Opinion No. (2000)

BILL LOCKYER Attorney General ROBERT L. MUKAI Deputy Attorney General THE HONORABLE RICHARD K. RAINEY, MEMBER OF THE STATE SENATE, has requested an opinion on the following question: Did the recent amendment of Labor Code section 96 , which requires the Labor Commissioner to take assignments of claims for loss of wages as the result of demotion, suspension, or discharge from employment for lawful conduct occurring during non-working hours, abrogate existing law that permits the disciplining of peace officers for off-duty conduct occurring away from their place of employment that is otherwise lawful but conflicts with their duties as peace officers? CONCLUSION The recent amendment of Labor Code section 96 , which requires the Labor Commissioner to take assignments of claims for loss of wages as the result of demotion, suspension, or discharge from employment for lawful conduct occurring during non-working hours, did not abrogate existing law that permits the disciplining of peace officers for off-duty conduct occurring away from their place of employment that is otherwise lawful but conflicts with their duties as peace officers. ANALYSIS The Division of Labor Standards Enforcement…