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Your Legal Corner - Client Alert Blog

California Employers Must Proceed Cautiously if an Employee Questions his/her Wages

Written By: Melissa C. Marsh, Esq., California Attorney, October 2013 Add to Favorites
California Labor Code 98.6 prohibits employers from retaliating against any job applicant, or employee, because he or she has engaged in protected conduct. California Labor Code 98.6 further provides that if a court finds that the employer retaliated against an employee for engaging in protected conduct, the employee shall be entitled to reinstatement and reimbursement of lost wages.

Effective January 1, 2014, AB 263 amends California Labor Code 98.6 to specifically provide: (1) that written and oral complaints regarding potentially owed wages (including overtime) and providing information to, or testifying before, any public body conducting an investigation, hearing, or inquiry constitutes "protected conduct" for purposes of the prohibition on retaliation; and (2) it creates a rebuttable presumption that adverse action taken against an employee within 90 days of such protected conduct is presumed retaliatory unless the employer can prove otherwise. If an employer is found to have retaliated against an employee for engaging in "protected conduct," pursuant to Labor Code 98.7, the employer may be fined a civil penalty of up to $10,000 for each violation of this section.

AB 263 also adds 1019 to the California Labor Code, to set forth specific examples of unfair and unlawful immigration-related practices, which now include requesting any document beyond that which is required under the federal I-9 regulations; refusing to honor documents that appear genuine on their face; using the federal E-verify program to check authorization status of a person at a time, or in a manner, that is not required or authorized under E-verify, and threatening to file a false police report.

Posted In: Employment Law News 

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Disclaimer: The information presented on this web site was prepared by Melissa C. Marsh for general informational purposes only and does not constitute legal advice. The information provided in my articles and alerts should not be relied upon, or used as a substitute for professional legal advice from an attorney you retain to advise or represent you. Your use of this Internet site does not create an attorney- client relationship. Transmission of this article is not intended to create, and receipt of it does not constitute, an attorney-client relationship. All uses of the contents of this site, other than personal uses, are prohibited. You may print or email a copy of any information posted on this web site for your own personal, non-commercial, use, but you may not publish any of the articles or posts on this web site without the Express Written Permission of Melissa C. Marsh.

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Located in Los Angeles, California, the Law Office of Melissa C. Marsh handles business law and corporation law matters as a lawyer for clients throughout Los Angeles including Burbank, Sherman Oaks, Studio City, Valley Village, North Hollywood, Woodland Hills, Hollywood, West LA as well as Riverside County, San Fernando, Ventura County, and Santa Clarita. Attorney Melissa C. Marsh has considerable experience handling business matters both nationally and internationally. We routinely assist our clients with incorporation, forming a California corporation, forming a California llc, partnership, annual minutes, shareholder meetings, director meetings, getting a taxpayer ID number (EIN), buying a business, selling a business, commercial lease review, employee disputes, independent contractors, construction, and personal matters such as preparing a will, living trust, power of attorney, health care directive, and more.