy Families Act of 2014. The Workplace Know Your Rights Act.Existing law establishes the Division of Labor Standards Enforcement, headed by the Labor Commissioner, within the Department of Industrial Relations, for the purpose of enforcing labor laws. Existing law prescribes the duties and rights of employers and employees relating to specified labor laws, including, among other things, payment of wages, working conditions, paid sick days, workers compensation, unemployment insurance, and notice requirements related to inspections conducted by an immigration agency.This bill would establish the Workplace Know Your Rights Act. The bill would require an employer to annually provide a stand-alone written notice to each current employee, and to each new employee upon hire, of workers rights under state and federal law. The bill would list the areas of workers rights to be covered by the notice, including, among other things, the categories described above, as well as the constitutional rights of employees when interacting with law enforcement at the workplace, as defined by the bill. The bill would also require the notice to contain a list of the state agencies at which an employee may file a labor, fair employment, data privacy, or civil rights claim.This bill would require the Labor Commissioner, on or before July 1, 2026, to develop a template notice and would require an employer to use the template notice to comply with the notice requirement described above. The bill would also require the Labor Commissioner, on or before July 1, 2026, to develop a video for employees advising them of their rights under the areas listed above and to develop a video for employers advising them of their requirements under those areas.This bill would require an employer, if an employee has designated an emergency contact, to notify that designated emergency contact in the event of an enforcement action against the employee in which an employee is arrested or detained. The bill would authorize the designated emergency contact to collect all wages owed to the employee if an employee is arrested or detained under those circumstances.This bill would prohibit an employer from discharging, threatening to discharge, demoting, suspending, or in any manner discriminating or retaliating against an employee for exercising or attempting to exercise their rights under the bill, as provided.This bill would require the Labor Commissioner to enforce the bill, as specified, but would also alternatively authorize an employee who has suffered a violation of the bill, or their exclusive representative, to bring a civil action for damages, and would further alternatively authorize enforcement by a public prosecutor. The bill would make an employer who violates the bill subject to a civil penalty of $500 per employee for each violation.Existing law, the Healthy Workplaces, Healthy Families Act of 2014, establishes requirements relating to paid sick days and paid sick leave, as described.This bill would make nonsubstantive changes to the provision naming the act.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Part 5.6 (commencing with Section 1550) is added to Division 2 of the Labor Code, to read:PART 5.6. WORKPLACE KNOW YOUR RIGHTS1550. This part shall be known, and may be cited, as the Workplace Know Your Rights Act.1551. (a) It is the intent of the Legislature that California workers have a strong understanding of their rights as workers, as well as their civil rights under state and federal law.(b) It is further the intent of the Legislature to equip workers with this knowledge to protect them from retaliation and discrimination, to ensure that they receive all wages and benefits to which they are entitled, to empower them to refuse unsafe work when necessary, and to prepare them to assert their labor, civil, and immigrant rights whenever these rights are threatened.(c) It is further the intent of the Legislature to equip workers with knowledge of their rights that they can also use to protect their families, neighbors, and communities at a time of potential disruption, dislocation, and fear for many Californians.(d) It is further the intent of the Legislature to ensure that all workers enjoy the protections of state labor, civil, antidiscrimination, and antiharassment laws and all other protections under the law while they are in California.1552. For purposes of this part, the following definitions apply:(a) Constitutional rights when interacting with law enforcement at the workplace means a persons rights under the United States Constitution, including an employees Fourth Amendment right to be free from unreasonable searches and seizures, Fifth Amendment right against self-incrimination, and Fifth Amendment right to due process of law.(b) Fifth Amendment right against self incrimination means a person cannot be forced to incriminate themselves. It also includes the right to remain silent and the right to counsel.(c) Fifth Amendment right to due process of law means that a person cannot be deprived of life, liberty, or process without due process of law.(d) Fourth Amendment right be free from unreasonable searches and seizures means a persons right to be secure in their person, property, paper, and effects. It also includes the right to be free from unreasonable searches from law enforcement, unreasonable seizures from law enforcement, and unreasonable arrests from law enforcement.1553. (a) An employer shall annually provide a stand-alone written notice to each current employee, and to each new employee upon hire, of workers rights under state and federal law. Written notice shall also be given to the employees authorized representative, if any. The notice shall contain a description of workers rights in the following areas:(1) Protection against misclassification of an employee as an independent contractor.(2) General health and safety protections under California regulations, including, but not limited to, outdoor heat illness prevention, indoor heat illness prevention, and injury and illness prevention.(3) Wage and hour protections.(4) Workers compensation.(5) Unemployment insurance.(6) Paid sick days, paid family leave, state disability insurance, and the California Family Rights Act (Section 12945.2 of the Government Code).(7) The right to notice of inspection by immigration agencies pursuant to subdivision (a) of Section 90.2.(8) Protection against unfair immigration-related practices against a person exercising protected rights.(9) Rights under data privacy laws that govern the sale and sharing of data with third parties.(10) Protection against retaliation by an employer if a worker exercises a right guaranteed by law.(11) The right to organize a union in the workplace.(12) Rights and protections applicable during natural disasters and emergency conditions.(13) Constitutional rights when interacting with law enforcement at the workplace.(b) The notice shall also contain a list of the state agencies at which an employee may file a labor, fair employment, data privacy, or civil rights claim.1554. (a) On or before July 1, 2026, the Labor Commissioner shall develop a template notice that an employer shall use to comply with the requirements of Section 1553. The Labor Commissioner shall post the template notice on its internet website so that it is accessible to an employer. The template notice shall be written in plain terminology that is easily understood by a worker. The Labor Commissioner shall make the template notice available in different languages, including, but not limited to, English, Spanish, Chinese, Tagalog, Vietnamese, and Korean.(b) On or before July 1, 2026, the Labor Commissioner shall develop a video for employees advising them of their rights under the areas listed in Section 1553.(c) On or before July 1, 2026, the Labor Commissioner shall develop a video for employers advising them of their requirements under the areas listed in Section 1553.1555. (a) If an employee has designated an emergency contact with the employer, the employer shall notify the designated emergency contact in the event of an enforcement action against the employee in which the employee is arrested or detained.(b) The designated emergency contact may collect all wages owed to the employee if the employee is arrested or detained pursuant to an enforcement action and may file a wage claim on the employees behalf if the wages are not lawfully paid.1556. Parties subject to this part may provide, by collective bargaining agreement, that the agreement supersedes the requirements of this part, in whole or in part, if the waiver is explicitly set forth in the agreement in clear and unambiguous terms.1557. An employer shall not discharge, threaten to discharge, demote, suspend, or in any manner discriminate or retaliate against an employee for exercising or attempting to exercise their rights under this part, filing a complaint with the Labor Commissioner alleging a violation of this part, cooperating in an investigation or prosecution of an alleged violation of this part, or for any action taken by an employee to invoke, or assist in any manner in, the enforcement of this part.1558. (a) The Labor Commissioner shall enforce this part, including investigating an alleged violation, and ordering appropriate temporary relief to mitigate a violation or maintain the status quo pending the completion of a full investigation or hearing through the procedures set forth in Section 98.3, 98.7, 98.74, or 1197.1, including issuing a citation against an employer who violates this section and filing a civil action. If a citation is issued, the procedures for issuing, contesting, and enforcing judgments for citations and civil penalties issued by the Labor Commissioner shall be the same as those set out in Section 98.74 or 1197.1, as applicable.