Calif. Business and Professions Code §494.4; Labor Code §§98.6, 1102.5 and 244
Added and amended by S.B. 666
Effective date: January 1, 2014

A real estate licensee, among other professional licensees under agencies within the California Department of Consumer Affairs (DOA), is subject to discipline by their licensing agency if they report or threaten to report the immigration status of a current, former or prospective employee or family member in retaliation for the employee’s exercise of protected conduct.

Protected conduct by an employee is expanded to include:

  • written or oral complaints made for unpaid wages; and
  • providing information to a person who has authority over the employee, another employee who has the authority to correct a violation or a public body conducting an investigation.

Any employer who retaliates against an employee for the employee’s protected conduct is subject to a penalty of up to $10,000 per employee for each violation. An employee who has been retaliated against is entitled to reimbursement for lost wages and benefits.