Liu

I. BACKGROUND

A. Section 98.7 “Any person who believes that he or she has been discharged or otherwise discriminated against in violation of any law under the jurisdiction of the Labor Commissioner may file a complaint with the [Department].” (§ 98.7, subd. (a).) The Department must assign the complaint to a discrimination complaint investigator, who 1 Undesignated statutory references are to the Labor Code.

1 then submits a report to the Labor Commissioner, including the statements and documents obtained in the investigation, and the findings of the investigator concerning whether a violation occurred. “The investigation shall include, where appropriate, interviews with the complainant, respondent, and any witnesses who may have information concerning the alleged violation, and a review of any documents that may be relevant to the disposition of the complaint.” (Id., subd. (b).) The Department may hold an investigative hearing “whenever the Labor Commissioner determines, after review of the investigation report, that a hearing is necessary to fully establish the facts.” (Ibid.) If the Department determines a violation has occurred, it may “direct the respondent to…