(b) As an alternative to subdivision (a), any employee who has suffered a violation of this part, or their exclusive representative, may bring a civil action in a court of competent jurisdiction for damages caused by that adverse action, including punitive damages.(c) This part may also alternatively be enforced by a public prosecutor pursuant to Chapter 8 (commencing with Section 180) of Division 1.(d) In any civil action brought pursuant to subdivision (a), (b), or (c) in a superior court in any county wherein the violation is alleged to have occurred, or where the person resides or transacts business, the petitioner may seek appropriate temporary or preliminary injunctive relief, including punitive damages, and reasonable attorneys fees and costs as part of the costs of any action for damages.(e) In addition to any other remedy, an employer who violates this part shall be subject to a civil penalty of five hundred dollars ($500) per employee for each violation.1559. This part does not preempt any city, county, or city and county ordinance that provides equal or greater protection to employees who are covered by this part.SECTION 1.Section 245 of the Labor Code is amended to read:245.(a)This article shall be known, and may be cited, as the Healthy Workplaces, Healthy Families Act of 2014.(b)The provisions of this article are in addition to and independent of any other rights, remedies, or procedures available under any other law and do not diminish, alter, or negate any other legal rights, remedies, or procedures available to an aggrieved person. |
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| 1 | + | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 294Introduced by Senator ReyesFebruary 06, 2025 An act to amend Section 245 of the Labor Code, relating to employment. LEGISLATIVE COUNSEL'S DIGESTSB 294, as introduced, Reyes. Healthy Workplaces, Healthy Families Act of 2014.Existing law, the Healthy Workplaces, Healthy Families Act of 2014, establishes requirements relating to paid sick days and paid sick leave, as described.This bill would make nonsubstantive changes to the provision naming the act.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 245 of the Labor Code is amended to read:245. (a) This article shall be known known, and may be cited cited, as the Healthy Workplaces, Healthy Families Act of 2014.(b) The provisions of this article are in addition to and independent of any other rights, remedies, or procedures available under any other law and do not diminish, alter, or negate any other legal rights, remedies, or procedures available to an aggrieved person. |
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| 28 | | - | Existing law establishes the Division of Labor Standards Enforcement, headed by the Labor Commissioner, within the Department of Industrial Relations, for the purpose of enforcing labor laws. Existing law prescribes the duties and rights of employers and employees relating to specified labor laws, including, among other things, payment of wages, working conditions, paid sick days, workers compensation, unemployment insurance, and notice requirements related to inspections conducted by an immigration agency.This bill would establish the Workplace Know Your Rights Act. The bill would require an employer to annually provide a stand-alone written notice to each current employee, and to each new employee upon hire, of workers rights under state and federal law. The bill would list the areas of workers rights to be covered by the notice, including, among other things, the categories described above, as well as the constitutional rights of employees when interacting with law enforcement at the workplace, as defined by the bill. The bill would also require the notice to contain a list of the state agencies at which an employee may file a labor, fair employment, data privacy, or civil rights claim.This bill would require the Labor Commissioner, on or before July 1, 2026, to develop a template notice and would require an employer to use the template notice to comply with the notice requirement described above. The bill would also require the Labor Commissioner, on or before July 1, 2026, to develop a video for employees advising them of their rights under the areas listed above and to develop a video for employers advising them of their requirements under those areas.This bill would require an employer, if an employee has designated an emergency contact, to notify that designated emergency contact in the event of an enforcement action against the employee in which an employee is arrested or detained. The bill would authorize the designated emergency contact to collect all wages owed to the employee if an employee is arrested or detained under those circumstances.This bill would prohibit an employer from discharging, threatening to discharge, demoting, suspending, or in any manner discriminating or retaliating against an employee for exercising or attempting to exercise their rights under the bill, as provided.This bill would require the Labor Commissioner to enforce the bill, as specified, but would also alternatively authorize an employee who has suffered a violation of the bill, or their exclusive representative, to bring a civil action for damages, and would further alternatively authorize enforcement by a public prosecutor. The bill would make an employer who violates the bill subject to a civil penalty of $500 per employee for each violation.Existing law, the Healthy Workplaces, Healthy Families Act of 2014, establishes requirements relating to paid sick days and paid sick leave, as described.This bill would make nonsubstantive changes to the provision naming the act. |
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| 29 | | - | |
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| 30 | | - | Existing law establishes the Division of Labor Standards Enforcement, headed by the Labor Commissioner, within the Department of Industrial Relations, for the purpose of enforcing labor laws. Existing law prescribes the duties and rights of employers and employees relating to specified labor laws, including, among other things, payment of wages, working conditions, paid sick days, workers compensation, unemployment insurance, and notice requirements related to inspections conducted by an immigration agency. |
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| 31 | | - | |
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| 32 | | - | This bill would establish the Workplace Know Your Rights Act. The bill would require an employer to annually provide a stand-alone written notice to each current employee, and to each new employee upon hire, of workers rights under state and federal law. The bill would list the areas of workers rights to be covered by the notice, including, among other things, the categories described above, as well as the constitutional rights of employees when interacting with law enforcement at the workplace, as defined by the bill. The bill would also require the notice to contain a list of the state agencies at which an employee may file a labor, fair employment, data privacy, or civil rights claim. |
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| 33 | | - | |
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| 34 | | - | This bill would require the Labor Commissioner, on or before July 1, 2026, to develop a template notice and would require an employer to use the template notice to comply with the notice requirement described above. The bill would also require the Labor Commissioner, on or before July 1, 2026, to develop a video for employees advising them of their rights under the areas listed above and to develop a video for employers advising them of their requirements under those areas. |
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| 35 | | - | |
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| 36 | | - | This bill would require an employer, if an employee has designated an emergency contact, to notify that designated emergency contact in the event of an enforcement action against the employee in which an employee is arrested or detained. The bill would authorize the designated emergency contact to collect all wages owed to the employee if an employee is arrested or detained under those circumstances. |
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| 37 | | - | |
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| 38 | | - | This bill would prohibit an employer from discharging, threatening to discharge, demoting, suspending, or in any manner discriminating or retaliating against an employee for exercising or attempting to exercise their rights under the bill, as provided. |
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| 39 | | - | |
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| 40 | | - | This bill would require the Labor Commissioner to enforce the bill, as specified, but would also alternatively authorize an employee who has suffered a violation of the bill, or their exclusive representative, to bring a civil action for damages, and would further alternatively authorize enforcement by a public prosecutor. The bill would make an employer who violates the bill subject to a civil penalty of $500 per employee for each violation. |
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| 28 | + | Existing law, the Healthy Workplaces, Healthy Families Act of 2014, establishes requirements relating to paid sick days and paid sick leave, as described.This bill would make nonsubstantive changes to the provision naming the act. |
