California Legislature—2015–16 Regular Session

Assembly BillNo. 1509

Introduced by Committee on Labor and Employment (Assembly Members Roger Hernández (Chair), Chu, Low, McCarty, and Thurmond)

March 4, 2015

An act to amend Section 6310 of the Labor Code, relating to occupational safety and health.


AB 1509, as introduced, Committee on Labor and Employment. Occupational safety and health: complaints: retaliation.

Under existing law, it is unlawful to discharge or discriminate against an employee for making a complaint regarding employee safety or health, instituting or testifying in a proceeding under his or her rights, participating in an occupational health and safety committee, or refusing to perform work in violation of any occupational safety or health standard or safety order. Existing law further requires the reinstatement and reimbursement, as specified, of an employee who was discharged or discriminated against in the terms or conditions of his or her employment, in violation of these provisions. Existing law makes it a misdemeanor for an employer to willfully refuse to rehire, promote, or otherwise restore an employee who has been determined to be eligible for rehiring or promotion, as specified.

This bill would make technical, nonsubstantive changes to these provisions.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

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Section 6310 of the Labor Code is amended to



(a) begin deleteNo end deletebegin insertA end insertperson shallbegin insert notend insert discharge or in any manner
4discriminate against any employee because the employee has done
5any of the following:

6(1) Madebegin delete anyend deletebegin insert anend insert oral or written complaint to the division, other
7governmental agencies having statutory responsibility for or
8assisting the division with reference to employee safety or health,
9his or her employer, or his or her representative.

10(2) Instituted or caused to be institutedbegin delete anyend deletebegin insert aend insert proceeding under
11or relating to his or her rights or has testified or is about to testify
12in the proceeding or because of the exercise by the employee on
13behalf of himself, herself, or others of any rights afforded him or

15(3) Participated in an occupational health and safety committee
16established pursuant to Section 6401.7.

17(b) begin deleteAny end deletebegin insertAn end insertemployee who is discharged, threatened with
18discharge, demoted, suspended, or in any other manner
19discriminated against in the terms and conditions of employment
20by his or her employer because the employee has made a bona fide
21oral or written complaint to the division, other governmental
22agencies having statutory responsibility for or assisting the division
23with reference to employee safety or health, his or her employer,
24or his or her representative, of unsafe working conditions, or work
25practices, in his or her employment or place of employment, or
26has participated in an employer-employee occupational health and
27safety committee, shall be entitled to reinstatement and
28reimbursement for lost wages and work benefits caused by the acts
29of the employer.begin delete Anyend deletebegin insert Anend insert employer who willfully refuses to rehire,
30promote, or otherwise restore an employee or former employee
31who has been determined to be eligible for rehiring or promotion
32by a grievance procedure, arbitration, or hearing authorized by
33law, is guilty of a misdemeanor.