EmploymentQuestion 1097 of 1632

Under Labor Code §6310, an employee who complains to the employer about a genuine job-safety hazard is protected from:

a.Being assigned that same task ever again
b.Working with that supervisor ever again
c.Discharge or discrimination for it
d.Any change at all in his job duties

Explanation

Labor Code §6310(a) bars discharge or discrimination against an employee for making a bona fide oral or written complaint of unsafe or unhealthful conditions, to the employer, to a union, or to Cal/OSHA, and §6310(b) provides reinstatement and lost wages. What it protects is the complaint, not the assignment. (a) and (d) read the protection as a shield against reassignment generally - an employer may still direct the work, and only an adverse action BECAUSE of the complaint is unlawful. (b) is the same error about supervisors. The one thing close to (a) is Labor Code §6311, which lets an employee refuse to perform work that would violate a safety standard and create a real and apparent hazard.

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

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