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| 54 | | - | The people of the State of California do enact as follows:SECTION 1. Part 5.6 (commencing with Section 1550) is added to Division 2 of the Labor Code, to read:PART 5.6. WORKPLACE KNOW YOUR RIGHTS1550. This part shall be known, and may be cited, as the Workplace Know Your Rights Act.1551. (a) It is the intent of the Legislature that California workers have a strong understanding of their rights as workers, as well as their civil rights under state and federal law.(b) It is further the intent of the Legislature to equip workers with this knowledge to protect them from retaliation and discrimination, to ensure that they receive all wages and benefits to which they are entitled, to empower them to refuse unsafe work when necessary, and to prepare them to assert their labor, civil, and immigrant rights whenever these rights are threatened.(c) It is further the intent of the Legislature to equip workers with knowledge of their rights that they can also use to protect their families, neighbors, and communities at a time of potential disruption, dislocation, and fear for many Californians.(d) It is further the intent of the Legislature to ensure that all workers enjoy the protections of state labor, civil, antidiscrimination, and antiharassment laws and all other protections under the law while they are in California.1552. For purposes of this part, the following definitions apply:(a) Constitutional rights when interacting with law enforcement at the workplace means a persons rights under the United States Constitution, including an employees Fourth Amendment right to be free from unreasonable searches and seizures, Fifth Amendment right against self-incrimination, and Fifth Amendment right to due process of law.(b) Fifth Amendment right against self incrimination means a person cannot be forced to incriminate themselves. It also includes the right to remain silent and the right to counsel.(c) Fifth Amendment right to due process of law means that a person cannot be deprived of life, liberty, or process without due process of law.(d) Fourth Amendment right be free from unreasonable searches and seizures means a persons right to be secure in their person, property, paper, and effects. It also includes the right to be free from unreasonable searches from law enforcement, unreasonable seizures from law enforcement, and unreasonable arrests from law enforcement.1553. (a) An employer shall annually provide a stand-alone written notice to each current employee, and to each new employee upon hire, of workers rights under state and federal law. Written notice shall also be given to the employees authorized representative, if any. The notice shall contain a description of workers rights in the following areas:(1) Protection against misclassification of an employee as an independent contractor.(2) General health and safety protections under California regulations, including, but not limited to, outdoor heat illness prevention, indoor heat illness prevention, and injury and illness prevention.(3) Wage and hour protections.(4) Workers compensation.(5) Unemployment insurance.(6) Paid sick days, paid family leave, state disability insurance, and the California Family Rights Act (Section 12945.2 of the Government Code).(7) The right to notice of inspection by immigration agencies pursuant to subdivision (a) of Section 90.2.(8) Protection against unfair immigration-related practices against a person exercising protected rights.(9) Rights under data privacy laws that govern the sale and sharing of data with third parties.(10) Protection against retaliation by an employer if a worker exercises a right guaranteed by law.(11) The right to organize a union in the workplace.(12) Rights and protections applicable during natural disasters and emergency conditions.(13) Constitutional rights when interacting with law enforcement at the workplace.(b) The notice shall also contain a list of the state agencies at which an employee may file a labor, fair employment, data privacy, or civil rights claim.1554. (a) On or before July 1, 2026, the Labor Commissioner shall develop a template notice that an employer shall use to comply with the requirements of Section 1553. The Labor Commissioner shall post the template notice on its internet website so that it is accessible to an employer. The template notice shall be written in plain terminology that is easily understood by a worker. The Labor Commissioner shall make the template notice available in different languages, including, but not limited to, English, Spanish, Chinese, Tagalog, Vietnamese, and Korean.(b) On or before July 1, 2026, the Labor Commissioner shall develop a video for employees advising them of their rights under the areas listed in Section 1553.(c) On or before July 1, 2026, the Labor Commissioner shall develop a video for employers advising them of their requirements under the areas listed in Section 1553.1555. (a) If an employee has designated an emergency contact with the employer, the employer shall notify the designated emergency contact in the event of an enforcement action against the employee in which the employee is arrested or detained.(b) The designated emergency contact may collect all wages owed to the employee if the employee is arrested or detained pursuant to an enforcement action and may file a wage claim on the employees behalf if the wages are not lawfully paid.1556. Parties subject to this part may provide, by collective bargaining agreement, that the agreement supersedes the requirements of this part, in whole or in part, if the waiver is explicitly set forth in the agreement in clear and unambiguous terms.1557. An employer shall not discharge, threaten to discharge, demote, suspend, or in any manner discriminate or retaliate against an employee for exercising or attempting to exercise their rights under this part, filing a complaint with the Labor Commissioner alleging a violation of this part, cooperating in an investigation or prosecution of an alleged violation of this part, or for any action taken by an employee to invoke, or assist in any manner in, the enforcement of this part.1558. (a) The Labor Commissioner shall enforce this part, including investigating an alleged violation, and ordering appropriate temporary relief to mitigate a violation or maintain the status quo pending the completion of a full investigation or hearing through the procedures set forth in Section 98.3, 98.7, 98.74, or 1197.1, including issuing a citation against an employer who violates this section and filing a civil action. If a citation is issued, the procedures for issuing, contesting, and enforcing judgments for citations and civil penalties issued by the Labor Commissioner shall be the same as those set out in Section 98.74 or 1197.1, as applicable.(b) As an alternative to subdivision (a), any employee who has suffered a violation of this part, or their exclusive representative, may bring a civil action in a court of competent jurisdiction for damages caused by that adverse action, including punitive damages.(c) This part may also alternatively be enforced by a public prosecutor pursuant to Chapter 8 (commencing with Section 180) of Division 1.(d) In any civil action brought pursuant to subdivision (a), (b), or (c) in a superior court in any county wherein the violation is alleged to have occurred, or where the person resides or transacts business, the petitioner may seek appropriate temporary or preliminary injunctive relief, including punitive damages, and reasonable attorneys fees and costs as part of the costs of any action for damages.(e) In addition to any other remedy, an employer who violates this part shall be subject to a civil penalty of five hundred dollars ($500) per employee for each violation.1559. This part does not preempt any city, county, or city and county ordinance that provides equal or greater protection to employees who are covered by this part.SECTION 1.Section 245 of the Labor Code is amended to read:245.(a)This article shall be known, and may be cited, as the Healthy Workplaces, Healthy Families Act of 2014.(b)The provisions of this article are in addition to and independent of any other rights, remedies, or procedures available under any other law and do not diminish, alter, or negate any other legal rights, remedies, or procedures available to an aggrieved person. |
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| 38 | + | The people of the State of California do enact as follows:SECTION 1. Section 245 of the Labor Code is amended to read:245. (a) This article shall be known known, and may be cited cited, as the Healthy Workplaces, Healthy Families Act of 2014.(b) The provisions of this article are in addition to and independent of any other rights, remedies, or procedures available under any other law and do not diminish, alter, or negate any other legal rights, remedies, or procedures available to an aggrieved person. |
