SECTIONS 2930 - California Statutes

LABOR CODE

SECTION 2930

2930. (a) Any employer who disciplines or discharges an employee on
the basis of a shopping investigator's report of the employee's
conduct, performance, or honesty performed by a person licensed
pursuant to Chapter 11 (commencing with Section 7500) of Division 3
of the Business and Professions Code shall provide the employee with
a copy of the investigation report prior to discharging or
disciplining the employee. Where an interview occurs which might
result in the termination of an employee for dishonesty, the employee
shall be handed a copy of the latest investigation report on which
the interview was based during the course of the interview prior to
its conclusion. This section shall not be applicable if the licensee
conducting the investigation is employed exclusively and regularly by
one employer in connection with the affairs of only that employer
and where there exists an employer-employee relationship and the
entire investigation is conducted solely for such employer by such
licensee.
(b) For purposes of this section, a "shopping investigator" is a
person who: shops in commercial, retail, and service establishments
to test integrity of sales, warehouse, stockroom, and service
personnel, and evaluates sales techniques and services rendered
customers; reviews an establishment's policies and standards to
ascertain employee performance requirements; buys merchandise, orders
food, or utilizes services to evaluate sales technique and courtesy
of employees, carries merchandise to check stand or sales counter and
observes employees during sales transaction to detect irregularities
in listing or calling prices, itemizing merchandise, or handling
cash; or delivers purchases to an agency conducting shopping
investigation service; and, following any one or more of the above
activities, writes a report of investigations for each establishment
visited.