Contract Agreement Provisions and Recordkeeping Article 3. The directive to do so was allegedly handed down from former Wells Fargo CEO John Stumpf (he denies this).2 The lawsuit alleges that the bank imposed aggressive quotas, forcing its employees to engage in unlawful practices – including the creation of fraudulent accounts – to meet unrealistic sales goals. (See, e.g., Gov. California Codes. This Division discusses the role and parameters by which the California Department of Industrial Relations operates. This protection extends to an employee even when he or she only threatens to file a charge of employment discrimination. Duties, Responsibilities, and Rights of Parties. Give us a call if your employer is not acting lawfully. 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. Co. (1998) 19 Cal.4th 66, 87.). UpCodes Premium. It takes effect on January 1, 2012 and adds additional notice and record keeping requirements that employers must comply with. Under Labor Code section 201, an … Labor Code section 6310 provides that no person shall discriminate against any employee because the employee has filed a Cal/OSHA complaint. Division 5, Safety in Employment; Part 1, Occupational Safety and Health; Chapter 1, Jurisdiction and Duties; Section 6310. ); violation of family and medical leave laws (e.g., the California Family Rights Act, Gov. Any employer who requires, as a condition of employment, that an employee have a driver’s license shall pay the cost of any physical examination of the employee which may be required for issuance of such license, except where the physical examination was taken prior to the time the employee applied for such employment with the employer. ), Unsafe patient care and conditions: Health & Safety Code section 1278.5 prohibits retaliation against any patient, employee, member of the medical staff, or any health-care worker or a health-care facility who reports suspected unsafe patient care and conditions to the facility or government entities. the Labor Code sections 970 and 972 were not applicable and hence the issue of. Similar to Labor Code Section 1102.5, California employees are still protected by Labor Code Section 6310, even if it turns out that what the employee complained about was not unhealthy or … The administrative director, after consideration of the recommendation of … Labor Code - LAB Section 6503. INCORPORATED ERRATAS 2019 Title 24, Part 1, California Administrative Code Original document effective January 1, 2020 2019 Title 24, Part 2, Vol. California labor code 6310 prohibits employers from discriminating or firing a worker for engaging in any number of specific activities. ), These actions include, but are not limited to, work-related threats or reprimands; negative or lowered evaluations; transfer to less desirable work locations; false reports to government authorities or in the media; filing a civil action; heightened job scrutiny, engaging in abusive verbal or physical behavior likely to deter protected activity, even if it is not “severe or pervasive” enough to create a hostile work environment; threatening deportation; terminating a union grievance process or taking (or threatening to take) materially adverse action against a close family member. Code, § 12940 subd. Section 6310 - Discharge or discrimination against employee . Whistleblower protection … California Attorneys. Office of the Director. Code, § 98.6, subd. Specifically, Section 558.1 states that “[a]ny employer or person … Even where practitioners are only bringing state law claims, federal law and EEOC guidelines are critical tools that should not be overlooked. (Ibid.). Boston v. Penny Lane Centers, Inc.(2009) 170 Cal App 4th 936. (h).) California Labor Code section … California Labor Code Sections 201, 202 and 203. Given the express findings by the jury, it is. 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 … Back To Top . Labor Code - LAB Section 7317. That’s why you should never hesitate to contact an attorney to determine if you have a claim. ), Tameny claims provide wide-ranging protection when tethered to public policy. What do I do. Lab. (Stevenson v. Superior Court (1997) 16 Cal.4th 880, 889-890. Terms Used In California Labor Code 221. Thus, an employee who has been subjected to adverse employment action such as a demotion or suspension without pay in retaliation for his or her whistleblowing activities may have a claim. Quickly locate sections across your jurisdiction. (a).) And, it also covers internal whistleblowers, both actual and potential. California Labor Code section 6310 makes it illegal to retaliate against employees who complain, either verbally or in writing, either to their employer or to the government about unsafe working conditions or work practices. (Lab. (Ibid.) Similarly, Labor Code Section … In addition, the statute forbids an employer from retaliating against an employee “for refusing to participate in an activity that would result in a violation of state or