California Labor Code § 1137

Labor Code
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(a) This chapter shall be known, and may be cited, as the “California Worker Freedom from Employer Intimidation Act.” (b) As used in this section, the following definitions apply: (1) “Employee” means any individual who performs services for and under the control and direction of an employer for wages or other remuneration. (2) “Employer” means any individual, partnership, association, corporation, or any agent, representative, designee, or person or group of persons acting directly or indirectly on behalf of or in the interest of an employer with the employer’s consent and shall include all branches of state government, or the several counties, cities and counties, and municipalities thereof, or any other political subdivision of the state, or a school district, or any special district, or any authority, commission, or board or any other agency or instrumentality thereof. (3) “Political matters” means matters relating to elections for political office, political parties, legislation, regulation, and the decision to join or support any political party or political or labor organization. (4) “Religious matters” means matters relating to religious affiliation and practice and the decision to join or support any religious organization or association. (c) An employer, except as provided in subdivisions (g) and (h), shall not subject, or threaten to subject, an employee to discharge, discrimination, retaliation, or any other adverse action because the employee declines to attend an employer-sponsored meeting or affirmatively declines to participate in, receive, or listen to any communications with the employer or its agents or representatives, the purpose of which is to communicate the employer’s opinion about religious or political matters. An employee who is working at the time of the meeting and elects not to attend a meeting described in this subdivision shall continue to be paid while the meeting is held. (d) In addition to any other remedy, an employer who violates this section shall be subject to a civil penalty of five hundred dollars ($500) per employee for each violation. (e) The Labor Commissioner may enforce this section, 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. (f) (1) Alternatively to subdivision (e), any employee who has suffered a violation of subdivision (c) may bring a civil action in a court of competent jurisdiction for damages caused by that adverse action, including punitive damages. (2) In any civil action brought pursuant to paragraph (1), an employee or their exclusive representative may petition the superior court in any county wherein the violation in question is alleged to have occurred, or wherein the person resides or transacts business, for appropriate temporary or preliminary injunctive relief. (g) This section does not prohibit any of the following: (1) An employer from communicating to its employees any information that the employer is required by law to communicate, but only to the extent of that legal requirement. (2) An employer from communicating to its employees any information that is necessary for those employees to perform their job duties. (3) An institution of higher education, or any agent, representative, or designee of that institution, from meeting with or participating in any communications with its employees that are part of coursework, any symposia, or an academic program at that institution. (4) An emp

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