Bill Text: CA AB2751 | 2013-2014 | Regular Session | Introduced

California Assembly Bill 2751 (Prior Session Legislation)

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

Bill Title: Retaliation.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2014-06-28 - Chaptered by Secretary of State - Chapter 79, Statutes of 2014. [AB2751 Detail]

Download: California-2013-AB2751-Introduced.html

BILL NUMBER: AB 2751	INTRODUCED
	BILL TEXT


INTRODUCED BY   Committee on Labor and Employment (Roger Hern�ndez
(Chair), Alejo, Chau, Gomez, and Holden)

                        MARCH 13, 2014

   An act to amend Section 1019 of the Labor Code, relating to
employment.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2751, as introduced, Committee on Labor and Employment.
Retaliation: unfair immigration-related practices: suspension of
business licenses.
   Existing law prohibits an employer or any other person from
engaging in, or directing another person to engage in, an unfair
immigration-related practice, as defined, against a person for the
purpose of, or with the intent of, retaliating against any person for
exercising a right protected under state labor and employment laws
or under a local ordinance applicable to employees, as specified.
Existing law creates a rebuttable presumption that an adverse action
taken within 90 days of the exercising of a protected right is
committed for the purpose of, or with the intent of, retaliation.
Existing law authorizes a civil action by an employee or other person
who is the subject of an unfair immigration-related practice.
Existing law also authorizes a court to order the appropriate
government agencies to suspend certain business licenses held by the
violating party for prescribed periods based on the number of
violations, and requires the court to consider specified
circumstances in determining whether a suspension of all licenses is
appropriate.
   This bill would make technical, nonsubstantive changes to these
provisions.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Section 1019 of the Labor Code is amended to read:
   1019.  (a) It shall be unlawful for an employer or any other
person or entity to engage in, or to direct another person or entity
to engage in, unfair immigration-related practices against any person
for the purpose of, or with the intent of, retaliating against any
person for exercising any right protected under this code or by any
local ordinance applicable to employees. Exercising a right protected
by this code or local ordinance includes  , but is not
limited to,  the following:
   (1) Filing a complaint or informing any person of an employer's or
other party's alleged violation of this code or local ordinance, so
long as the complaint or disclosure is made in good faith.
   (2) Seeking information regarding whether an employer or other
party is in compliance with this code or local ordinance.
   (3) Informing a person of his or her potential rights and remedies
under this code or local ordinance, and assisting him or her in
asserting those rights.
   (b) (1) As used in this chapter, "unfair immigration-related
practice" means any of the following practices, when undertaken for
the retaliatory purposes prohibited by subdivision (a):
   (A) Requesting more or different documents than are required under
Section 1324a(b) of Title 8 of the United States Code, or a refusal
to honor documents tendered pursuant to that section that on their
face reasonably appear to be genuine.
   (B) Using the federal E-Verify system to check the employment
authorization status of a person at a time or in a manner not
required under Section 1324a(b) of Title 8 of the United States Code,
or not authorized under any memorandum of understanding governing
the use of the federal E-Verify system.
   (C) Threatening to file or the filing of a false police report.
   (D) Threatening to contact or contacting immigration authorities.
   (2) "Unfair immigration-related practice" does not include conduct
undertaken at the express and specific direction or request of the
federal government.
   (c) Engaging in an unfair immigration-related practice against a
person within 90 days of the person's exercise of rights protected
under this code or local ordinance applicable to employees shall
raise a rebuttable presumption of having done so in retaliation for
the exercise of those rights.
   (d) (1) An employee or other person who is the subject of an
unfair immigration-related practice prohibited by this section, or a
representative of that employee or person, may bring a civil action
for equitable relief and any damages or penalties, in accordance with
this section.
   (2) Upon a finding by a court of applicable jurisdiction of a
violation this section:
   (A) For a first violation, the court in its discretion, may order
the appropriate government agencies to suspend all licenses subject
to this chapter that are held by the violating party for a period of
up to 14 days. For the purposes of this paragraph, the licenses that
are subject to suspension are all licenses held by the violating
party specific to the business location or locations where the unfair
immigration-related practice occurred. In determining whether a
suspension of all licenses is appropriate, the court shall consider
whether the employer knowingly committed an unfair immigration
practice, the good faith efforts of the employer to resolve any
alleged unfair immigration related practice after receiving notice of
the violations, as well as the harm other employees of the employer,
or employees of other employers on a multiemployer  jobsite
  job site  , will suffer as a result of the
suspension of all licenses. On receipt of the court's order and
notwithstanding any other law, the appropriate agencies shall suspend
the licenses according to the court's order.
   (B) For a second violation, the court, in its discretion, may
order the appropriate government agencies to suspend all licenses
that are held by the violating party specific to the business
location or locations where the unfair immigration-related practice
occurred, for a period of up to 30 days. In determining whether a
suspension of all licenses is appropriate, the court shall consider
whether the employer knowingly committed an unfair immigration
practice, the good faith efforts of the employer to resolve any
alleged unfair immigration related practice after receiving notice of
the violations, as well as the harm other employees of the employer,
or employees of other employers on a multiemployer  jobsite
  job site  , will suffer as a result of the
suspension of all licenses. On receipt of the court's order and
notwithstanding any other law, the appropriate agencies shall
immediately suspend the licenses.
   (C) For a third or subsequent  violation,  or any
violation thereafter,  the court, in its discretion, may
order the appropriate government agencies to suspend for a period of
up to 90 days all licenses that are held by the violating party
specific to the business location or locations where the unfair
immigration-related practice occurred. In determining whether a
suspension of all licenses is appropriate, the court shall consider
whether the employer knowingly committed an unfair immigration
practice, the good faith efforts of the employer to resolve any
alleged unfair immigration related practice after receiving notice of
the violations, as well as the harm other employees of the employer,
or employees of other employers on a multiemployer  jobsite
  job site  , will suffer as a result of the
suspension of all licenses. On receipt of the court's order and
notwithstanding any other law, the appropriate agencies shall
immediately suspend the licenses.
   (3) An employee or other person who is the subject of an unfair
immigration-document practice prohibited by this section, and who
prevails in an action authorized by this section, shall recover its
reasonable attorney's fees and costs, including any expert witness
costs.
   (e) As used in this chapter:
   (1) "License" means any agency permit, certificate, approval,
registration, or charter that is required by law and that is issued
by any agency for the purposes of operating a business in this state.
"License" does not include a professional license.
   (2) "Violation" means each incident when an unfair immigration
practice was committed, without reference to the number of employees
involved in the incident.