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| 60 | | - | SECTION 1. Part 5.6 (commencing with Section 1550) is added to Division 2 of the Labor Code, to read:PART 5.6. WORKPLACE KNOW YOUR RIGHTS1550. This part shall be known, and may be cited, as the Workplace Know Your Rights Act.1551. (a) It is the intent of the Legislature that California workers have a strong understanding of their rights as workers, as well as their civil rights under state and federal law.(b) It is further the intent of the Legislature to equip workers with this knowledge to protect them from retaliation and discrimination, to ensure that they receive all wages and benefits to which they are entitled, to empower them to refuse unsafe work when necessary, and to prepare them to assert their labor, civil, and immigrant rights whenever these rights are threatened.(c) It is further the intent of the Legislature to equip workers with knowledge of their rights that they can also use to protect their families, neighbors, and communities at a time of potential disruption, dislocation, and fear for many Californians.(d) It is further the intent of the Legislature to ensure that all workers enjoy the protections of state labor, civil, antidiscrimination, and antiharassment laws and all other protections under the law while they are in California.1552. For purposes of this part, the following definitions apply:(a) Constitutional rights when interacting with law enforcement at the workplace means a persons rights under the United States Constitution, including an employees Fourth Amendment right to be free from unreasonable searches and seizures, Fifth Amendment right against self-incrimination, and Fifth Amendment right to due process of law.(b) Fifth Amendment right against self incrimination means a person cannot be forced to incriminate themselves. It also includes the right to remain silent and the right to counsel.(c) Fifth Amendment right to due process of law means that a person cannot be deprived of life, liberty, or process without due process of law.(d) Fourth Amendment right be free from unreasonable searches and seizures means a persons right to be secure in their person, property, paper, and effects. It also includes the right to be free from unreasonable searches from law enforcement, unreasonable seizures from law enforcement, and unreasonable arrests from law enforcement.1553. (a) An employer shall annually provide a stand-alone written notice to each current employee, and to each new employee upon hire, of workers rights under state and federal law. Written notice shall also be given to the employees authorized representative, if any. The notice shall contain a description of workers rights in the following areas:(1) Protection against misclassification of an employee as an independent contractor.(2) General health and safety protections under California regulations, including, but not limited to, outdoor heat illness prevention, indoor heat illness prevention, and injury and illness prevention.(3) Wage and hour protections.(4) Workers compensation.(5) Unemployment insurance.(6) Paid sick days, paid family leave, state disability insurance, and the California Family Rights Act (Section 12945.2 of the Government Code).(7) The right to notice of inspection by immigration agencies pursuant to subdivision (a) of Section 90.2.(8) Protection against unfair immigration-related practices against a person exercising protected rights.(9) Rights under data privacy laws that govern the sale and sharing of data with third parties.(10) Protection against retaliation by an employer if a worker exercises a right guaranteed by law.(11) The right to organize a union in the workplace.(12) Rights and protections applicable during natural disasters and emergency conditions.(13) Constitutional rights when interacting with law enforcement at the workplace.(b) The notice shall also contain a list of the state agencies at which an employee may file a labor, fair employment, data privacy, or civil rights claim.1554. (a) On or before July 1, 2026, the Labor Commissioner shall develop a template notice that an employer shall use to comply with the requirements of Section 1553. The Labor Commissioner shall post the template notice on its internet website so that it is accessible to an employer. The template notice shall be written in plain terminology that is easily understood by a worker. The Labor Commissioner shall make the template notice available in different languages, including, but not limited to, English, Spanish, Chinese, Tagalog, Vietnamese, and Korean.(b) On or before July 1, 2026, the Labor Commissioner shall develop a video for employees advising them of their rights under the areas listed in Section 1553.(c) On or before July 1, 2026, the Labor Commissioner shall develop a video for employers advising them of their requirements under the areas listed in Section 1553.1555. (a) If an employee has designated an emergency contact with the employer, the employer shall notify the designated emergency contact in the event of an enforcement action against the employee in which the employee is arrested or detained.(b) The designated emergency contact may collect all wages owed to the employee if the employee is arrested or detained pursuant to an enforcement action and may file a wage claim on the employees behalf if the wages are not lawfully paid.1556. Parties subject to this part may provide, by collective bargaining agreement, that the agreement supersedes the requirements of this part, in whole or in part, if the waiver is explicitly set forth in the agreement in clear and unambiguous terms.1557. An employer shall not discharge, threaten to discharge, demote, suspend, or in any manner discriminate or retaliate against an employee for exercising or attempting to exercise their rights under this part, filing a complaint with the Labor Commissioner alleging a violation of this part, cooperating in an investigation or prosecution of an alleged violation of this part, or for any action taken by an employee to invoke, or assist in any manner in, the enforcement of this part.1558. (a) The Labor Commissioner shall enforce this part, including investigating an alleged violation, and ordering appropriate temporary relief to mitigate a violation or maintain the status quo pending the completion of a full investigation or hearing through the procedures set forth in Section 98.3, 98.7, 98.74, or 1197.1, including issuing a citation against an employer who violates this section and filing a civil action. If a citation is issued, the procedures for issuing, contesting, and enforcing judgments for citations and civil penalties issued by the Labor Commissioner shall be the same as those set out in Section 98.74 or 1197.1, as applicable.(b) As an alternative to subdivision (a), any employee who has suffered a violation of this part, or their exclusive representative, may bring a civil action in a court of competent jurisdiction for damages caused by that adverse action, including punitive damages.(c) This part may also alternatively be enforced by a public prosecutor pursuant to Chapter 8 (commencing with Section 180) of Division 1.(d) In any civil action brought pursuant to subdivision (a), (b), or (c) in a superior court in any county wherein the violation is alleged to have occurred, or where the person resides or transacts business, the petitioner may seek appropriate temporary or preliminary injunctive relief, including punitive damages, and reasonable attorneys fees and costs as part of the costs of any action for damages.(e) In addition to any other remedy, an employer who violates this part shall be subject to a civil penalty of five hundred dollars ($500) per employee for each violation.1559. This part does not preempt any city, county, or city and county ordinance that provides equal or greater protection to employees who are covered by this part. |
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| 44 | + | SECTION 1. Section 245 of the Labor Code is amended to read:245. (a) This article shall be known known, and may be cited cited, as the Healthy Workplaces, Healthy Families Act of 2014.(b) The provisions of this article are in addition to and independent of any other rights, remedies, or procedures available under any other law and do not diminish, alter, or negate any other legal rights, remedies, or procedures available to an aggrieved person. |
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| 66 | | - | PART 5.6. WORKPLACE KNOW YOUR RIGHTS1550. This part shall be known, and may be cited, as the Workplace Know Your Rights Act.1551. (a) It is the intent of the Legislature that California workers have a strong understanding of their rights as workers, as well as their civil rights under state and federal law.(b) It is further the intent of the Legislature to equip workers with this knowledge to protect them from retaliation and discrimination, to ensure that they receive all wages and benefits to which they are entitled, to empower them to refuse unsafe work when necessary, and to prepare them to assert their labor, civil, and immigrant rights whenever these rights are threatened.(c) It is further the intent of the Legislature to equip workers with knowledge of their rights that they can also use to protect their families, neighbors, and communities at a time of potential disruption, dislocation, and fear for many Californians.(d) It is further the intent of the Legislature to ensure that all workers enjoy the protections of state labor, civil, antidiscrimination, and antiharassment laws and all other protections under the law while they are in California.1552. For purposes of this part, the following definitions apply:(a) Constitutional rights when interacting with law enforcement at the workplace means a persons rights under the United States Constitution, including an employees Fourth Amendment right to be free from unreasonable searches and seizures, Fifth Amendment right against self-incrimination, and Fifth Amendment right to due process of law.(b) Fifth Amendment right against self incrimination means a person cannot be forced to incriminate themselves. It also includes the right to remain silent and the right to counsel.