Code Section

Labor Code - LAB

DIVISION 5. SAFETY IN EMPLOYMENT [6300 - 9104]

  ( Division 5 enacted by Stats. 1937, Ch. 90. )
  

PART 1. OCCUPATIONAL SAFETY AND HEALTH [6300 - 6725]

  ( Heading of Part 1 amended by Stats. 1973, Ch. 993. )
  

CHAPTER 1. Jurisdiction and Duties [6300 - 6332]
  ( Heading of Chapter 1 amended by Stats. 1973, Ch. 993. )

  
6311.  

No employee shall be laid off or discharged for refusing to perform work in the performance of which this code, including Section 6400, any occupational safety or health standard, or any safety order of the division or standards board will be violated, where the violation would create a real and apparent hazard to the employee or their fellow employees. Any employee who is laid off or discharged in violation of this section or is otherwise not paid because the employee refused to perform work in the performance of which this code, any occupational safety or health standard, or any safety order of the division or standards board will be violated and where the violation would create a real and apparent hazard to the employee or their fellow employees shall have a right of action for wages for the time the employee is without work as a result of the layoff or discharge. Notwithstanding Section 6303 or other law, as used in this section, “employee” includes a domestic work employee, except for a person who performs household domestic service that is publicly funded, including publicly funded household domestic service provided to a recipient, client, or beneficiary with a share of cost in that service.

(Amended by Stats. 2020, Ch. 288, Sec. 2. (AB 2658) Effective January 1, 2021.)