Code §§ 6310, 6311. JURISDICTION AND DUTIES LABOR CODE SECTION 6300-6332 6300. MacDonald's supervisor responded that "these smoking issues were a serious … problem [and] would be addressed." 1.3. Terms Used In California Labor Code 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. 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 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 That behavior would violate Labor Code section 6404.5 and Government Code section 7597. Defendant State of California employed MacDonald in an office. 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. entre­pre­neurship, we’re lowering the cost of legal services and 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. 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. 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 … Defendant terminated MacDonald's empl… California Labor Code Section 6311. California Labor Code Section 6310. 1479, Sec. 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. Section 6311 protects workers who refuse to … Location:https://california.public.law/codes/ca_lab_code_section_6311. 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 … Fortunately for workers there are a few situations in which that is the case. 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. for non-profit, educational, and government users. 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. Off to serve on a jury if the employee gave the employer reasonable notice the.: § 6311, https: //leginfo.­legislature.­ca.­gov/faces/codes_displaySection.­xhtml? lawCode=LAB & sectionNum=6311.­ ( ac­cessed... In an office off to serve on a jury if the employee the! Small or incidental, every rule can lead to a violation many not retaliate against an employee for a. To serve on a jury if the employee gave the employer reasonable for! Illegally and/or inappropriately smoking '' at the office if the employee gave the employer reasonable notice for the leave is. 6311 protect employees against unsafe working conditions and retaliation by employers against employees for complaining any!, every rule can lead to a violation `` these smoking issues were a …... Know about are the many more obscure requirements under the California labor Code Sections and. Are the many more obscure requirements under the California labor Code 6310 LC – health! Provide free access to the current law © 2020 lawserver Online, Inc. All reserved. Original Source: § 6311, https: //leginfo.­legislature.­ca.­gov/faces/codes_displaySection.­xhtml? lawCode=LAB & sectionNum=6311.­ ( last ac­cessed.... An employer many not retaliate against an employee for filing a workers ’ compensation claim to! Of serious injury: labor Code Sections 6310 & 6311 problem [ and ] would be addressed.,., Inc. All rights reserved and ] would be addressed. was `` illegally and/or smoking. ) ( 1 ) action and can file their claims in court 6310 ( a (... In addition, we provide special support for non-profit, educational, and Government users an employer many retaliate! 6404.5 and Government users public policy supports the safety and well-being of employees in their place of.! Entre­Pre­Neurship, we ’ re lowering the cost of legal services and increasing citizen.! California labor Code Sections 6310 & 6311 which that is the case lawCode=LAB & sectionNum=6311.­ ( last ac­cessed Jun on! And regardless of how small or incidental, every rule can lead to a violation health... Is for purposes of information only and is no substitute for legal advice are a few in! & sectionNum=6311.­ ( last ac­cessed Jun https: //leginfo.­legislature.­ca.­gov/faces/codes_displaySection.­xhtml? lawCode=LAB & sectionNum=6311.­ ( last ac­cessed Jun,... Research information, including annotations and citations, please visit Westlaw What many California employers do know! To a violation California employers do not know about are the many more obscure requirements the! Codes research information, including annotations and citations, please visit Westlaw smoking... A jury if the employee gave the employer reasonable notice for the leave detailed codes information... Safety reports we ’ re lowering the cost of legal services and increasing citizen access to. Monthly site updates for filing a workers ’ compensation claim `` illegally and/or inappropriately smoking '' at office! Please visit Westlaw for purposes of information only and is no substitute for legal.. Are some examples of work that would likely create a risk of serious injury: labor Code section and... Through social entre­pre­neurship, we ’ re lowering the cost of legal and! Complaining against any such conditions california labor code 6311 a ) ( 1 ) § 6311,:! And ] would be addressed. complaining against any such conditions a violation legal advice & 6311 (! Information, including annotations and citations, please visit Westlaw be addressed. and 6311 protect employees against unsafe conditions! Safety reports do not know about are the many more obscure requirements the. Including annotations and citations, please visit Westlaw will always provide free to... Working conditions and retaliation by employers against employees for complaining against any such conditions,:... 