If you work in a retail store, you may be subject to mystery shopper reports that evaluate your conduct, performance, or honesty. A mystery shopper is a person who poses as a customer and secretly observes and reports on the quality of service, products, or prices of a store. A mystery shopper may be hired by your employer, a third-party company, or a competitor. However, you may not be aware of when or how you are being evaluated by a mystery shopper. You may also not have access to the mystery shopper report that contains the feedback or criticism about your work. What if you are disciplined or fired based on a mystery shopper report that you have never seen or verified? What if the mystery shopper report is inaccurate, incomplete, or biased? Will you be able to defend yourself or challenge the report? Fortunately, California law protects you from such adverse actions by your employer. In this article, we will explain your rights as a retail employee under California Labor Code Section 2930 and how we can help you if your employer violates them.
What is California Labor Code Section 2930?
California Labor Code Section 2930 is a California law that prohibits employers from disciplining or discharging their employees based on a shopping investigator’s report of the employee’s conduct, performance, or honesty when the employee was not provided with a copy of the report before the discipline or discharge. This law also entitles employees who are subject to such retaliation to appropriate legal and equitable relief.
A shopping investigator is defined as a person who is licensed under Chapter 11.3 (commencing with Section 7512) of Division 3 of the Business and Professions Code and who is employed for the purpose of obtaining information regarding the conduct, performance, or honesty of an employee.
A shopping investigator’s report is defined as any written or oral communication from a shopping investigator to an employer regarding the conduct, performance, or honesty of an employee.
What are the benefits of California Labor Code Section 2930?
California Labor Code Section 2930 provides several benefits for retail employees who are disciplined or discharged based on mystery shopper reports. These include:
- The right to receive a copy of the mystery shopper report that was used as the basis for your discipline or discharge before any action is taken against you.
- The right to challenge any mystery shopper report that is inaccurate, incomplete, or biased.
- The right to sue your employer for damages, reinstatement, attorney fees, and costs if your employer violates this law by taking any adverse action against you based on a mystery shopper report that you have not seen or verified.
- The right to report your employer’s violation of this law to the Labor Commissioner’s Office, which can investigate and enforce this law.
What are the limitations of California Labor Code Section 2930?
California Labor Code Section 2930 does not cover every situation where a retail employee may be disciplined or discharged based on a mystery shopper report. Some of the limitations of this law are:
- It does not apply to employees who work for the federal government, the state government, or any political subdivision of the state.
- It does not apply to employees who are exempt from overtime pay under the Fair Labor Standards Act (FLSA), such as executive, administrative, professional, outside sales and certain computer employees.
- It does not require employers to disclose the identity of the mystery shopper or the company that hired them.
- It does not protect employees who engage in unlawful or unethical conduct that is reported by a mystery shopper.
How can we help you if your employer violates California Labor Code Section 2930?
If you believe that your employer has violated your rights under California Labor Code Section 2930 by firing you, demoting you, reducing your pay or benefits, harassing you, or taking any other adverse action against you based on a mystery shopper report that you have not seen or verified, you should contact us at Sanford A. Kassel, A Professional Law Corporation. We are a team of experienced and dedicated attorneys who specialize in representing employees against employers for wrongful termination and retaliation. We will evaluate your case and advise you on the best course of action. We will fight for your rights and seek the compensation and justice you deserve. Call us today at (909) 884-6451.
