California Labor Code Section 98
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Labor code section 98 states in part.
California labor code section 98. Labor code 98 a. Labor code 98 6 lc wage hour and other labor violation reports. By anthony zaller on july 31 2020.
For more detailed codes research information including annotations and citations please visit westlaw. Posted in best practices for california employers. The labor commissioner shall enforce this article including investigating an alleged violation and ordering appropriate temporary relief to mitigate the violation or to maintain the status quo pending the completion of a full investigation or hearing through the procedures set forth in sections 98 98 3 98 7 98 74 or 1197 1.
Within 30 days of the filing of the complaint the labor commissioner shall notify the parties as to whether a hearing will be held whether action will be taken in accordance with section 98 3 or whether no further action will be taken on the complaint. Labor code section 96 k protects an employee from loss of wages as a result of a failure to hire demotion suspension or discharge from employment because the employee engaged in lawful conduct asserting recognized constitutional rights occurring during nonworking hours away from the employer s premises. 3 as amended california labor code section 248 5 a reads.
Labor code section 98 6. Employers need to prepare and plan on how to defend claims brought before the california labor commissioner. California labor code 98 6 lc is a whistleblower protection statute that provides protection specifically for employees who report labor code violations to the california labor commissioner.
A copy of the appeal request shall be served upon the labor commissioner by the appellant. Read this complete california code labor code lab 98 on westlaw findlaw codes are provided courtesy of thomson reuters westlaw the industry leading online legal research system. Ca labor code 98 2017 a the labor commissioner is authorized to investigate employee complaints.
The labor commissioner may provide for a hearing in any action to recover wages penalties and other demands for compensation including liquidated damages if the complaint alleges payment of a wage less than the minimum wage fixed by an order of the industrial welfare commission or by statute properly before. Subscribe to labor code section 98 a five issues employers must understand about the labor commissioner hearing process. The fee shall be distributed as provided in section 68085 3 of the government code.
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