And regardless of how small or incidental, every rule can lead to a violation. 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 … Cabesuela, 8 Cal.App.4th at 109. (Amended by Stats. 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 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. 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 right of action for wages for the time the employee is without work as a result of the layoff or discharge. Defendant terminated MacDonald's empl… 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 … Cal. What many California employers do not know about are the many more obscure requirements under the California Labor Code. This statute was enacted to protect employees from wrongful termination in retaliation for employee complaints about health and safety in the workplace. Labor Code section 6311. for non-profit, educational, and government users. Section 6311. 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:. increasing citizen access. Through social 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. Lab. Code § 6310(a)(1). 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). Appeals board: means the Occupational Safety and Health Appeals Board, within the department.See California Public Utilities Code 99234.1; Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Labor Code sections 6310 and 6311 protect employees against unsafe working conditions and retaliation by employers against employees for complaining against any such conditions. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB§ionNum=6311. What many California employers do not know about are the many more obscure requirements under the California Labor Code. MacDonald complained to his supervisors that a supervisor was "illegally and/or inappropriately smoking" at the office. 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 … Where the employee was the victim of a crime, taking time off to appear in court to comply with a subpoena or court order as a witness in a judicial proceeding. Original Source: Labor Code section 6311 provides limited protection for workers who refuse to work because of an unsafe condition in their workplace. California public policy supports the safety and well-being of employees in their place of work. Terms Used In California Labor Code 6310. 6.). Rather, they have a direct right of action and can file their claims in court. 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. JURISDICTION AND DUTIES LABOR CODE SECTION 6300-6332 6300. 1479, Sec. 11. Cal. 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. Terms Used In California Labor Code 6311. 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.” 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 … Their place of work that would likely create a risk of serious injury: labor Sections! Cost of legal services and increasing citizen access these smoking issues were a serious problem! Health and safety reports lawserver is for purposes of information only and is no for! 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