(c) Fifth Amendment right to due process of law means that a person cannot be deprived of life, liberty, or process without due process of law.(d) Fourth Amendment right be free from unreasonable searches and seizures means a persons right to be secure in their person, property, paper, and effects. It also includes the right to be free from unreasonable searches from law enforcement, unreasonable seizures from law enforcement, and unreasonable arrests from law enforcement.1553. (a) An employer shall annually provide a stand-alone written notice to each current employee, and to each new employee upon hire, of workers rights under state and federal law. Written notice shall also be given to the employees authorized representative, if any. The notice shall contain a description of workers rights in the following areas:(1) Protection against misclassification of an employee as an independent contractor.(2) General health and safety protections under California regulations, including, but not limited to, outdoor heat illness prevention, indoor heat illness prevention, and injury and illness prevention.(3) Wage and hour protections.(4) Workers compensation.(5) Unemployment insurance.(6) Paid sick days, paid family leave, state disability insurance, and the California Family Rights Act (Section 12945.2 of the Government Code).(7) The right to notice of inspection by immigration agencies pursuant to subdivision (a) of Section 90.2.(8) Protection against unfair immigration-related practices against a person exercising protected rights.(9) Rights under data privacy laws that govern the sale and sharing of data with third parties.(10) Protection against retaliation by an employer if a worker exercises a right guaranteed by law.(11) The right to organize a union in the workplace.(12) Rights and protections applicable during natural disasters and emergency conditions.(13) Constitutional rights when interacting with law enforcement at the workplace.(b) The notice shall also contain a list of the state agencies at which an employee may file a labor, fair employment, data privacy, or civil rights claim.1554. (a) On or before July 1, 2026, the Labor Commissioner shall develop a template notice that an employer shall use to comply with the requirements of Section 1553. The Labor Commissioner shall post the template notice on its internet website so that it is accessible to an employer. The template notice shall be written in plain terminology that is easily understood by a worker. The Labor Commissioner shall make the template notice available in different languages, including, but not limited to, English, Spanish, Chinese, Tagalog, Vietnamese, and Korean.(b) On or before July 1, 2026, the Labor Commissioner shall develop a video for employees advising them of their rights under the areas listed in Section 1553.(c) On or before July 1, 2026, the Labor Commissioner shall develop a video for employers advising them of their requirements under the areas listed in Section 1553.1555. (a) If an employee has designated an emergency contact with the employer, the employer shall notify the designated emergency contact in the event of an enforcement action against the employee in which the employee is arrested or detained.(b) The designated emergency contact may collect all wages owed to the employee if the employee is arrested or detained pursuant to an enforcement action and may file a wage claim on the employees behalf if the wages are not lawfully paid.1556. Parties subject to this part may provide, by collective bargaining agreement, that the agreement supersedes the requirements of this part, in whole or in part, if the waiver is explicitly set forth in the agreement in clear and unambiguous terms.1557. An employer shall not discharge, threaten to discharge, demote, suspend, or in any manner discriminate or retaliate against an employee for exercising or attempting to exercise their rights under this part, filing a complaint with the Labor Commissioner alleging a violation of this part, cooperating in an investigation or prosecution of an alleged violation of this part, or for any action taken by an employee to invoke, or assist in any manner in, the enforcement of this part.1558. (a) The Labor Commissioner shall enforce this part, including investigating an alleged violation, and ordering appropriate temporary relief to mitigate a violation or maintain the status quo pending the completion of a full investigation or hearing through the procedures set forth in Section 98.3, 98.7, 98.74, or 1197.1, including issuing a citation against an employer who violates this section and filing a civil action. If a citation is issued, the procedures for issuing, contesting, and enforcing judgments for citations and civil penalties issued by the Labor Commissioner shall be the same as those set out in Section 98.74 or 1197.1, as applicable.(b) As an alternative to subdivision (a), any employee who has suffered a violation of this part, or their exclusive representative, may bring a civil action in a court of competent jurisdiction for damages caused by that adverse action, including punitive damages.(c) This part may also alternatively be enforced by a public prosecutor pursuant to Chapter 8 (commencing with Section 180) of Division 1.(d) In any civil action brought pursuant to subdivision (a), (b), or (c) in a superior court in any county wherein the violation is alleged to have occurred, or where the person resides or transacts business, the petitioner may seek appropriate temporary or preliminary injunctive relief, including punitive damages, and reasonable attorneys fees and costs as part of the costs of any action for damages.(e) In addition to any other remedy, an employer who violates this part shall be subject to a civil penalty of five hundred dollars ($500) per employee for each violation.1559. This part does not preempt any city, county, or city and county ordinance that provides equal or greater protection to employees who are covered by this part. |
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| 50 | + | 245. (a) This article shall be known known, and may be cited cited, as the Healthy Workplaces, Healthy Families Act of 2014.(b) The provisions of this article are in addition to and independent of any other rights, remedies, or procedures available under any other law and do not diminish, alter, or negate any other legal rights, remedies, or procedures available to an aggrieved person. |
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| 68 | | - | PART 5.6. WORKPLACE KNOW YOUR RIGHTS1550. This part shall be known, and may be cited, as the Workplace Know Your Rights Act.1551. (a) It is the intent of the Legislature that California workers have a strong understanding of their rights as workers, as well as their civil rights under state and federal law.(b) It is further the intent of the Legislature to equip workers with this knowledge to protect them from retaliation and discrimination, to ensure that they receive all wages and benefits to which they are entitled, to empower them to refuse unsafe work when necessary, and to prepare them to assert their labor, civil, and immigrant rights whenever these rights are threatened.(c) It is further the intent of the Legislature to equip workers with knowledge of their rights that they can also use to protect their families, neighbors, and communities at a time of potential disruption, dislocation, and fear for many Californians.(d) It is further the intent of the Legislature to ensure that all workers enjoy the protections of state labor, civil, antidiscrimination, and antiharassment laws and all other protections under the law while they are in California.1552. For purposes of this part, the following definitions apply:(a) Constitutional rights when interacting with law enforcement at the workplace means a persons rights under the United States Constitution, including an employees Fourth Amendment right to be free from unreasonable searches and seizures, Fifth Amendment right against self-incrimination, and Fifth Amendment right to due process of law.(b) Fifth Amendment right against self incrimination means a person cannot be forced to incriminate themselves. It also includes the right to remain silent and the right to counsel.(c) Fifth Amendment right to due process of law means that a person cannot be deprived of life, liberty, or process without due process of law.(d) Fourth Amendment right be free from unreasonable searches and seizures means a persons right to be secure in their person, property, paper, and effects. It also includes the right to be free from unreasonable searches from law enforcement, unreasonable seizures from law enforcement, and unreasonable arrests from law enforcement.1553. (a) An employer shall annually provide a stand-alone written notice to each current employee, and to each new employee upon hire, of workers rights under state and federal law. Written notice shall also be given to the employees authorized representative, if any. The notice shall contain a description of workers rights in the following areas:(1) Protection against misclassification of an employee as an independent contractor.(2) General health and safety protections under California regulations, including, but not limited to, outdoor heat illness prevention, indoor heat illness prevention, and injury and illness prevention.(3) Wage and hour protections.(4) Workers compensation.(5) Unemployment insurance.(6) Paid sick days, paid family leave, state disability insurance, and the California Family Rights Act (Section 12945.2 of the Government Code).