Citation, in lieu of Determination Letter. Labor Code sections 6310 and 6311 protect employees against unsafe working conditions and retaliation by employers against employees for complaining against any such conditions. Justia - California Civil Jury Instructions (CACI) (2020) 4605. 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. The employer may also be held responsible for the Labor Commissioner's attorney's fees. Read this complete California Code, Labor Code - LAB § 1102.5 on Westlaw FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system . ... and the Labor Commissioner's Office is required to provide the same appeal right for violations of Labor Code section 6310 or 6311. CA Labor Code § 232(c) CA Labor Code … CA Labor Code § 230(a) CA Labor Code § 230(b) CA Labor Code § 1102.5. (Lab. Code, § 6312 [upon complaint, Division of Labor Standards Enforcement shall investigate; if there was a violation of Labor Code, section 6310 found, it shall bring an action on behalf of 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. But what about attorney’s fees? … California Labor Code Section 6310 makes it unlawful for an employee to be retaliated against because the employee reported unsafe working conditions. While an employee can hire an attorney to represent him /her, this section of the labor code does not provide for an award of attorney's fees … Labor Code section 6312 provides an administrative remedy for an employee who is discharged in violation of Labor Code section 6310. ... Browning-Ferris Industries of California, Inc. & CA Labor Code § 6310. Franklin v. Monadnock Co. Nelson v. United Technologies. Labor Code section 98.6 is a statute which authorizes the Labor Commissioner to investigate and prosecute cases for specific labor violations. For more detailed codes research information, including annotations and citations, please visit Westlaw . Additionally, claims brought under Section 1102.5 of the Labor Code, which prohibits employers from making, adopting, or enforcing a rule, regulation, or policy preventing an employee from disclosing information that the employee believes involves a violation of a law, have traditionally not been subject to attorney’s fees in court. The employer may also be held responsible for the Labor Commissioner's attorney's fees. ... An employee who stands up to wrongdoing deserves to have a lawyer who will fight for justice, visit Malatesta Law today to speak to a seasoned whistleblower attorney. Labor Code Sections 6310 & 6311. 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