6.). What many California employers do not know about are the many more obscure requirements under the California Labor Code. © 2020 LawServer Online, Inc. All rights reserved. And regardless of how small or incidental, every rule can lead to a violation. In addition, California Labor Code § 6311, which prohibits employers from retaliating against employees for refusing to perform work that would result in the violation of … Labor Code §6311 Protects against lay off or discharge: vRefusing to perform work which would violate the Labor Code, including §6400, an occupational safety or health code, standard or order, where the violation would create a real and apparent hazard to the employee or his or her fellow employees show good Reimbursement for 11. Terms Used In California Labor Code 6310. Further, an employer may not retaliate against an employee for refusing to perform work under conditions in which the violate the health and safety laws. Nor are they required to proceed before the Labor Commissioner. Division: means the Division of Occupational Safety and Health.See California Public Utilities Code 99234.1; Standards board: means the Occupational Safety and Health Standards Board, within the department.See California Public Utilities Code 99234.1; Violation: includes a failure to comply with any requirement of the code. Labor Code section 6311. Department of Human Resources (2019) 7 Cal.5th 718, the California Supreme Court agreed with the oft-cited maxim that provisions of the California Labor Code in general do not apply to public employees unless they specifically say that they do. A favorite trick in the wrongful-termination plaintiff's playbook is a claim under Labor Code sections 1102.5 or 6310, which both prohibit employer retaliation against employees who have complained to certain government agencies about employer conduct the employee believed to be unlawful. California Labor Code § 6311, which prohibits employers from retaliating against employees for refusing to perform work that would result in the violation of any occupational safety or health law and would “create a real and apparent hazard to the employee or his or her fellow employees.” Cal. Location:https://california.public.law/codes/ca_lab_code_section_6311. Universal Citation: CA Labor Code § 6311 (through 2012 Leg Sess) No employee shall be laid off or discharged for refusing to perform work in the performance of which this code, including Section 6400, any occupational safety or health standard or any safety order of the division or standards board will be violated, where the violation would create a real and apparent hazard to the employee or … Lab. Section 6311. Taking time off to serve on a jury if the employee gave the employer reasonable notice for the leave. Sec. ; Division: means the Division of Occupational Safety and Health.See California Public Utilities Code 99234.1 Labor Code section 6310 and 6311 exclude, however, employees who perform household domestic service that is publicly funded. entre­pre­neurship, we’re lowering the cost of legal services and Lab. MacDonald's supervisor responded that "these smoking issues were a serious … problem [and] would be addressed." Cabesuela, 8 Cal.App.4th at 109. Labor Code Sections 6310 & 6311. Labor Code §230(a). Defendant State of California employed MacDonald in an office. DIVISION 5. Miscellaneous Conduct: An employee may not be discharged (or discriminated against) in retaliation for engaging in certain conduct specified in certain portions of the California Labor Code, among them: Engaging in lawful conduct occurring during nonworking hours away from the employer's premises This statute was enacted to protect employees from wrongful termination in retaliation for employee complaints about health and safety in the workplace. The California Labor Code (Section 6311) allows you to refuse to perform unsafe work as long as it is hazardous enough that any reasonable person would think his/her health or safety would be in danger by doing the work. MacDonald complained to his supervisors that a supervisor was "illegally and/or inappropriately smoking" at the office. Labor Code 6310 LC – occupational health and safety reports. SAFETY IN EMPLOYMENT [6300 - 9104] ... of Chapter 1 of Division 1 of Title 8 of the California Code of Regulations, or exercised any other rights protected by the federal Occupational Safety and Health Act (29 U.S.C. California Labor Code. No employer may do any of the following: (a) Require, as a condition of employment, that an employee refrain from disclosing the amount of his or her wages. CA Labor Code § 6311 (2017) No employee shall be laid off or discharged for refusing to perform work in the performance of which this code, including Section 6400, any occupational safety or health standard or any safety order of the division or standards board will be violated, where the violation would create a real and apparent hazard to the employee or … Any employee who is laid off or discharged in violation of this section or is otherwise not paid because he or she refused to perform work in the performance of which this code, any occupational safety or health standard or any safety order of the division or standards board will be violated and where the violation would create a real and apparent hazard to the employee or his or her fellow employees shall have a … Labor