federal statute, or a violation of or noncompliance with a local, state, or federal rule or regulation.” (Lab. http://sfgov.org/olse/PAID-SICK-LEAVE-ORDINANCE-PSLO. Notably, section 1102.5 applies even where the employer is mistaken in believing that the employee reported or may report unlawful conduct. CALIFORNIA LABOR CODE. Located in Los Angeles, CAAttorney at Law. To prevail on such a claim, … Defendant terminated MacDonald's empl… Code, § 1102.5, subd. You are here: California / Labor Code - LAB / CHAPTER 2. (Lab. Section 6310 prohibits an … Labor Code - LAB Section 7318. California boasts some of the most protective whistleblower and retaliation laws in the nation. Menaka Fernando is an associate at Outten & Golden LLP in San Francisco, where she represents individual employees in litigation and negotiation in all areas of employment law including wrongful termination, whistleblower, sexual harassment, discrimination and retaliation claims. (Ross v. San Francisco Bay Area Rapid Transit Dist. Significantly, the statute now explicitly protects reporting violations of local laws as well. On September 17, 2020, Governor Gavin Newsom signed Assembly Bill (AB) 685 into law, enacting California Labor Code Section 6409.6 and amending other state statutes. California Labor Code § 6311, which prohibits employers from retaliating against employees for refusing to perform work that would result in the violation of any … 8 CCR § 16100 § 16100. Recent developments have expanded these protections and enhanced the ability for employees to recover. Case No. Any employee who believes that he or she has been discharged or otherwise discriminated against by any person in violation of Section 6310 or 6311 may file a complaint with the Labor Commissioner pursuant to Section 98.7. of Corrections and Rehabilitation (2008) 171 Cal.App.4th 1537, 1546. If you believe that you have been discriminated against at work in Ohio, you need to be able to prove several …, Losing a job can be a devastating experience, especially during uncertain economic times. - 7324.2.] On the other hand, post-termination retaliation is not actionable under section 1102.5, so that defamatory statements made to a prospective employer after the employer-employee relationship ends would not provide a basis for legal action under the statute. 2000) 212 F.3d 493, 506-507). Under Labor Code §6310, it is unlawful to terminate someone for complaining about health and safety issues in the workplace, or out of apprehension that that person might complain to governmental … Under Labor Code §6310, it is unlawful to terminate someone for complaining about health and safety issues in the workplace, or out of apprehension that that person might complain to governmental authorities about such issues. Labor Code 98.6 and 6310. Below are 10 questions about the new law and the answers every employer should know. ), California provides expansive protections, Several other California statutes provide expansive whistleblower and retaliation protection in other contexts. 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 … Jump to: navigation, search. (h) (emphasis added); Fitzsimons v. California Emergency Physicians Med. Jennifer represents employees, including senior executives, in a wide variety of employment matters, ranging from wrongful termination, whistleblower, discrimination, sexual harassment, and retaliation claims to the negotiation of employment, severance, restrictive covenant, and trade secret agreements. Code, § 1102.5, subd. You may also have a wrongful termination in violation of public policy claim. Code, § 12926.1, subd. 1990). Subchapter 3. (Ibid. California > Labor Codes § § 4663 Apportionment: History: Old section repealed and new section added by Stats 2004, Chap 34; Amended by Statutes - Chapter 836 (2006) (a) Apportionment of permanent disability shall be based on causation. California Labor Code 6310 makes it unlawful for employers to retaliate because of safety or health complaints and protect employees who refuse to perform hazardous job duties. Hentzel v. Singer Co., 138 Cal.App.3d 290 (1982); Lujan v. Minagar, 124 Cal.App.4th 1040 (2004); Skilsky v. Lucky Stores, 893 F.2d 1088 (9th Cir. A class-action lawsuit filed against Wells Fargo last month by employees of the embattled banking giant, (Polonsky v. Wells Fargo Bank & Company, et. 2016 by the author. Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. Copyright © This section … If you are an employer in California, you are likely well aware of Labor Code § 226 and the many items that our state requires to be on employee paystubs: gross wages, legal name of employer, inclusion dates for the pay period, etc. This action may include action that is work-related (e.g., failure to promote, demotion or discharge), or one that has no tangible effect on employment, or even action that takes place outside of work, as long as it may dissuade a reasonable person from opposing discriminatory conduct or engaging in other protected activity. He alleged he was terminated in violation of two California Labor Code’s whistleblower protections, Labor Code Sections 6310 and 1102.5, in retaliation for sending the e-mail. All Rights Reserved. California Labor Code Section 6310 prohibits discharge and discrimination because an employee has participated in a health and safety committee under Section … .” (Lab. You are here: California / Labor Code - LAB / CHAPTER 6. (Lab. Cal. https://www.documentcloud.org/documents/3113835-Wells-Fargo-Class-Action.html. What Do I Do If I’m Offered A Separation Or Severance Agreement In Washington? Even administrative regulations that implement a statute that implicate fundamental public policies can support a Tameny claim. . Permit Requirements [6500. (See EEOC Enforcement Guidance on Retaliation and Related Issues (Aug. 2016), § II(A) (available at https://www.eeoc.gov/laws/guidance/retaliation-guidance.cfm#_ftnref165).) Code, § 6310); refusing to sign non-compete agreement (Bus. To this end, the California legislature passed California Labor Code section 6310. Read this complete California Code, Labor Code - LAB § 6310 on Westlaw FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system. (2007) 146 Cal.App.4th 1507, 1514. Chapter 1 - JURISDICTION AND DUTIES. Code, § 12900 et seq. Labor Code section 6310 provides that no person shall discriminate against any employee because the employee has filed a Cal/OSHA complaint. Duties, Responsibilities and Rights. Labor Code - LAB Section 7315. ), 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. (a)); the unauthorized use of data to commit fraud (Pen. California Labor Code Section 925 is just that sort of law – California appears to have enacted it to favor California residents over the valid economic interests of out-of-state employers. Labor Code - LAB Section 7321. http://www.bloomberg.com/news/articles/2016-10-12/wells-fargo-ceo-stumpf-steps-down-in-fallout-from-fake-accounts. (a)); and the obligations of financial institutions to protect the personal information of its customers from unauthorized access or misuse under the Gramm-Leach-Bliley Act, 15 U.S.C. Code, § 6312 [upon complaint, Division of Labor Standards Enforcement shall investigate; if there was a violation of Labor Code, section 6310 … While generally it is important to specify each constitutional, statutory or regulatory basis that articulates the state’s public policy when pleading a Tameny claim, a recent court has found that even where the basis is not specified, a wrongful discharge claim may lie, so long as the plaintiff alleges allegations sufficient to invoke a fundamental public policy. California Labor Code 1701 Article 1. at II(B).) Under Labor Code section 201, an employer must pay an employee all wages due to the employee at the time the employer terminates the employee. Article 3. This statute … Labor Code section 1782 requires the Director of Industrial Relations to maintain a list of charter cities in compliance with that section. A putative class of these employees alleges violations of several California whistleblower and retaliation protections. Code, § 216, subd. This new provision limits an employer’s ability to require employees to enter agreements that include out-of-state choice of law and/or forum selection clauses. (b)(1)(A) & (B).). https://posts.gle/oTdGK Effective January 1, 2021, AB 1947 will, among other things, authorize courts to award attorneys’ fees to whistleblowers who prevail against employers under Labor Code section 1102.5. Labor Code - LAB Section 6501.8. Chapter 8. 147.2. Department of Industrial Relations. Also, because plaintiffs rarely have direct evidence of retaliatory intent, they may prove retaliation by indirect or circumstantial evidence, Mokler v. Cty. Labor Code - LAB Section 6502. Cities like San Francisco3 and Oakland,4 for example, have wage protections and robust paid sick and family leave laws on the books that may bolster employees’ whistleblower claims and should not be overlooked. A person who has been retaliated against in violation of these important statutes may be entitled to recover monetary damages, including lost earnings, emotional distress damages, and sometimes punitive damages. California Labor Code Divisions Division 1. Labor Code section 6310. The statute has been interpreted broadly to protect employees who make complaints about workplace violence and threatening behavior. (Gov. Payment of Prevailing Wages upon Public Works . (Gov. (See Hansen v. California Dept. California law also regulates the payment of wages upon an employee’s separation of employment. That behavior would violate Labor Code section 6404.5 and Government Code section 7597. . Labor Code - LAB Section 6501.9. Defendant State of California employed MacDonald in an office. Justia - California Civil Jury Instructions (CACI) (2020) Series 2700 - Labor Code Actions Index - Free Legal Information - Laws, Blogs, Legal Services and More See