Cal-Peculiarities: How California Employment Law is Different - 2024 Edition

©2024 Seyfarth Shaw LLP  www.seyfarth.com 2024 Cal-Peculiarities | 291 LC § Description Penalty 1102.5 Whistleblower Protection. Employers must not adopt or enforce rules against providing information to (a) state or federal agencies, (b) a person with authority over the employee, or (c) another employee who has authority to investigate, discover, or correct the violation or noncompliance, or against providing information to, or testifying before, any public body conducting an investigation, hearing, or inquiry, if the employee providing the information has reasonable cause to believe the information discloses a violation of state or federal statute, or a violation of or noncompliance with a local, state, or federal rule or regulation, regardless of whether disclosing the information is part of the employee’s job duties. Employers must not retaliate against an employee for engaging in these activities, where the employee has reasonable cause to believe the information discloses violation of state or federal statute or noncompliance with a regulation, regardless of whether disclosing the information is part of the employee’s job duties. Employers must also not retaliate against an employee because the employee is a family member of a person who has, or is perceived to have, engaged in any acts protected by this section. LC 1102.5(f): civil penalty (for an employer that is a corporation or LLC) up to $10,000 per violation 6310 No Discrimination vs. Safety Whistleblowers. Employers must not discharge or discriminate against employees who bring safety complaints either to employer or to administrative agency, or employee’s representative (i.e., union), who start or participate in proceedings to enforce safety rights, or who participate in an occupational health and safety committee pursuant to an IIPP under section 6401.7. Employers also must not retaliate against an employee because the employee is a family member of a person who has—or is perceived to have—engaged in bringing safety complaints. LC 2699 6311 No Discipline for Refusal to Work in Violation of Safety Laws Where Violation Would Create Hazard. Employers must not discharge, lay off, or fail to pay employees who refuse to work because of violation of safety or health law, where violation would create real and apparent hazard to any employee. LC 2699 7.25.14 Safety conditions LC § Description Penalty 2260 Sanitary Facilities. All employers must comply with sanitary facilities standards adopted by the Occupational Safety & Health Standards Board. LC 2699 2350 Workplace Free from Effluvia and With Sufficient Toilets. Employers must provide a clean workplace free of foul smelling vapors, and must provide sufficient number of bathrooms; If there are five or more employees who are not all of the same gender, sufficient gender-designated bathrooms must be provided. LC 2699 2351 Proper Ventilation. Every factory or workshop operator must ventilate every workplace to prevent injury to employee health by injurious vapors, gases, dust, or other impurities generated by the work. LC 2699

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