Page 159 - An Indispensible Resource for Being a Credible Activist

specific to the business where the unauthorized alien performed work. If the employer does
not hold a license specific to the business location where the unauthorized alien performed
work, but a license is necessary to operate the employer’s business in general, the court
shall order the appropriate agencies to permanently revoke all licenses that are held at the
employer’s primary place of business.
Minimum wage. As a result of previously enacted legislation in which the State mini-
mum wage was indexed to inflation, the minimum wage in the State was increased to $7.25
per hour on January 1, 2009.
Miscellaneous. If an employer interviews a law enforcement or probation officer and
reasonably believes that the interview could result in the dismissal, demotion, or suspen-
sion of the officer, the latter may request to have a representative present during the inter-
view at no cost to the employer. Before the interview begins, the employer shall provide the
officer with a written notice informing the officer of the specific nature of the investigation,
of all known allegations of misconduct that are the reason for the interview, and of the offi-
cer’s right to have a representative present. The employer may require the officer to submit
to a polygraph examination if the officer makes a statement to the employer during the in-
vestigation that differs from other relevant information that is known to the employer and
if reconciling that difference is necessary to complete the investigation. If a polygraph exam-
ination is administered, the employer or the person administering the examination shall
make an audio recording of the complete procedure and provide a copy of the recording to
the officer. The employer is not required to stop the interview to issue another notice for
allegations based on information provided by the employee during the interview, nor is the
employer required to disclose any fact to the employee or his or her representative that
would impede the investigation. In any appeal of a disciplinary action (that is, a dismissal,
demotion, or suspension for more than 24 hours) in which a single hearing officer or admin-
istrative law judge has been appointed to conduct the proceedings, the officer or the
employer may request a different hearing official. In cases before the office of administra-
tive hearings or when the employer is a county with a population of 250,000 or a city with
a population of 65,000 or more, the first request for an appeal shall be granted. All other
requests may be granted only upon showing that a fair and impartial hearing cannot be
obtained due to the prejudice of the official who has been assigned. The burden of proof in
an appeal of a disciplinary action by a law enforcement or probation officer shall be on the
employer.
Worker privacy. Public bodies shall maintain all records that are reasonably necessary
or appropriate to maintain an accurate knowledge of disciplinary actions involving public
officers or other employees of the public body. The records shall be open to inspection and
copying pursuant to State law, unless their inspection or disclosure is contrary to public law.
The law does not require the disclosure of the home address, the home phone number, or
a photograph of any person who is protected pursuant to State law. In any county, an eligi-
ble person may request that the general public be prohibited from accessing certain infor-
mation maintained by the county recorder, county treasurer, or county assessor, including
(1) the unique identifier and the recording date contained in indexes of recorded instru-
ments maintained by the county recorder and (2) the voting precinct number, residential
address, and phone number of the requestor. An eligible person is a peace officer, a justice,

142 The H R Toolkit