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 employerâs 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 storeâs 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 workersâ compensation claim, which is under the exclusive jurisdiction of the Workersâ 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 Californiaâs 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. 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