Similar to LC 98.6, Labor Code 6310 LC offers whistleblower protection to employees who report to the California Division of Occupational Safety and Health (Cal/OSHA) for employer violation of occupational and safety rules. If your employer violates Labor Code 98.6 or 6310 by retaliating against you for reporting labor or occupational health/safety law violations, then you may also file a complaint about this whistleblower retaliation with the California Labor Commissioner. It is a violation of Labor Code section 1102.5 to dismiss an employee for filing a lawsuit or a PERB charge. Labor Code - LAB. All that matters is that the employee reasonably believes that a violation of law occurred. The Cardenas employer attempted to make this same argument on the Labor Code section 1102.5 claim. Fighting to protect the rights of employees in Los Angeles and throughout the region, The Cowan Law Firm will help you obtain the compensation that you deserve. Fortunately, California law protects workers from employer retaliation for reporting unsafe working conditions, including workplace violence, threatening behavior, and dangerous conditions. It is a violation of Labor Code section 1102.5 to dismiss an employee for filing a lawsuit or a PERB charge. Labor Code Sections 6310 & 6311. 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 his or her fellow employees. CHAPTER 1. In addition, labor code 6310 prohibits an employer from firing a worker who “participated in a occupational health and safety committee.” The labor code § 6310 also states that an employer who refuses to rehire an employee after discharging them for engaging in osha whistleblower activity is guilty of a misdemeanor. An employer retaliates against an employee for reporting wage and hour violations may be liable for a civil penalty of up to $10,000 per employee for each violation. Examples of employer retaliation may include: It is not necessarily simple to determine if the employer is retaliating against an employee for reporting labor code violations. (b) Definitions. Section 6312 states that an employee may file a claim with the California Labor Commissioner under 98.7 if he or she alleges unlawful discrimination under 6310 or 6311. The trial court agreed and sustained the demurrer, dismissing the case with prejudice. 1937, Ch. This includes disclosing information to a government agency, or person with authority to investigate, discover, or correct the violation or non-compliance. Thank you for contacting us. All that matters is that the employee reasonably believes that a violation of law occurred. Although the District did not qualify under Labor Code Section 220(b)’s exemption for a … These laws are found in the California Labor Code, the California Government Code and the California Health and Safety Code. Employers that are sued for violations of these sections should determine whether the employee has filed a claim with the Labor Commissioner within six months of the termination. Read this complete California Code, Labor Code - LAB § 6311 on Westlaw FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system . Los Angeles’ best lawyers have honored Jeffrey W. Cowan by giving him Martindale-Hubbell’s “AV” rated “Preeminent Attorney” rating (awarded to only the top 5% of the profession) every year since 2002, and supporting his selection as a Southern California Super Lawyer since 2007. This Decree shall be known as the "Labor Code of the Philippines… Employees who fail to file a claim first with the Labor Commissioner within six months of an adverse employment action (such as a termination) can never succeed on a whistleblower claim under section 1102.5 or 6310. Participating in an OSHA committee; and. California Labor Code § 6311, which prohibits employers from retaliating against employees for refusing to perform work that would result in the violation … Please be advised, however, that the act of sending electronic mail to Sirmabekian Law Firm, or a specific attorney, does not alone create an attorney-client relationship. Code, § 6310 (b).) We will get back to you shortly. Employers cannot retaliate against any employee for disclosing information related to such an investigation, hearing, or inquiry. We will neither accept requests for legal advice nor offer specific legal advice over the Internet. It prohibits termination from employment of Private employees except for just or authorized causes as prescribed in Article 282 to 284 of the Code. The Labor Commission investigates the complaint and talks to Michael. that there must be an actual health or safety violation or only that the employee. California has strong whistleblower statutes that protect employees who report illegal conduct or safety violations in the workplace. Labor Code 98.6 or 6310: skip the complaint, go straight to suing On the other hand, if your California employer violated the whistleblower protections of Labor Code 98.6 or 6310 (retaliation against an employee for complaining about labor or occupational health/safety law violations), then you are not required to file a complaint with a state agency prior to suing your employer. This complete list is found in Labor Code … (a) An employer, or any person acting on behalf of the employer, shall not make, adopt, or enforce any rule, regulation, or policy preventing an employee from disclosing information to a government or law enforcement agency, to a person with authority over the employee, or to another employee who has authority to investigate, discover, or correct the violation or noncompliance, or from providing … (b) Definitions. Proskauer Rose LLP Harold Brody January 14, 2015. The statute of limitations for a Labor Code Section 6310 retaliation claim is three years. 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