(7) The right to notice of inspection by immigration agencies pursuant to subdivision (a) of Section 90.2.(8) Protection against unfair immigration-related practices against a person exercising protected rights.(9) Rights under data privacy laws that govern the sale and sharing of data with third parties.(10) Protection against retaliation by an employer if a worker exercises a right guaranteed by law.(11) The right to organize a union in the workplace.(12) Rights and protections applicable during natural disasters and emergency conditions.(13) Constitutional rights when interacting with law enforcement at the workplace.(b) The notice shall also contain a list of the state agencies at which an employee may file a labor, fair employment, data privacy, or civil rights claim.1554. (a) On or before July 1, 2026, the Labor Commissioner shall develop a template notice that an employer shall use to comply with the requirements of Section 1553. The Labor Commissioner shall post the template notice on its internet website so that it is accessible to an employer. The template notice shall be written in plain terminology that is easily understood by a worker. The Labor Commissioner shall make the template notice available in different languages, including, but not limited to, English, Spanish, Chinese, Tagalog, Vietnamese, and Korean.(b) On or before July 1, 2026, the Labor Commissioner shall develop a video for employees advising them of their rights under the areas listed in Section 1553.(c) On or before July 1, 2026, the Labor Commissioner shall develop a video for employers advising them of their requirements under the areas listed in Section 1553.1555. (a) If an employee has designated an emergency contact with the employer, the employer shall notify the designated emergency contact in the event of an enforcement action against the employee in which the employee is arrested or detained.(b) The designated emergency contact may collect all wages owed to the employee if the employee is arrested or detained pursuant to an enforcement action and may file a wage claim on the employees behalf if the wages are not lawfully paid.1556. Parties subject to this part may provide, by collective bargaining agreement, that the agreement supersedes the requirements of this part, in whole or in part, if the waiver is explicitly set forth in the agreement in clear and unambiguous terms.1557. An employer shall not discharge, threaten to discharge, demote, suspend, or in any manner discriminate or retaliate against an employee for exercising or attempting to exercise their rights under this part, filing a complaint with the Labor Commissioner alleging a violation of this part, cooperating in an investigation or prosecution of an alleged violation of this part, or for any action taken by an employee to invoke, or assist in any manner in, the enforcement of this part.1558. (a) The Labor Commissioner shall enforce this part, including investigating an alleged violation, and ordering appropriate temporary relief to mitigate a violation or maintain the status quo pending the completion of a full investigation or hearing through the procedures set forth in Section 98.3, 98.7, 98.74, or 1197.1, including issuing a citation against an employer who violates this section and filing a civil action. If a citation is issued, the procedures for issuing, contesting, and enforcing judgments for citations and civil penalties issued by the Labor Commissioner shall be the same as those set out in Section 98.74 or 1197.1, as applicable.(b) As an alternative to subdivision (a), any employee who has suffered a violation of this part, or their exclusive representative, may bring a civil action in a court of competent jurisdiction for damages caused by that adverse action, including punitive damages.(c) This part may also alternatively be enforced by a public prosecutor pursuant to Chapter 8 (commencing with Section 180) of Division 1.(d) In any civil action brought pursuant to subdivision (a), (b), or (c) in a superior court in any county wherein the violation is alleged to have occurred, or where the person resides or transacts business, the petitioner may seek appropriate temporary or preliminary injunctive relief, including punitive damages, and reasonable attorneys fees and costs as part of the costs of any action for damages.(e) In addition to any other remedy, an employer who violates this part shall be subject to a civil penalty of five hundred dollars ($500) per employee for each violation.1559. This part does not preempt any city, county, or city and county ordinance that provides equal or greater protection to employees who are covered by this part. |
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| 52 | + | 245. (a) This article shall be known known, and may be cited cited, as the Healthy Workplaces, Healthy Families Act of 2014.(b) The provisions of this article are in addition to and independent of any other rights, remedies, or procedures available under any other law and do not diminish, alter, or negate any other legal rights, remedies, or procedures available to an aggrieved person. |
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| 78 | | - | 1550. This part shall be known, and may be cited, as the Workplace Know Your Rights Act. |
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| 79 | | - | |
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| 80 | | - | 1551. (a) It is the intent of the Legislature that California workers have a strong understanding of their rights as workers, as well as their civil rights under state and federal law.(b) It is further the intent of the Legislature to equip workers with this knowledge to protect them from retaliation and discrimination, to ensure that they receive all wages and benefits to which they are entitled, to empower them to refuse unsafe work when necessary, and to prepare them to assert their labor, civil, and immigrant rights whenever these rights are threatened.(c) It is further the intent of the Legislature to equip workers with knowledge of their rights that they can also use to protect their families, neighbors, and communities at a time of potential disruption, dislocation, and fear for many Californians.(d) It is further the intent of the Legislature to ensure that all workers enjoy the protections of state labor, civil, antidiscrimination, and antiharassment laws and all other protections under the law while they are in California. |
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| 81 | | - | |
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| 82 | | - | |
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| 83 | | - | |
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| 84 | | - | 1551. (a) It is the intent of the Legislature that California workers have a strong understanding of their rights as workers, as well as their civil rights under state and federal law. |
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| 85 | | - | |
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| 86 | | - | (b) It is further the intent of the Legislature to equip workers with this knowledge to protect them from retaliation and discrimination, to ensure that they receive all wages and benefits to which they are entitled, to empower them to refuse unsafe work when necessary, and to prepare them to assert their labor, civil, and immigrant rights whenever these rights are threatened. |
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| 87 | | - | |
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| 88 | | - | (c) It is further the intent of the Legislature to equip workers with knowledge of their rights that they can also use to protect their families, neighbors, and communities at a time of potential disruption, dislocation, and fear for many Californians. |
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| 89 | | - | |
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| 90 | | - | (d) It is further the intent of the Legislature to ensure that all workers enjoy the protections of state labor, civil, antidiscrimination, and antiharassment laws and all other protections under the law while they are in California. |
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| 91 | | - | |
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| 92 | | - | 1552. For purposes of this part, the following definitions apply:(a) Constitutional rights when interacting with law enforcement at the workplace means a persons rights under the United States Constitution, including an employees Fourth Amendment right to be free from unreasonable searches and seizures, Fifth Amendment right against self-incrimination, and Fifth Amendment right to due process of law.(b) Fifth Amendment right against self incrimination means a person cannot be forced to incriminate themselves. It also includes the right to remain silent and the right to counsel.(c) Fifth Amendment right to due process of law means that a person cannot be deprived of life, liberty, or process without due process of law.(d) Fourth Amendment right be free from unreasonable searches and seizures means a persons right to be secure in their person, property, paper, and effects. It also includes the right to be free from unreasonable searches from law enforcement, unreasonable seizures from law enforcement, and unreasonable arrests from law enforcement. |
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| 93 | | - | |
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| 94 | | - | |
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| 95 | | - | |
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| 96 | | - | 1552. For purposes of this part, the following definitions apply: |
