Georgia For more detailed codes research information, including annotations and citations, please visit Westlaw . Labor Code Sections 96(k) and 98.6 Labor Code section 96(k), which became law in 1999, provides that the California Labor Commissioner may assert claims on behalf of employees for loss of wages that may occur as the result of demotion, suspension, or discharge from employment for lawful conduct occurring during nonworking hours away from the employer's premises. By Meagan Sue O'Dell on June 29, 2016. LAB Code § 232.5 - 232.5. The most noteworthy of California’s whistleblower statutes is Labor Code section 1102.5, which protects employees who report or refuse to participate in unlawful conduct. The California Labor Commissioner is the Chief of the Division of Labor Standards Enforcement (the DLSE).⁠4 He or she is appointed by the governor of the State of California,⁠5 and is tasked with vigorously enforcing minimum labor standards in workplaces across the state. Labor Code Section 232 prohibits retaliation against an employee who discloses the amount of his or her wages. Read Section 232.50 - Burdens of Proof on Wages and Penalties, Cal. In order to choose between each one, the employee needs to analyze his or her claim. CA Labor Code § 232.5 (through 2012 Leg Sess) What's This? Labor Code section 232.5. Ohio Washington, US Supreme Court § 232.5 No employer may do any of the following: (a) Require, as a condition of employment, that an employee refrain from disclosing information about … North Carolina Cal. (a) Any employer who provides sick leave for employees shall permit an employee to use in any calendar year the employee’s accrued and available sick leave entitlement, in an amount not less than the sick leave that would be accrued during six months at the employee’s then current rate of entitlement, for the reasons specified in subdivision (a) of Section 246.5. To this end, the California legislature passed California Labor Code section 6310. Subsection (e) of Section 226 allows employees to request damage payments from employers who do not comply with Subsection (a) of Section 226. Code § 213). This section also forbids an employer from requiring an employee to sign a waiver of his/her right to disclose such information as a condition of employment. Labor Code section 923. Art. Labor Code Section 232. Labor Code 6310 LC – occupational health and safety reports. Indiana A Certificate of Compliance must be transmitted to OAL within 120 days or emergency language will be repealed on 8-7-90. No employer may do any of the following: (a) Require, as a condition of employment, that an employee refrain from disclosing information about the employer’s working conditions. (Amended by Stats. Game of Groans? Current through the 2016 Legislative Session. I - Legislative Cal. Another case that came down during our January downtime involved the enforceability of California Labor Code §§ 232 and 232.5, which protect the rights of employees to discuss their compensation and working conditions with coworkers without fearing retaliation from an employer. CA Labor Code § 232.5 (2017) No employer may do any of the following: (a) Require, as a condition of employment, that an employee refrain from disclosing information about the employer’s working conditions. Third Parties Attending Interactions with Employees. Labor Code §232. the Labor Code sections 970 and 972 were not applicable and hence the issue of. III - Judicial 17). For more detailed codes research information, including annotations and citations, please visit Westlaw . HISTORY . 225].) Read this complete California Code, Labor Code - LAB § 238.5 on Westlaw FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system . The Legislature’s intent is that employees should not bear losses or expenses incurred in the service of their employers. Creating a unique profile web page containing interviews, posts, articles, as well as the cases you have appeared in, greatly enhances your digital presence on search engines such Google and Bing, resulting in increased client interest. tit. Covenant Care (2002) 99 Cal.App.4th 1361 (plaintiff can assert wrongful termination claim under Labor Code § 232's prohibition against discipline for disclosing wages with other employees) remains viable. • “The construction of a statute and whether it is applicable to a factual situation. This statute was enacted to protect employees from wrongful termination in retaliation for employee complaints about health and safety in the workplace. Labor Code § 232.5 : California Labor Code — Employment Regulation And Supervision — Payment Of Wages — General Occupations — Disclosure of information regarding working conditions. A California federal district court has dismissed a plaintiff’s claims of whistleblower retaliation under the California Labor Code because his underlying complaint cannot reasonably be interpreted as disclosing an unsafe working condition or a violation of law, regardless of his subjective belief that he made such a complaint. This rule, embodied in California Labor Code Section 2802, prohibits employers from shifting their costs of doing business onto the backs of employees. Protections for nursing mothers in California were significantly expanded under a bill signed into law in October by Gov. Michigan Senate Bill 142 clarifies employer obligations to provide breaks and safe, private locations that include specified accommodations. No employer may do any of the following:(a) Require, as a condition of employment, that an employee refrain from disclosing information about the employer’s working conditions. 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