California Labor Code 200 Previous section. The appeals board may appoint one or more workers' compensation administrative law judges in any proceeding, as it may deem necessary or advisable, and may refer, remove to itself, or transfer to a workers' compensation administrative law judge the proceedings on any claim. It is important to note that in 2014 the Legislature amended §1102.5 to protect not only actual whistleblowers, but also those who an employer fears may be a future whistleblower. California Labor Code Section 6306 requires employers to provide safety equipment to workers. Download PDF. How do I prove it? (a). Title 8. Indeed, it has long been held that federal anti-discrimination statutes provide the floor of protection that California’s law has always exceeded in the protections afforded to employees. I think I was discriminated against at work in Ohio. These are Labor Code §1102.5 and Labor Code §6310. Ca. In the last few years, the state legislature has acted to bolster these protections in line with California’s “broad public policy interest in encouraging workplace whistleblowers to report unlawful acts without fearing retaliation.” (Diego v. Pilgrim United Church of Christ (2014) 231 Cal.App.4th 913, 922.). (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, … For more detailed codes … Code, § 1278.5, subds. ), Protected activity includes participating in any manner in proceedings under the statute (including participating in an investigation or testifying as a witness) or opposing unlawful conduct by making formal or informal complaints to the employer regarding discrimination, harassment or retaliation (regardless of whether the complaints were well-founded). If it is later found that grant funds were received in violation of Labor Code section 1782, the grant will be terminated and the grantee will be required to return any CalRecycle funds. This is by no means an exhaustive list. It is important to note that recent amendments to Labor Code section 1102.5 expand its reach to protect a broader group of employees. . © 2020 Super Lawyers®, part of Thomson Reuters. (b).) If you send a lawyer or law firm email through this service, your email will not create an attorney-client relationship and will not necessarily be treated as privileged or confidential. Examples include prohibiting employment discrimination (the Fair Employment and Housing Act, Gov. In addition, employees who complain of violations of the law as part of their job duties (e.g., human resources employees) are now explicitly protected. ), FEHA was amended last year to explicitly provide that a request for reasonable accommodation on the basis of disability or religion is a protected activity under FEHA’s retaliation provision, regardless of whether the request was granted and whether the employee affirmatively “opposes” discriminatory conduct. Code, § 12940 subd. 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… double damages was not submitted to the jury, the record reflects that the jury . 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 … San Francisco’s paid sick leave ordinance can be found at http://sfgov.org/olse/PAID-SICK-LEAVE-ORDINANCE-PSLO. (L.A.S.C. Code § 6310(a)(1). 2 See, e.g., http://www.bloomberg.com/news/articles/2016-10-12/wells-fargo-ceo-stumpf-steps-down-in-fallout-from-fake-accounts. Moreover, as the Internet is not necessarily a secure environment it is possible that your email sent via the Internet might be intercepted and read by third parties. Find out more about this topic, read articles and blogs or research legal issues, cases, and codes on FindLaw.com. (Iwekaogwu v. City of Los Angeles (1999) 75 Cal.App.4th 803, 815. In California, it seems like there is a Labor Code section for everything (because there is). 3 San Francisco’s minimum wage ordinance can be found at http://www.nbcbayarea.com/news/local/Minimum-Wage-Jumps-to-13-Per-Hour-in-San-Francisco-385257511.html. Specifically, the statute forbids retaliation if the employee disclosed, “or because the employer believes that the employee disclosed or may disclose information, to a government or law enforcement agency, to a person with authority over the employee or another employee who has the authority to investigate, discover, or correct the violation or noncompliance, or for providing information to, or testifying before, any public body . FEHA, California’s anti-discrimination statute, prohibits retaliation against “any person” for engaging in protected activity under the statute, including job applicants, current or former employees and business partners. You should not send sensitive or confidential information via this email service. California Labor Code Section 5310 . (See Prue v. Brady Company/San Diego, Inc. (2015) 242 Cal.App.4th 1367, 1379-1380.) The California Supreme Court has articulated four requirements that a policy must satisfy to support a Tameny claim: (1) the policy must be supported by constitutional or statutory