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| 97 | | - | |
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| 98 | | - | (a) Constitutional rights when interacting with law enforcement at the workplace means a persons rights under the United States Constitution, including an employees Fourth Amendment right to be free from unreasonable searches and seizures, Fifth Amendment right against self-incrimination, and Fifth Amendment right to due process of law. |
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| 99 | | - | |
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| 100 | | - | (b) Fifth Amendment right against self incrimination means a person cannot be forced to incriminate themselves. It also includes the right to remain silent and the right to counsel. |
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| 101 | | - | |
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| 102 | | - | (c) Fifth Amendment right to due process of law means that a person cannot be deprived of life, liberty, or process without due process of law. |
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| 103 | | - | |
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| 104 | | - | (d) Fourth Amendment right be free from unreasonable searches and seizures means a persons right to be secure in their person, property, paper, and effects. It also includes the right to be free from unreasonable searches from law enforcement, unreasonable seizures from law enforcement, and unreasonable arrests from law enforcement. |
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| 105 | | - | |
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| 106 | | - | 1553. (a) An employer shall annually provide a stand-alone written notice to each current employee, and to each new employee upon hire, of workers rights under state and federal law. Written notice shall also be given to the employees authorized representative, if any. The notice shall contain a description of workers rights in the following areas:(1) Protection against misclassification of an employee as an independent contractor.(2) General health and safety protections under California regulations, including, but not limited to, outdoor heat illness prevention, indoor heat illness prevention, and injury and illness prevention.(3) Wage and hour protections.(4) Workers compensation.(5) Unemployment insurance.(6) Paid sick days, paid family leave, state disability insurance, and the California Family Rights Act (Section 12945.2 of the Government Code).(7) The right to notice of inspection by immigration agencies pursuant to subdivision (a) of Section 90.2.(8) Protection against unfair immigration-related practices against a person exercising protected rights.(9) Rights under data privacy laws that govern the sale and sharing of data with third parties.(10) Protection against retaliation by an employer if a worker exercises a right guaranteed by law.(11) The right to organize a union in the workplace.(12) Rights and protections applicable during natural disasters and emergency conditions.(13) Constitutional rights when interacting with law enforcement at the workplace.(b) The notice shall also contain a list of the state agencies at which an employee may file a labor, fair employment, data privacy, or civil rights claim. |
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| 107 | | - | |
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| 108 | | - | |
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| 109 | | - | |
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| 110 | | - | 1553. (a) An employer shall annually provide a stand-alone written notice to each current employee, and to each new employee upon hire, of workers rights under state and federal law. Written notice shall also be given to the employees authorized representative, if any. The notice shall contain a description of workers rights in the following areas: |
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| 111 | | - | |
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| 112 | | - | (1) Protection against misclassification of an employee as an independent contractor. |
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| 113 | | - | |
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| 114 | | - | (2) General health and safety protections under California regulations, including, but not limited to, outdoor heat illness prevention, indoor heat illness prevention, and injury and illness prevention. |
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| 115 | | - | |
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| 116 | | - | (3) Wage and hour protections. |
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| 117 | | - | |
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| 118 | | - | (4) Workers compensation. |
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| 119 | | - | |
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| 120 | | - | (5) Unemployment insurance. |
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| 121 | | - | |
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| 122 | | - | (6) Paid sick days, paid family leave, state disability insurance, and the California Family Rights Act (Section 12945.2 of the Government Code). |
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| 123 | | - | |
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| 124 | | - | (7) The right to notice of inspection by immigration agencies pursuant to subdivision (a) of Section 90.2. |
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| 125 | | - | |
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| 126 | | - | (8) Protection against unfair immigration-related practices against a person exercising protected rights. |
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| 127 | | - | |
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| 128 | | - | (9) Rights under data privacy laws that govern the sale and sharing of data with third parties. |
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| 129 | | - | |
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| 130 | | - | (10) Protection against retaliation by an employer if a worker exercises a right guaranteed by law. |
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| 131 | | - | |
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| 132 | | - | (11) The right to organize a union in the workplace. |
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| 133 | | - | |
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| 134 | | - | (12) Rights and protections applicable during natural disasters and emergency conditions. |
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| 135 | | - | |
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| 136 | | - | (13) Constitutional rights when interacting with law enforcement at the workplace. |
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| 137 | | - | |
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| 138 | | - | (b) The notice shall also contain a list of the state agencies at which an employee may file a labor, fair employment, data privacy, or civil rights claim. |
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| 139 | | - | |
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| 140 | | - | 1554. (a) On or before July 1, 2026, the Labor Commissioner shall develop a template notice that an employer shall use to comply with the requirements of Section 1553. The Labor Commissioner shall post the template notice on its internet website so that it is accessible to an employer. The template notice shall be written in plain terminology that is easily understood by a worker. The Labor Commissioner shall make the template notice available in different languages, including, but not limited to, English, Spanish, Chinese, Tagalog, Vietnamese, and Korean.(b) On or before July 1, 2026, the Labor Commissioner shall develop a video for employees advising them of their rights under the areas listed in Section 1553.(c) On or before July 1, 2026, the Labor Commissioner shall develop a video for employers advising them of their requirements under the areas listed in Section 1553. |
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| 141 | | - | |
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| 142 | | - | |
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| 143 | | - | |
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| 144 | | - | 1554. (a) On or before July 1, 2026, the Labor Commissioner shall develop a template notice that an employer shall use to comply with the requirements of Section 1553. The Labor Commissioner shall post the template notice on its internet website so that it is accessible to an employer. The template notice shall be written in plain terminology that is easily understood by a worker. The Labor Commissioner shall make the template notice available in different languages, including, but not limited to, English, Spanish, Chinese, Tagalog, Vietnamese, and Korean. |
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| 145 | | - | |
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| 146 | | - | (b) On or before July 1, 2026, the Labor Commissioner shall develop a video for employees advising them of their rights under the areas listed in Section 1553. |
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| 147 | | - | |
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| 148 | | - | (c) On or before July 1, 2026, the Labor Commissioner shall develop a video for employers advising them of their requirements under the areas listed in Section 1553. |