Code §1101. Labor Code section 98.7, subdivision (a) similarly provides that any employee who believes she has been discharged or discriminated against in … Where there is no authorized employee representative, the chief or his or her authorized representatives shall consult with a reasonable number of employees concerning matters … 6311. for non-profit, educational, and government users. Labor Code sections 6310 and 6311 protect employees against unsafe working conditions and retaliation by employers against employees for complaining against any such conditions. Cal. Labor Code Sections 6310 & 6311. Similarly, Labor Code 6310 LC prohibits whistleblower retaliation against employees who report violations of occupational health and safety rules to the California Division of Occupational Safety and Health (Cal/OSHA). (last ac­cessed Jun. The following are some examples of work that would likely create a risk of serious injury: No employee shall be laid off or discharged for refusing to perform work in the performance of which this code, including Section 6400, any occupational safety or health standard or any safety order of the division or standards board will be violated, where the violation would create a real and apparent hazard to the employee or his or her fellow employees. The California Labor Code (Section 6311) allows you to refuse to perform unsafe work as long as it is hazardous enough that any reasonable person would think his/her health or safety would be in danger by doing the work. These claims are popular because they retroactively convert an employee who makes a run … CA Labor Code § 6310 (2017) (a) No person shall discharge or in any manner discriminate against any employee because the employee has done any of the following: (1) Made any oral or written complaint to the division, other governmental agencies having statutory responsibility for or assisting the division with reference to employee safety or health, his or … The California Occupational Safety and Health Act of 1973 is hereby enacted for the purpose of assuring safe and healthful working conditions for all California working men and women by authorizing the enforcement of effective standards, assisting and encouraging employers … Labor Code Section 6311 prohibits an employer from discharging an employee who refuses to perform work that violates California’s health and safety laws where the violation would create a real and apparent hazard to the employee or the employee’s coworkers. Id. LawServer is for purposes of information only and is no substitute for legal advice. No employee shall be laid off or discharged for refusing to perform work in the performance of which this code, including Section 6400, any occupational safety or health standard or any safety order of the division or standards board will be violated, where the violation would create a real and apparent hazard to the employee or his or her … The following are some examples of work that would likely create a risk of serious injury: Labor Code - LAB. The law says an employee who is asked to do something dangerous can refuse that work if: • The employee knows or believes that doing the work creates a “real and 6, 2016). Cal. Labor Code section 6312 states that an employee who believes she has been discharged or discriminated against in violation of Labor Code section 6310 may file a complaint with the Labor Commissioner pursuant to Labor Code section 98.7. Labor Code 6310 LC – occupational health and safety reports. 2005 California Labor Code Sections 6300-6332 CHAPTER 1. Cal. California has two statutes, Labor Code sections 232 and 232.5, that protect the rights of employees to disclose information about their compensation or working conditions.The first, Labor Code section 232, was enacted in 1984, provides:. California Labor Code Section 6311. California public policy supports the safety and well-being of employees in their place of work. Sec. To this end, the California legislature passed California Labor Code section 6310. Labor Code … Section 6311 of the California Labor Code permits employees to refuse to work because of an unsafe workplace condition if and only if: The condition violates a provision of the Labor Code … Workers’ compensation: An employer many not retaliate against an employee for filing a workers’ compensation claim. The protection exists only when both of the following conditions are met: A worker refuses to perform work because of a violation of a Labor Code section … Of how small or incidental, every rule can lead to a violation section 6399.7 Defendant State California. Against an employee for filing a workers ’ compensation claim, educational, and Government Code 7597! Complained to his supervisors that a supervisor was `` illegally and/or inappropriately smoking '' at the.. Of California employed MacDonald in an office services and increasing citizen access:. To a violation services and increasing citizen access for more detailed codes research information including! Research information, including annotations and citations, please visit Westlaw under the California legislature passed labor. Time off to serve on a jury if the employee gave the employer reasonable for! Of employees in their place of work lead to a violation of California employed MacDonald in an office 6311 https... 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