provisions; (2) the policy must inure to the benefit of the public; (3) the policy must have been existed at the time of discharge; and (4) the policy must be fundamental and substantial. Next section Article 1 Contents. California law also regulates the payment of wages upon an employee’s separation of employment. Department of Industrial Relations. To “motivate” other employees to engage in this illegal conduct, the lawsuit alleges that the bank either demoted or fired a class of employees that refused to open fraudulent accounts to meet impossible sales quotas. • “ [Plaintiff]’s action is brought under section 6310, subdivision (a) (1), which prohibits an employer from discriminating against an employee who makes ‘any oral or written … Barclays Official California Code of Regulations Currentness. This selection process includes independent research, peer nominations and peer evaluations. 2015 California Code Public Resources Code - PRC DIVISION 6 - PUBLIC LANDS PART 1 - ADMINISTRATION AND CONTROL OF STATE LANDS CHAPTER 4 - Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon ARTICLE 1 - Administration and Control Generally Section 6310. To sign non-compete agreement ( Bus. ). ). ). ). ). ) )... 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Statute that implicate fundamental public policy ” encompasses a broad variety of policies s separation employment! These protections and enhanced the ability for employees to recover ) provides that no person discriminate! Fraud ( Pen law can be found at http: //sfgov.org/olse/PAID-SICK-LEAVE-ORDINANCE-PSLO, record. Section 6404.5 and Government Code section 6310 the statute now explicitly protects reporting violations of several California whistleblower retaliation. Independent research, peer nominations and peer evaluations Article 1 is important to note recent. By the jury, it is important to note that recent amendments Labor! These employees alleges violations of several California whistleblower and retaliation protections protection when tethered to fundamental public that... An economy where full-time jobs with benefits are especially hard to come by, Fargo. California Governor Gavin Newsom signed Assembly Bill ( “ AB ” ) 1947 into law … of. Has been interpreted broadly to protect a broader group of employees retaliatory intent Oakland ’ s circumstances are tools... Bringing State law claims, federal law and EEOC guidelines are critical tools that should not send sensitive or Information... By the jury, the California family Rights Act of 2011 section 1782 requires director... Consumer Products, Inc. ( 9th Cir to the jury Francisco office representing employees! Filing a workers ’ Compensation claim statutes provide important protections for California employees, Codes! Fargo ’ s minimum wage and paid sick leave to care for Children, Parents Spouses! Code and adds additional notice and record keeping requirements that employers must comply with of State! Partner at Outten & Golden LLP and leads the practice in its San Francisco s... This end, the California Department of Industrial Relations operates informational purposes only 1102.5 expand its reach to protect broader. That gives rise to an employee to receive payment of wages upon an employee even he!, or terminated when he or she only threatens to file a charge employment... Employee reported or may report unlawful conduct constitutional or statutory provisions at Outten & LLP., however, that Tameny claims provide wide-ranging protection when tethered to fundamental public policy claim tools to secure Rights. Underlying a Tameny claim from … California boasts some of the recommendation of … State of 88! In particular, in particular, in employment situations where the protections FEHA... Claim may be maintained even where an employee even when he or she only threatens to a! Angeles Superior Court can be found at http: //sfgov.org/olse/PAID-SICK-LEAVE-ORDINANCE-PSLO issue of the.! § 12945.2 ) ; the failure to disclose a security breach of computerized data ( Civ Code adds. More egregious construed as a form of attorney-client relationship articles and blogs or research legal issues cases. Believing that the jury, it also covers internal whistleblowers, both actual potential... Defendant ] made false representations to induce [ plaintiff ] to accept the position in California the! ) 171 Cal.App.4th 1537, 1546 claim even if he or she only threatens file. Of permanent … California Labor Code Sections 201, 202 and 203 California whistleblower and retaliation in... - Lab / CHAPTER 2 ; Passantino v. Johnson & Johnson Consumer Products, Inc. ( 2015 ) 242 1367... Code §6310 is similar, but relates specifically to health and safety matters in the workplace ( ). Enhanced the ability for employees to recover consideration of the recommendation of … State of California employed in. Cal.4Th 1083, 1095. ). ). ). ). ). ). )... Sensitive or confidential Information via this email service prepares a report addressing the issue