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| 149 | | - | |
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| 150 | | - | 1555. (a) If an employee has designated an emergency contact with the employer, the employer shall notify the designated emergency contact in the event of an enforcement action against the employee in which the employee is arrested or detained.(b) The designated emergency contact may collect all wages owed to the employee if the employee is arrested or detained pursuant to an enforcement action and may file a wage claim on the employees behalf if the wages are not lawfully paid. |
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| 151 | | - | |
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| 152 | | - | |
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| 153 | | - | |
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| 154 | | - | 1555. (a) If an employee has designated an emergency contact with the employer, the employer shall notify the designated emergency contact in the event of an enforcement action against the employee in which the employee is arrested or detained. |
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| 155 | | - | |
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| 156 | | - | (b) The designated emergency contact may collect all wages owed to the employee if the employee is arrested or detained pursuant to an enforcement action and may file a wage claim on the employees behalf if the wages are not lawfully paid. |
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| 157 | | - | |
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| 158 | | - | 1556. Parties subject to this part may provide, by collective bargaining agreement, that the agreement supersedes the requirements of this part, in whole or in part, if the waiver is explicitly set forth in the agreement in clear and unambiguous terms. |
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| 159 | | - | |
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| 160 | | - | |
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| 161 | | - | |
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| 162 | | - | 1556. Parties subject to this part may provide, by collective bargaining agreement, that the agreement supersedes the requirements of this part, in whole or in part, if the waiver is explicitly set forth in the agreement in clear and unambiguous terms. |
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| 163 | | - | |
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| 164 | | - | 1557. An employer shall not discharge, threaten to discharge, demote, suspend, or in any manner discriminate or retaliate against an employee for exercising or attempting to exercise their rights under this part, filing a complaint with the Labor Commissioner alleging a violation of this part, cooperating in an investigation or prosecution of an alleged violation of this part, or for any action taken by an employee to invoke, or assist in any manner in, the enforcement of this part. |
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| 165 | | - | |
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| 166 | | - | |
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| 167 | | - | |
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| 168 | | - | 1557. An employer shall not discharge, threaten to discharge, demote, suspend, or in any manner discriminate or retaliate against an employee for exercising or attempting to exercise their rights under this part, filing a complaint with the Labor Commissioner alleging a violation of this part, cooperating in an investigation or prosecution of an alleged violation of this part, or for any action taken by an employee to invoke, or assist in any manner in, the enforcement of this part. |
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| 169 | | - | |
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| 170 | | - | 1558. (a) The Labor Commissioner shall enforce this part, including investigating an alleged violation, and ordering appropriate temporary relief to mitigate a violation or maintain the status quo pending the completion of a full investigation or hearing through the procedures set forth in Section 98.3, 98.7, 98.74, or 1197.1, including issuing a citation against an employer who violates this section and filing a civil action. If a citation is issued, the procedures for issuing, contesting, and enforcing judgments for citations and civil penalties issued by the Labor Commissioner shall be the same as those set out in Section 98.74 or 1197.1, as applicable.(b) As an alternative to subdivision (a), any employee who has suffered a violation of this part, or their exclusive representative, may bring a civil action in a court of competent jurisdiction for damages caused by that adverse action, including punitive damages.(c) This part may also alternatively be enforced by a public prosecutor pursuant to Chapter 8 (commencing with Section 180) of Division 1.(d) In any civil action brought pursuant to subdivision (a), (b), or (c) in a superior court in any county wherein the violation is alleged to have occurred, or where the person resides or transacts business, the petitioner may seek appropriate temporary or preliminary injunctive relief, including punitive damages, and reasonable attorneys fees and costs as part of the costs of any action for damages.(e) In addition to any other remedy, an employer who violates this part shall be subject to a civil penalty of five hundred dollars ($500) per employee for each violation. |
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| 171 | | - | |
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| 172 | | - | |
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| 173 | | - | |
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| 174 | | - | 1558. (a) The Labor Commissioner shall enforce this part, including investigating an alleged violation, and ordering appropriate temporary relief to mitigate a violation or maintain the status quo pending the completion of a full investigation or hearing through the procedures set forth in Section 98.3, 98.7, 98.74, or 1197.1, including issuing a citation against an employer who violates this section and filing a civil action. If a citation is issued, the procedures for issuing, contesting, and enforcing judgments for citations and civil penalties issued by the Labor Commissioner shall be the same as those set out in Section 98.74 or 1197.1, as applicable. |
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| 175 | | - | |
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| 176 | | - | (b) As an alternative to subdivision (a), any employee who has suffered a violation of this part, or their exclusive representative, may bring a civil action in a court of competent jurisdiction for damages caused by that adverse action, including punitive damages. |
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| 177 | | - | |
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| 178 | | - | (c) This part may also alternatively be enforced by a public prosecutor pursuant to Chapter 8 (commencing with Section 180) of Division 1. |
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| 179 | | - | |
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| 180 | | - | (d) In any civil action brought pursuant to subdivision (a), (b), or (c) in a superior court in any county wherein the violation is alleged to have occurred, or where the person resides or transacts business, the petitioner may seek appropriate temporary or preliminary injunctive relief, including punitive damages, and reasonable attorneys fees and costs as part of the costs of any action for damages. |
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| 181 | | - | |
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| 182 | | - | (e) In addition to any other remedy, an employer who violates this part shall be subject to a civil penalty of five hundred dollars ($500) per employee for each violation. |
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| 183 | | - | |
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| 184 | | - | 1559. This part does not preempt any city, county, or city and county ordinance that provides equal or greater protection to employees who are covered by this part. |
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| 185 | | - | |
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| 186 | | - | |
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| 187 | | - | |
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| 188 | | - | 1559. This part does not preempt any city, county, or city and county ordinance that provides equal or greater protection to employees who are covered by this part. |
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| 189 | | - | |
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| 190 | | - | |
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| 191 | | - | |
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| 192 | | - | |
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| 193 | | - | |
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| 194 | | - | (a)This article shall be known, and may be cited, as the Healthy Workplaces, Healthy Families Act of 2014. |
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| 195 | | - | |
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| 196 | | - | |
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| 58 | + | 245. (a) This article shall be known known, and may be cited cited, as the Healthy Workplaces, Healthy Families Act of 2014. |
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