This statute was enacted to protect employees from wrongful termination in retaliation for employee complaints about health and safety in the workplace. In simple terms, a whistleblower is a worker who calls attention to violations of law in the workplace. California Labor Code Section 6310 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 … Because settlements are subject to confidentiality rules, little data exists. Touchstone Television Prods. The state of California wants employees to work in safe environments. Labor Code DIVISION 5. The California Division of Occupational Safety and Health (OSHA) is a state agency charged with protecting the health and safety of workers in California. Universal Citation: CA Labor Code § 6310 (2018) 6310. CALIFORNIA LABOR CODE. If the worker wins his osha retaliation claim, he could potentially recover $150,000 in lost wages. 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. If you believe you have been the victim of harassment or were terminated because you engaged in whistleblower activities, contact our office to discuss your case with one of our lawyers. Workers' Compensation: An employee may not be discharged (or discriminated against) in retaliation for filing a workers' compensation claim. Division: means the Division of Occupational Safety and Health. To this end, the California legislature passed California Labor Code section 6310. Appeals board: means the Occupational Safety and Health Appeals Board, within the department. § 6310 (a) No person shall discharge or in any manner discriminate against any employee because the employee has done any of the following: (1) The attorney also fronts the costs of the case for you (in most circumstances). Code § 6310(a)(1). In addition, Cal OSHA’s enforcement branch investigates complaints of workplace hazards filed by employees, their attorneys as well as reports of serious violations received from law enforcement agencies. Labor Code 1102.5 – provides general whistleblower protection; 1.2. CA Labor Code § 6310 (through 2012 Leg Sess) What's This? An employer who retaliates in this manner is guilty of a misdemeanor. Proskauer Rose LLP Harold Brody January 14, 2015. Labor Code Section 6310 prohibits retaliation against an employee who made an oral or written complaint to his/her employer or the California Division of Occupational Safety and Health (Cal OSHA) regarding health and safety in the workplace. (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. Terms Used In California Labor Code 6310. (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 … Many OSHA retaliation claims settle before going in front of a jury. He believes the reason given for his termination is merely pretext, and that he is in fact experiencing retaliation for blowing the whistle on the mine’s unsafe operating practices. Whistleblower laws prohibit employer retaliation if an employee points out safety violations. Shortly after filing a complaint, Employee A is notified that there will be job cuts at the mine and that his position is being eliminated. Labor Code sections 6310 and 6311 protect employees against unsafe working conditions and retaliation by employers against employees for complaining against any such conditions. After being terminated for engaging in whistleblowing activities, the worker was unable to find a job for three years. Similar to Labor Code Section 1102.5, California employees are still protected by Labor Code Section 6310, even if it … Are subject to confidentiality rules, little data exists an annual salary of $ per! In most circumstances ) ( through 2012 Leg Sess ) what 's this violation California. For violation of public policy claim board, within the department tax fraud tax... 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