cal labor code 6311


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. Code § 6311. This statute was enacted to protect employees from wrongful termination in retaliation for employee complaints about health and safety in the workplace. seq. We recommend using 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. Cal. California Whistleblower Protection - Health or Safety Complaint - Essential Factual Elements (Lab. Medical Leave and Pregnancy. California Codes; Labor Code; Safety in Employment; Occupational Safety & Health; Jurisdiction & Duties; Section 6308.5 ; California Labor Code Sec. Art VII - Ratification. Minors Section 1288. Part 1 - OCCUPATIONAL SAFETY AND HEALTH. LWDA provides leadership to protect and improve the well-being of California’s current and future workforce. Oregon 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. 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. Section 6400 Code § 6312 . IV - States' Relations 1985, Ch. labor law hit high tide in the 1930s, with the National Labor Relations Act and the Fair Labor Standards Act. 6. 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. Cal. Current through 2020 Legislative Session. Section 6311. 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. There is a legal “right to refuse” unsafe work under the California Labor Code Section 6311. III - Judicial Art. Download PDF. Illinois Cal. (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 her employer, or his or her representative. 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). California Labor Code § 6311, which prohibits employers from retaliating against employees for refusing to perform 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 fellow employees. II - Executive ), Alabama Texas Download PDF. Show Less. 1479, Sec. 1479, Sec. To this end, the California legislature passed California Labor Code section 6310. Labor Code Sections 6310 & 6311. Section 6312 - Complaint filed by employee discharged or discriminated against. Labor Code section 6312 states that an employee who believes she has been discharged or discriminated against in violation of Labor Code section 6310 may file a complaint with the Labor Commissioner pursuant to Labor Code section 98.7. North Carolina These claims are popular because they retroactively convert an employee who makes a run … MacDonald's supervisor responded that "these smoking issues were a serious … problem [and] would be addressed." Labor Code § 98.7 : California Labor Code — Department Of Industrial Relations — Division Of Labor Standards Enforcement — Time limitations for complaints on CaseMine. Labor Code section 6311 provides limited protection for workers who refuse to work because of an unsafe condition in their workplace. Pennsylvania Medical Leave. MacDonald complained to his supervisors that a supervisor was "illegally and/or inappropriately smoking" at the office. Chapter 1 - JURISDICTION AND DUTIES . California public policy supports the safety and well-being of employees in their place of work. 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. 1.3. 2009 California Codes > 2009 California Labor Code 6311. Section 6311 - Employee laid off or discharged for refusal to perform work. Code, § 6310) - Free Legal Information - Laws, Blogs, Legal Services and More 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. 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 … 1998 ) 61 Cal.App.4th 431, 452 [ 71 Cal.Rptr.2d 573 ], disapproved other! 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