An Administrator's Guide to California Private School Law

Chapter 7 - Recognizing And Preventing Harassment, Discrimination And Retaliation

or her wages or discloses information about the employer’s working conditions. 813 Employers are also prohibited form requiring, as a condition of employment, that employees refrain from disclosing the amount of his or her wages or information about the employer’s working conditions. 814 C. R EMEDIES The remedies available under California law in wage disputes include wages due and owing, whether they be for base pay, overtime or minimum wage; other forms of compensation such as commissions, bonuses, benefits and vacation pay; penalties; liquidated damages; restitution; interest; attorney fees and costs; and injunctive and declaratory relief. 815 D. C RIMINAL P ENALTIES Numerous Labor Code sections also impose criminal penalties relating to wage claims. Examples include the following:  Labor Code §215 relating to the time and manner of payment of wages and pay day notices;

 Labor Code §225 relating to unlawful withholding or reduction of wages;  Labor Code §226.6 relating to itemized wage and deduction statements; and  Labor Code §227 relating to benefit payments.

The mere failure to pay wages will not, by itself, subject the school to criminal sanctions. However, an “employer who knows that wages are due, has the ability to pay them, and still refuses to pay them” may be subject to a misdemeanor crime. 816

C HAPTER 7 - R ECOGNIZING A ND P REVENTING H ARASSMENT , D ISCRIMINATION A ND R ETALIATION I NTRODUCTION Harassment, discrimination, and retaliation can have a profoundly negative impact on both the educational and work environments. They can lower morale, impair job and educational performance, and undermine the community’s confidence in your school. The cost – in terms of time, money, potential liability, and reputation – can be significant as well. This chapter will provide a summary of the federal and state anti-discrimination laws that apply to California schools, as well as practical guidance to try to avoid claims. Section 1

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