1.  An employer:

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(a) Shall not require an employee to be physically present at his or her place of work in order to notify his or her employer that he or she is sick or has sustained an injury that is not work-related and cannot work.

(b) May require an employee to notify the employer that he or she is sick or injured and cannot report for work.

2.  In addition to any other remedy or penalty, the Labor Commissioner may impose against any employer or agent or representative thereof that is found to have violated any provision of this section an administrative penalty of not more than $5,000 for each such violation.

3.  If an administrative penalty is imposed pursuant to this section, the costs of the proceeding, including without limitation, investigative costs and attorney’s fees, may be recovered by the Labor Commissioner.