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Governor Signs Bill Clarifying Protections Against Retaliation in the Workplace

Assemblymember Roger Hernández announces AB 2751 was signed over the weekend. This measure makes a number of clarifying and clean-up changes to AB 263 (Employment retaliation: immigration-related practices) signed into law last year.
“I want to thank Governor Brown for his continued support of workers’ rights. Last year, Governor Brown signed my bill AB 263 where employers are prohibited from using immigration status against workers who exercise their rights under the California Labor Code or local ordinances. This year, AB 2751 makes a number of clarifying changes to AB 263 to continue protecting workers against intimidation by any employer,” said Hernández.
AB 2751 makes it unlawful for any employer to threatened or file a false report with any state or federal agency. Also, the $10,000 civil penalty enacted in AB 263 is to be paid directly to the aggrieved worker who filed the claim.
Last year, AB 263 was signed into law which allows a civil action by an employee or other person who is the subject of an unfair immigration-related practice, and would authorize a court to order a suspension of the business license for up to 14 days of a person who violates these provisions for a first violation, up to 30 days for a second violation, and up to 90 days for a third or subsequent violation. This bill also protects against retaliatory practices such as an employer to e-verify a worker, or even re-verify the worker. Immigrant workers are more likely to experience wage and work hour law violations. Approximately 76 percent of immigrant workers worked off the clock without pay, while over 85 percent did not receive overtime pay.

July 3, 2014

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