CA Labor Code § 1288 (through 2012 Leg Sess) What's This? FCC Again Rejects Net Neutrality Even as Controversy Reignites. 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. 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. Complaints to the Labor Commissioner by employees are most likely to involve wage and hour law violations, such as an … Massachusetts Work in California WORKSAFE FACT SHEET | July 2020 Overview There is a legal “right to refuse” unsafe work under the California Labor Code Section 6311. California Labor Code § 6311, which prohibits employers from retaliating against employees for refusing to perform work … Part 1 - OCCUPATIONAL SAFETY AND HEALTH. 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. 800 Capitol Mall, Suite 5000 (MIC-55) Sacramento, CA 95814 (916) 653-9900 (916) 653-9913 fax California public policy supports the safety and well-being of employees in their place of work. In order to fall within the protection of section 6311, a work action must meet the following requirements: Answered in 50 minutes by: 6/11/2013. Cal. Tameny Claim: In California, employees may bring a common law claim for retaliation or a Tameny claim. 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. Get full details of Cal. Section 6400 Similar to Labor Code section 1102.5, an employee making a claim under this section must be able to establish that he engaged in a protected activity and … Code § 6311. Is an employee who prevails on california labor code section 6311 claim entitled to attorney fees? Any … California Employment Lawyer: Patrick, Esq., Lawyer replied 6 years ago. Labor Code section 6311 Labor Code section 6311 provides the right to refuse to perform work that would violate any occupational safety or health standard or any safety order of the division or standards board if the violation would create a real and apparent hazard to the employee or his or her fellow employees. Lab. Alaska FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Art. 2009 California Codes > 2009 California Labor Code 6311. Labor Code § 98.7 : California Labor Code — Department Of Industrial Relations — Division Of Labor Standards Enforcement — Time limitations for complaints on CaseMine. 1479, Sec. 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 No employee … 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. ¶¶ 15–16.) 2011 California Code Labor Code DIVISION 5. Submitted: 6 years ago. 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