I - Legislative 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 … California Labor Code § 6311: Prohibits employer retaliation against employees who refuse to violate occupational safety or health law or any duty that would create a hazard to themselves or other employees during their job. What many California employers do not know about are the many more obscure requirements under the California Labor Code. California Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. Club of So. II - Executive 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. 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. Labor Code Sections 6310 & 6311. FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system. CA Labor Code § 6311 (through 2012 Leg Sess) What's This? Cal. Medical Leave. 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. Microsoft Edge. 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. Download PDF. FCC Again Rejects Net Neutrality Even as Controversy Reignites. The bureau is responsible for directing accident investigations involving violations of standards, orders, special orders, or Section 25910 of the Health and Safety Code, in which there is a serious injury to five or more employees, death, or request for prosecution by a division representative. Complaints to the Labor Commissioner by employees are most likely to involve wage and hour law violations, such as an … Chapter 1 - JURISDICTION AND DUTIES. seq. Georgia III - Judicial Get full details of Cal. Lab. Fortunately for workers there are a few situations in which that is the case. 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 Part 1 - OCCUPATIONAL SAFETY AND HEALTH. Internet Explorer 11 is no longer supported. An employer’s violation of this provision in the Labor Code constitutes a misdemeanor and is subject to criminal penalties under California’s Penal Code. Code § 6312 . (Compl. 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. 11. 1985, Ch. Download PDF. No employee shall be laid off or discharged for refusing to perform work in the performance of which this code, including Are We Opening a Pandora's Box in Criticizing Law Firms Challenging the 2020 Election? 2009 California Codes > 2009 California Labor Code 6311. But Labor Code §§ 6310, 6311, and 6399.7, Cal California state laws including the Business and Profession Code, Civil Code, Code of Civil Procedure, Commercial Code, Corporations Code, Education Code, Evidence Code, Family Code, Fish and Game Code, Health and Safety Code, Insurance Code, Labor Code, Penal Code, Probate Code, Revenue and Taxation Code and Vehicle Code. Refreshed: 2018-05-15 The California Labor Code (Section 6311) allows you to refuse to perform unsafe work as long as it is a violation of a Cal/OSHA standard or Labor Code provision and is hazardous enough that any reasonable person would think his/her health or safety would be in danger by doing the work. ), Alabama Tameny Claim: In California, employees may bring a common law claim for retaliation or a Tameny claim. Code § 6310(a)(1). Plaintiff-side labor and employment attorneys have not picked up on this avenue yet. Labor Code section 98.7, subdivision (a) similarly provides that any employee who believes she has been discharged or discriminated against in violation of any law under the jurisdiction of the Labor Commissioner may file a complaint. These claims are popular because they retroactively convert an employee who makes a run … Refused to work when the work would violate the Labor Code, any occupational safety or health standard, or any safety order, and that violation would create a real and apparent hazard to you or co-workers. Lab. ¶¶ 15–16.) For more detailed codes research information, including annotations and citations, please visit Westlaw. Serious … problem [ and ] would be addressed. as of: 2009 Check... With the National Labor Relations Act and the Fair Labor Standards Act CHAPTER.. Including annotations and citations, please visit Westlaw Pay Act, Title VII, … Labor & Workforce Agency... 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