California Labor Commissioner recovers more than $40,000 in retaliation penalties for a care facility worker
San Jose—The California Labor Commissioner’s Office (LCO) cited and recovered from Ali Baba Corp. $40,460 for workplace retaliation and labor law violations. The citations followed an investigation that found the employer unlawfully terminated a care facility worker for reporting workplace violations, such as unsafe working conditions and failing to provide required meal breaks.
What California Labor Commissioner Lilia García-Brower said: “This case progressed swiftly because Ms. Delgado knew her rights, took prompt action and courageously spoke out against unlawful working conditions. Retaliation is a serious violation of the law, and we remain firmly committed to holding employers accountable and ensuring workers receive the wages and penalties they are rightly owed.”
Jessica Delgado had worked at the mental health care facility for nearly a decade when she began to notice a sharp decline in conditions following a change in management. Bathrooms were left uncleaned; the kitchen became infested with roaches; and growing concerns regarding resident safety were ignored by the new leadership.
Concerned for the well-being of the residents, Delgado emailed management to report unsanitary conditions and safety concerns. Despite her efforts, she received no response. After several attempts to raise her concerns internally, she informed her employer of her intent to report the violations to the LCO. In response, Ali Baba Corp. suspended her and soon after terminated her employment, accusing her of making threats against the company.
Believing the termination was unjust and aware of her rights under California labor law, Delgado filed a retaliation complaint with the LCO. She also reported missed meal breaks.
“I spoke up because I believed residents deserved better and workers deserved to be treated fairly,” said Jessica Delgado. “This outcome shows that standing up for what’s right matters and that workers have protections under the law.”
Jessica Delgado holds her check from the Labor Commissioner’s Office
In November 2024, the LCO cited Ali Baba Corp. (doing business as Riviera Living) and its owner $40,000 in penalties for Delgado’s unlawful suspension and termination. When the employer failed to appeal the citations within the required timeframe, the citations became final judgments entered by the superior court.
The LCO subsequently issued bank levies and successfully recovered $40,460 - the full judgment amount plus interest - which was paid in full to Delgado.
About Workplace Retaliation
The Labor Commissioner’s Office enforces more than 45 labor laws that specifically prohibit discrimination and retaliation, including Equal Pay Act violations. The Labor Commissioner’s Office investigates workplace retaliation complaints, including instances of termination, suspension, transfer or demotion, reduction in pay or hours, disciplinary actions or threats, or unfair immigration-related practices.
About the Labor Commissioner’s Office
Within the Department of Industrial Relations, the Division of Labor Standards Enforcement (California Labor Commissioner’s Office) combats wage theft and unfair competition by investigating allegations of illegal and unfair business practices.
In 2020, the LCO launched a multi-pronged outreach campaign, “Reaching Every Californian.” The campaign amplifies basic protections and builds pathways to affected populations, so workers and employers understand legal protections and obligations, as well as the Labor Commissioner’s enforcement procedures.
Workers who have questions about labor laws enforced by the LCO can call 1-833-LCO-INFO (833-526-4636) between the hours of 8:00 a.m. to 5:00 p.m. Monday through Friday.
Californians can follow the Labor Commissioner on Facebook and X (Twitter).
Employers with Questions on Requirements May Contact: MakeItFair@dir.ca.gov
Media Contact: Communications@dir.ca.gov, (510) 286-1161