EmploymentQuestion 557 of 1632

Labor Code §6310 protects employees from retaliation when they:

a.Ask for a raise after finishing the hazardous-materials course
b.Refuse an assignment because the crew is short-handed that day
c.Report a competitor's unlicensed crew to CSLB enforcement
d.Complain to the employer or Cal/OSHA about unsafe conditions

Explanation

Labor Code §6310(a)(1) protects an employee who makes any oral or written complaint about employee safety or health — to the employer, to the Division, or to another agency that assists it — and §6310(b) adds reinstatement and lost wages when that employee is fired for it. A raise request is a wage matter; retaliation for it is reached by §98.6, not by §6310. Refusing work is protected by §6311 only where the work would violate a safety standard and create a real and apparent hazard, which being short-handed is not. And reporting another contractor's unlicensed crew is a licensing complaint about someone else, not a complaint about the reporter's own working conditions.

Law Reference: Labor Code §6310(a)(1), (b); §6311

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