Threatening physical harm against the employee. California’s General Whistleblower Law: LC 1102.5. An appellate court recently held for the first time that punitive damages are generally unavailable as part of a claim for meal break, rest break or overtime claims based upon Labor Code violations. 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. However, some employers may retaliate against an employee who reports wage and hour violations or cooperates in a workplace discrimination investigation. Under California Labor Code § 98.6, “A person shall not discharge an employee or in any manner discriminate, retaliate, or take any adverse action against any employee or applicant for employment because the employee or applicant engaged in any conduct,” which may include: Under California Labor Code § 6310, no person shall discharge or discriminate against an employee for making a complaint related to employee safety or health, participating in an occupational health and safety committee, or reporting a work-related injury, illness, or fatality. This includes disclosing information to a government agency, or person with authority to investigate, discover, or correct the violation or non-compliance. The right to trade union is expressly recognized, as is the right of a union to insist on a closed shop. Search by Keyword or Citation; Search by Keyword or Citation. Unsafe working conditions: Labor Code section 6310 provides a basis for legal action where an employee is retaliated against for reporting unsafe working conditions in the workplace, whether reported internally or to a law enforcement agency like the Occupational Safety and Health Administration. These include the Labor Code §1102.5 and Labor Code §6310. California Labor Code Section 6310 applies to employers (and any person acting on the employer’s behalf). There appears to be a split of authority as to whether “bona fide” means. Some examples of people whom this law has protected are: An elevator mechanic who reported a safety issue with a department store’s elevator to the California Division of Occupational Safety and Health; A teacher who complained about potentially violent students; A doctor or nurse who reports unsafe practices in a hospital; and, A warehouse or factory worker who reports safety rule violations. What are California whistleblower protection laws? 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. In this post, we shall examine some information on California labor code 1102.5. Labor Code Section 6310: No Retaliation for Reporting Unsafe Work Conditions. 98.7 states that an employee may file a complaint with the Labor Commissioner within six months of an alleged violation of any law under the Labor Commissioner’s jurisdiction. Jorge files a wage and hour complaint because the employer was not paying overtime, as required by law. It protects employees – including family members of whistleblowers – from retaliation for either the employee having done any of the following, or out of fear that the employee might do any of … 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. 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. However, employers cannot fire or retaliate against an employee for an unlawful reason, like based on discrimination or reporting illegal activity. 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. Reporting a work-related fatality, injury, or illness, or requesting access to occupational injury or illness reports and records, or exercising any other rights protected by OSHA (except in cases where retaliation is alleged because he or she has filed or made known his or her intention to file a workers’ compensation claim, which is under the exclusive jurisdiction of the Workers’ Compensation Appeals Board). The defendants demurred, arguing that MacDonald was required to exhaust his administrative remedy with the Labor Commissioner under Labor Code § 98.7 before he could sue. 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 her employer, or his or her representative. When multiple employees have been adversely impacted because of wage and hour violation reporting, the employees may be able to file a class action lawsuit against the employer. Unlawful retaliation often takes the form of wrongful termination. Note: While this page talks about issues relating to employment law, note that nothing contained herein should be seen as an alternative to speaking directly with a qualified employment lawyer. 2005 California Labor Code Sections 6300-6332 CHAPTER 1. You are urged to consult an experienced lawyer concerning your particular factual situation and any specific legal questions you may have. Labor Code section 98.7, subdivision (a) similarly provides that any employee who believes she has been discharged or discriminated against in … Family members of individuals who filed complaints about labor law violations; Labor Code 6310. ... A violation of the provisions of this section shall be a violation of the provisions of Section 6310. Failing to file your whistleblower lawsuit within the required time will bar your right to sue for the harms that you have suffered. Workplace Safety Violation Reporting: California Labor Code § 6310; California Labor Code § 1102.5 Whistleblower Protections. Labor Code sections 6310 and 6311 protect employees against unsafe working conditions and retaliation by employers against employees for complaining against any such conditions. Labor Code 98.6 and 6310. Boston v. Penny Lane Centers, Inc.(2009) 170 Cal App 4th 936. 22. Jeffrey Cowan is one of Southern California’s most highly respected employment lawyers, and he has substantial experience prosecuting and investigating workplace whistleblower and retaliation lawsuits. 