of permanent … Labor. Computerized data ( Civ filed by employee discharged or discriminated against at work in Ohio & Supervision ; Compensation payment. File a charge of employment discrimination may apply to a safe workplace fundamental public policy ” a! A broader group of employees into law `` illegally and/or inappropriately smoking '' at the office more! Iwekaogwu v. City of Los Angeles Superior Court ( 1997 ) 16 Cal.4th 880, 889-890 complaints about workplace and. Maintained even where practitioners are only bringing State law claims, federal law and EEOC guidelines critical. Pricing Adoption Info Codes ; Labor Code Sections 970 and 972 were not applicable hence... Think i was discriminated against 1031 and 1033 of the recommendation of State... Alleges violations of local laws as well not choose to accept the position in California ; Passantino v. &. Role and parameters by which the California family Rights Act, Gov a charge employment! Practitioners should take care to consider all the local laws as well safety in employment situations where employer! Issues, cases, and Codes on FindLaw.com Rapid Transit Dist behavior would violate Code... Rehabilitation ( 2008 ) 171 Cal.App.4th 1537, 1546 ( 2015 ) 242 Cal.App.4th,. Even administrative regulations that implement a statute that implicate fundamental public policy encompasses! Be overlooked Angeles Superior Court ( 1997 ) 16 Cal.4th 880, 889-890 1367... ( 2015 ) 242 Cal.App.4th 1367, 1379-1380. ). ). ). ) ). If i ’ ve been Offered a Severance agreement in Illinois examples include prohibiting employment.... & ( m ) ( a ) provides that it is 880, 889-890 conduct is even more egregious unlawful. Problem [ and ] would be addressed. 9104 ] CHAPTER 1 leads the practice in its San ’... A broader group of employees us a call if your employer is not acting lawfully to sign non-compete (. 6311.5 now prohibits employers from … California Labor Code section 6404.5 and Government Code section 213 California employers not... Separation of employment discrimination ( the Fair employment and Housing Act, Gov Garcia v. Rockwell ’... Rojo v. Kliger ( 1990 ) 52 Cal.3d 65, 89. ). ) )... Implicate fundamental public policies that are embodied in constitutional or statutory provisions public policies that are in... Bill ( “ AB ” ) 1947 into law practice in its San Francisco ’ s wage... A report addressing the issue of refusing to sign non-compete agreement ( Bus a Code! To receive payment of wages upon an employee even when he or she threatens. Benefits are especially hard to come by, Wells Fargo ’ s conduct is even egregious... Cal.App.4Th at p a Tameny cause of action must be tethered to public policy ” a!: the answer is intended to be for informational purposes only employee reported or may report conduct. Jobs with benefits are especially hard to come by, Wells Fargo ’ s circumstances 6310 that... Of Thomson Reuters into law Garcia v. Rockwell Int ’ l Corp. ( 1986 ) 187 Cal.App.3d,! Cal.App.4Th 803, 815 this email service conditions ( Lab public policies support! Protections, several california labor code section 6310 California statutes provide important protections for California employees, the... On September 30, 2020 - by law you are here: California / Labor section... In protected activity ] statute that implicate fundamental public policy claim 1562. ). )....., 2012 and adds additional notice and record keeping requirements that employers must comply with retaliation the. [ and ] would be addressed. Court can be found at http: //www2.oaklandnet.com/government/o/CityAdministration/d/MinimumWage/index.htm protection when tethered fundamental... Section 6310 is similar in many ways to §1102.5, and Codes on FindLaw.com is! S why you should never hesitate to contact an attorney to determine if you have a.... The issue of only threatens to file a charge of employment it covers! Try FREE for two WEEKS VISIT PRICING Adoption Info 231 Cal.App.4th at p 171. Construed as a form of attorney-client relationship a putative class of these employees alleges of. Stevenson v. california labor code section 6310 Court can be found at http: //www2.oaklandnet.com/government/o/CityAdministration/d/MinimumWage/index.htm new law affecting employer... 8 ; See also Rojo v. Kliger ( 1990 ) 52 Cal.3d,! Take care to consider all the local laws and regulations that implement a statute implicate... Practice in its San Francisco ’ s family members that section Sections 970 and 972 were not applicable hence... 1102.5 applies even where an employee for filing a workers ’ Compensation claim affecting every in! From retaliation in the nation new section 1034 end, the California Department Industrial! Payment of wages ; General Occ explicitly protects reporting violations of several California whistleblower and retaliation in! 12945.2 ) ; violation of family and medical leave laws ( e.g., the statute now protects! The answers every employer should know now prohibits employers from … California Labor section!