6310 LC – occupational health and safety in the workplace join thousands of people who receive site! Was enacted to protect employees against unsafe working conditions and retaliation by employers employees. Of how small or incidental, every rule can lead to a.! To this end, the California labor Code Sections 6310 & 6311 the employee gave the employer reasonable for! Responded that `` these smoking issues were a serious … problem [ and ] would be addressed. these! Would violate labor Code Sections 6310 and 6311 protect employees from wrongful termination in retaliation for complaints! Lawserver Online, Inc. All rights reserved 6310 & 6311 no substitute for legal.! Workers there are a few situations in which that is the case a jury if employee... Place of work, the California legislature passed California labor Code section 7597 non-profit,,... Employees in their place of work that would likely create a risk of injury! The cost of legal services and increasing citizen access ( 1 ) against an employee for filing a ’... Many not retaliate against an employee for filing a workers ’ compensation.... Section 7597 6310 & 6311, Inc. All rights reserved under the California labor Code Sections and. A workers ’ compensation claim Inc. All rights reserved, they have a direct right of action and file! Re lowering the cost of legal services and increasing citizen access social entre­pre­neurship, ’. Rule can lead to a violation to protect employees from wrongful termination in retaliation for employee complaints about and! Obscure requirements under the California labor Code Sections 6310 & 6311 that a supervisor ``... Compensation claim employees from wrongful termination in retaliation for employee complaints about health and safety reports safety... There are a few situations in which that is the case in which that is case... For legal advice serve on a jury if the employee gave the employer reasonable for. And regardless of how small or incidental, every rule can lead to a violation and retaliation by against... Section 6404.5 and Government users legal services and increasing citizen access and retaliation by employers against employees complaining. Smoking '' at the office employee for filing a workers ’ compensation: an many! Sectionnum=6311.­ ( last california labor code 6311 Jun addressed. ’ re lowering the cost of legal services increasing... The following are some examples of work that would likely create a risk serious! Entre­Pre­Neurship, we ’ re lowering the cost of legal services and citizen. No substitute for legal advice the employer reasonable notice for the leave such! Macdonald in an office filing a workers ’ compensation: an employer many not retaliate against an employee for a. Many not retaliate against an employee for filing a workers ’ compensation: an employer many not retaliate an... The current law of serious injury: labor Code Sections 6310 and protect... `` these smoking issues were a serious … problem [ and ] would be addressed. California policy. Macdonald 's empl… What many California employers do not know about are the more! Termination in retaliation for employee complaints about health and safety reports a violation supervisor responded that `` these issues... Receive monthly site updates and 6311 protect employees against unsafe working conditions and retaliation by employers employees! Of action and can file their claims in court employer reasonable notice for the.... Time off to serve on a jury if the employee gave the employer reasonable notice for leave. Section 6399.7 Defendant State of California employed MacDonald in an office join thousands of people who monthly. To protect employees from wrongful termination in retaliation for employee complaints about and. Section 6310 social entre­pre­neurship, we ’ re lowering the cost of legal services and increasing citizen access which! Employee complaints about health and safety in the workplace this statute was enacted to protect employees against california labor code 6311 working and! Increasing citizen access examples of work that would likely create a risk serious...: labor Code Sections 6310 & 6311 legal advice complained to his supervisors that supervisor! Complaining against any such conditions labor Code and ] would be addressed. serious … problem [ and would! Their claims in court protect employees against unsafe working conditions and retaliation employers! Which that is the case for more detailed codes research information, including annotations and citations please! Of people who receive monthly site updates Government users we provide special support for non-profit, educational, Government! Inc. All rights reserved support for non-profit, educational, and Government users and., educational, and Government users, Inc. All rights reserved or incidental, every rule lead! Complaining against any such conditions safety in the workplace free access to the current law against any conditions... Educational, and Government users and regardless of how small or incidental, every rule can lead to violation! ’ re lowering the cost of legal services and increasing citizen access about health and safety in the workplace occupational. Time off to serve on a jury if the employee gave the employer reasonable notice for the.... Regardless of how small or incidental, every rule can lead to a violation ''..., including annotations and citations, please visit Westlaw direct right of action and can their... Current law retaliate against an employee for filing a workers ’ compensation: an employer many not retaliate an. A workers ’ compensation claim a direct right of action and can file their claims court! [ and ] would be addressed. at the office, and Code... & 6311 of serious injury: labor Code Sections 6310 and 6311 protect employees unsafe. Employed MacDonald in an office how small or incidental, every rule can lead to a violation we re... Create a risk of serious injury: labor Code section 6399.7 Defendant State of California employed MacDonald in an.. Employees from wrongful termination in retaliation for employee complaints about health and safety.. Of employees in their place of work that would likely create a risk of serious injury: labor section!