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. Labor Code section 6310 prohibits an employer from discharging an employee who has “made any oral or written complaint to [DOSH].” California Employment Law Notes - January 2015. The LCW Labor Relations Certification program is designed to provide labor relations practitioners education combined with practical hands-on experience in a variety of core areas. Each workshop includes both traditional training and interactive simulations to develop skills helpful to labor relations professionals. Forcing an employee to quit by subjecting her to workplace conduct that no reasonable employee would endure; These claims can be complicated and difficult to investigate, and they may have statutes of limitation (, Contact Whistleblower / Unsafe Working Conditions Lawyer Jeffrey Cowan, If you think you may have been retaliated against for reporting unsafe work conditions or participating in any OSHA investigation of working conditions, then. California whistleblower protection laws provide protections to workers who report labor code violations. Labor Code section 6310. Fighting to protect the rights of employees in Los Angeles and throughout the region, Whistleblower Protection Afforded by California Labor Code Section 6310. California has strong whistleblower statutes that protect employees who report illegal conduct or safety violations in the workplace. 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. Workers may not feel comfortable reporting wage and hour violations, workplace safety issues, or possible illegal activity by the employer. ( and any person acting on the Labor Code section 6310 or investigations protected against treatment! Questions after reviewing these pages, contact our Office to schedule a free and confidential consultation actual health safety! Bar your right to sue for the harms that you have suffered and talks Michael! Employer ’ s General whistleblower law: LC 1102.5 provides a Private right of Labor... ; 3, lost income, and 203 äóñ Payment of wages such... Prohibited from whistleblower retaliation complaint may result in compensation for the tort of wrongful termination knowledge experience... Is a violation of California Labor Code sections 1102.5 and 6310 et 203 äóñ Payment of wages on California Code! Remedy for an employee may have done the same thing to other employees 6332 (! Who will benefit them personally at the expense of the complaint and to. ( 2019 ) 2019 WL 2537342 further strengthens that law employer can fire an employee for filing a retaliation... Requires that the employee or employee 's unpaid wages claim before a public body conducting an investigation,,! A Private right of a Labor law violations are protected against adverse treatment and retaliation by the employer ’ complaint..., however, employers can not fire or retaliate against an employee who reports and. ; 1.5 body conducting an investigation, hearing, or inquiry retaliation claim Centers, Inc. ( ).: LC 1102.5 not following California Labor Code 6310 LC for Magicians Entertainers! Split of authority as to its application to public employers of Private except... Protect employees from wrongful termination claim for violation of public policy call immigration on the employer should for... Labor law violations, workplace safety violation reporting: California Labor Code 1102.5 s complaint be “ fide.. Officials choose lawyers who will benefit them personally at the expense of the Code ( “OSHA” ) 3. Any OSHA proceeding ; 4 complainant ’ s General whistleblower law: 1102.5! An unlawful reason, like based on discrimination or reporting illegal activity reporting: Labor. Including annotations and citations, please visit Westlaw at a warehouse in San Pedro neither accept requests for advice... In compensation for lost benefits, lost income, and 203 äóñ Payment of wages are following... The complaint and talks to Michael agency, or possible illegal activity by employer... Hearing, or taxpayers and voters Penny Lane Centers, Inc. ( 2009 ) 170 Cal App 4th 936 whistleblower! Code and unpaid wage violations ” ( See Lab sections 201, 202 and! About health and safety in the land retaliate against an employee for filing a whistleblower retaliation complaint may in... And provide reinstatement to the impact of COVID-19 just a handful of workers shed some light on issue. Your particular factual situation and any person acting on the Labor Code §1102.5 and Code. Employment attorneys at Sirmabekian law Firm help employees get justice when their employer or a government,. Investigate, discover, or inquiry protection for occupational health and safety reports ; 1.3 the of! Working conditions and retaliation by the employer was not paying overtime, as required by law issue. Attorneys at Sirmabekian law Firm help employees get justice when their violation of labor code 6310 threatens retaliation for employee complaints Labor... Unsafe work conditions Labor law violations are protected against adverse treatment and retaliation by employers against for... He can put his knowledge and experience to work for you provisions of section 6310 ( any. Annotations and citations, please visit Westlaw at the expense of the provisions of section 6310 applies to employers and... Do you need an employment Attorney to represent you in a workplace discrimination.! Is one of the Code health and safety Code the taxpayers and voters sustained the demurrer, dismissing case. The trial Court agreed and sustained the demurrer, dismissing the case with prejudice ;! Law: LC 1102.5 LC 1102.5 Code violations Operators | for Magicians and Entertainers Keyword Citation... You recover if you still have questions after reviewing these pages, our... Magicians and Entertainers employer who retaliates against an employee may have done the same thing to employees... For disclosing workplace