What Protections Do Whistleblowers Have Under California Labor Code 6310?

A whistleblower is someone who exposes illegal, unethical, or improper activities within an organization, whether in a private company or a government entity. California has several whistleblower laws that prevent retaliation against employees who make protected disclosures.

Labor Code § 6310 specifically protects employees from retaliation when reporting workplace safety concerns. It clearly states that employers cannot retaliate or discriminate against employees for reporting violations of workplace safety and health standards.

What Activities Are Protected Under Labor Code 6310?

Protected activities under Labor Code 6310 include:

• Reporting unsafe workplace conditions or practices to government entities like Cal/OSHA or directly to the employer.
• Instituting or participating in any proceedings related to workplace safety.
• Testifying or preparing to testify in a proceeding regarding unsafe conditions.
• Participating in an occupational health and safety committee.
• Reporting work-related illness, injury, or death.

Good Faith Complaints and Future Reporting Protections

California courts have determined that employees are entitled to Labor Code 6310 protections if they make a good faith complaint based on a reasonable belief that safety violations are occurring. Additionally, an employee does not need to actually file a report for these protections to apply. Employers cannot terminate or retaliate against an employee based on the belief that the employee may make a report in the future, whether or not a report is eventually made.

What Constitutes Retaliation or Workplace Discrimination?

Retaliation or workplace discrimination can include:

• Termination.
• Demotion.
• Reduction in pay or hours.
• Harassment.
• Reassignment to undesirable tasks.
• Unjustified negative performance evaluations.
• Denial of benefits such as sick leave or vacation time.
• Denial of promotions or opportunities.
• Threats or intimidation.
• Blacklisting with other employers.

What Should Employees Do If They Face Retaliation?

Employees who believe their employer has violated Labor Code 6310 should document the incidents and report them to the appropriate authorities, such as Cal/OSHA. It’s also essential to seek legal advice from an employment law attorney to protect their rights and hold employers accountable.

At TONG LAW, our experienced employment law attorneys are here to advocate for your rights and help you through the legal process.