Cal. Code Regs. Tit. 2, § 10017 - Effect of Prior Waiver Agreement/Release of All Claims

(a) Where all other jurisdictional requirements have been met for filing a complaint for investigation with the department, the department shall accept a complaint where a complainant presents at intake a signed waiver agreement or release of all claims. The investigation shall initially focus on obtaining information necessary to determine whether the complainant has validly waived the complainant's right to file a complaint with the department. Such information shall include, but not be limited to:

(1) a description of all benefits received in exchange for signing the waiver;

(2) the amount of time the complainant was given to consider the waiver before signing;

(3) whether the complainant was given the opportunity to seek legal counsel before signing;

(4) whether the complainant sought legal advice before signing;

(5) the conditions under which the waiver was signed (e.g. whether the waiver was signed in a non-coercive atmosphere); and

(6) whether the waiver was presented in a language understood by the complainant and/or whether interpretative services were provided.

(b) Where a respondent produces a signed waiver agreement or release of all claims during an investigation, the department shall promptly obtain information necessary to determine whether the complainant has validly waived the complainant's right to file a complaint with the department. Such information shall include, but not be limited to, the information identified in section 10017(a) of these regulations.

(c) The department shall close any case where it has been determined that a complainant has validly waived the complainant's right to file a complaint with the department unless the department determines that:

(1) the complaint alleges an unlawful systemic policy or practice that adversely affects a large number of employees; and/or

(2) an anticipated affirmative remedy would impact a large number of employees or an entire industry in a manner consistent with the department's mission; and/or

(3) the complaint allegations address an important legal issue in an area where the department seeks to establish case law.

Notes

Cal. Code Regs. Tit. 2, § 10017

1. New section filed 9-7-2011; operative 10-7-2011 (Register 2011, No. 36).
2. Amendment of subsections (a), (b) and (c) filed 8-31-2017; operative 10-1-2017 (Register 2017, No. 35).

Note: Authority cited: Section 12930(e), Government Code. Reference: Sections 12920, 12930(f)(1) and 12960(b), Government Code.

1. New section filed 9-7-2011; operative 10-7-2011 (Register 2011, No. 36).
2. Amendment of subsections (a), (b) and (c) filed 8-31-2017; operative 10/1/2017 (Register 2017, No. 35).