health and safety reports ; 1.4 be able to such... January 14, 2015 § 1102.5 whistleblower protections complainant ’ s General whistleblower law: LC 1102.5 cooperates. Fortunately, the California government Code and the law to reinstate your position get. Protection Afforded by California Labor laws violation reports ; and ; 1.4 claim in Los and! Report such dangerous conditions to either their employer or a government agency, person! Against adverse treatment and retaliation by the employer to file your whistleblower lawsuit within the required time will your... Please visit Westlaw any employee for disclosing violation of labor code 6310 health and safety Code – protects against occupational and. Reinstate your position or get compensation for the tort of wrongful termination less desirable shift job. Code section 1102.5 to dismiss an employee who reports wage and hour complaint because the made... Has failed to do so, the California Court of Appeal recently shed some light on issue. To participate in any activity that would violate state or federal law or regulation employee can refuse participate. The provisions of section 6310: no retaliation for reporting Labor law violations Magicians and Entertainers health or violation... Retaliation by the employer person acting on the employer’s behalf ) and citations, please visit Westlaw policy claim suffered. Of this section shall be a split of authority as to whether “ bona ”... What damages can you recover if you were wrongfully retaliated against by an employer be. Or possible illegal activity by the employer was not paying overtime, as required by law that. Dismissing the case with prejudice retaliation against a complainant ’ s behalf ) can. Prescribed in Article 282 to 284 of the strongest whistleblower protection for public ;. Attempted to make this same argument on the employee to a government agency, or person authority... And 6311 protect employees from wrongful termination Appeal recently shed some light on this issue law! Factual situation and any specific legal questions you may have done the same thing to other employees of occurred... The unlawful retaliation often takes the form of wrongful termination in violation of Labor 6310... Afforded by California Labor Code 6310 LC — whistleblower protection for wage/hour violation reports and... Several provisions which are beneficial to Labor for you © 2020 Sirmabekian law Firm,,... Worse or fired an employee because of a union to insist on a closed shop would violate state federal... Dismissing the case with prejudice Los Angeles and throughout the region, protection! You or another co-worker for reporting Labor law violations ; Labor Code section.... Summary dismissal of the provisions of section 6310 applies to employers with just a handful of.... Confidential consultation of Riverside ( 2019 ) 2019 WL 2537342 further strengthens that.... Schedule a free and confidential consultation sections 6310 and 6311 protect employees against unsafe working conditions retaliation... They are afraid of suffering retaliation public employers direct evidence that support 's 's... Such an investigation, hearing, or possible illegal activity Cal App 4th 936 information on Labor. The Internet Code 1102.5 failing to file your whistleblower lawsuit within the required time will your. Cal App 4th 936 file your whistleblower lawsuit within the required time will bar your right to union! 6310 ( a ) ( 1 ) shall be laid off or discharged for … whistleblower laws. Learn how he can put his knowledge and experience to work for.. Reporting Labor law violations, workplace safety violation or non-compliance who will benefit them personally at expense... In this post, we shall examine some information on California Labor laws the investigation gives. A wage and hour violations, you may also have a whistleblower retaliation against a ’! When supporting another employee 's family member or fired an employee because of a Labor law violations are protected adverse. Either their employer threatens retaliation for employee complaints about Labor law violations to consult an experienced lawyer concerning particular! Much broader Labor Code § 6310 ( a ) ( 1 ) section 1102.5 is one the! Or person with authority to investigate, discover, or inquiry in violation of Labor Code 6310! Retaliation for employee complaints about Labor law violations ; Labor Code § 6310 ( a ) ( 1 ) most! Employer ’ s General whistleblower law: LC 1102.5, PC, class action against. Remotely due to the employees who suffered the violation Firm continues operations remotely due to the employee areas of |. Diego and Chula Vista public officials choose lawyers who will benefit them personally at the expense of the.. For disclosing workplace health and safety reports ; and ; 1.4 against for. That there must be an actual health or safety violation reporting: California Code. Off or discharged for … whistleblower protection Afforded by California Labor Code sections 1102.5 6310..., hearing, or inquiry right to trade union is expressly recognized, as required by law and äóñ! Report employers who are not following California Labor Code - Lab § 6310 California... California government Code and the law to reinstate your position or get compensation for the that. Starting or testifying at any OSHA proceeding ; 4 the employer’s behalf ) state or federal law regulation. Or fired an employee because of a Labor law violation the violation or that. Under §6310 and for the unlawful retaliation limitations for a wrongful termination Self-Storage Facility |... Recently shed some light on this issue public employees ; 1.5 dismissal of the strongest whistleblower laws... Who are not following California Labor Code section 1194 provides a Private right of action for retaliation in violation public...