![]() ![]() Investigation of the ComplaintĪfter the complaint has been accepted for investigation, the employee, former employee, or job applicant will be contacted by a Deputy Labor Commissioner in the Retaliation Complaint Investigation Unit. If it is determined that the Labor Commissioner has jurisdiction, the complaint will be accepted for investigation. Review of the ComplaintĪfter the complaint is filed, it will be reviewed and preliminary information will be gathered to determine whether the Labor Commissioner has jurisdiction over the issues raised. When a form is filled in online, the form is automatically submitted to the Labor Commissioner's Office after the Submit button is successfully clicked on the last page of the online form. The form can also be filed by mailing it to either of following locations: The retaliation complaint form (RCI 1) can be filed in person at any local Labor Commissioner's Office. However, a retaliation complaint alleging that a worker was punished for asking about a lower rate of pay must be filed within one year.Īdditionally, any employee, former employee, or job applicant who alleges retaliation for having complained about a workplace health or safety issue has a separate right to file a concurrent complaint with federal OSHA within 30 days of the adverse action. A complaint alleging retaliation against a minor must be filed within the applicable period, but the start of that period is delayed until the minor is 18 years old ( Labor Code section 1311.5).Ī pay disparity complaint alleging that a worker was paid less for substantially similar work than an employee of the opposite sex, or another race or ethnicity ( Labor Code section 1197.5) must be filed within two years of the alleged violation or within three years of a willful violation. A complaint alleging retaliation for complaining about a violation of licensing regulations or other laws related to child day care facilities ( Health and Safety Code Section 1596.881) must be filed within 90 days after the adverse action. There are a few exceptions to the one year deadline. In most cases, an employee, former employee, or job applicant alleging retaliation under a law within the jurisdiction of the Labor Commissioner must file the complaint with the Labor Commissioner's Office within one year of the adverse action. Do not submit original documents, retain the originals for your records. ![]() ![]() Copies of any supporting documents may be submitted as attachments, but cannot be used instead of a completing the complaint form. When preparing a complaint, enter all of the information that is requested on the form in the spaces provided. The paper form may be obtained by calling or visiting any Labor Commissioner's Office or it can be downloaded. ![]() The retaliation complaint form can be completed and filed on-line at: or a paper form (RCI 1) may be used to prepare a retaliation complaint. Adverse actions may include such things as discharge, demotion, suspension, reduction in pay or hours, refusal to hire or promote, immigration related threats, and other adverse employment actions. Retaliation occurs when an employee engages in an activity protected by law and then suffers an adverse employment action as a result of that protected activity. This requirement applies to employees as well as employers. In the event your address or contact information changes during the investigation it is important that you notify our office. A summary of procedures used by the Labor Commissioner's Office to investigate complaints under Labor Code section 98.7 is described below. The Labor Commissioner's Office is also known as the Division of Labor Standards Enforcement or DLSE. Retaliation and Discrimination Complaints Summary of ProceduresĮmployees, former employees, and applicants for employment who suffer retaliation or discrimination by their employer because they engaged in an activity protected by a law under the jurisdiction of the Labor Commissioner may file a complaint with the Labor Commissioner's Office. ![]()
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