Other Legally Protected Conduct Pursuant to California Statutes
In addition to the list of protected conduct listed on the main Retaliation practice area page, the following is a continued, non-exhaustive list of things an employee would do that the law makes legally-protected conduct:
- Discussing workplace conditions or refusing to sign a waiver or other document that purports to require the employee to not discuss working conditions with others. Labor Code §232.5.
- Engaging in or participating in politics or becoming a candidate for public office. Labor Code §1101.
- Taking time off to serve on a jury if the employee gave the employer reasonable notice for the leave. Labor Code §230(a).
- Where the employee was the victim of a crime, taking time off to appear in court to comply with a subpoena or court order as a witness in a judicial proceeding. Labor Code §230(b).
- Taking time off from work to obtain relief to help ensure health, safety or welfare for themselves or their children after the employee was a victim of domestic violence, sexual assault or stalking. Labor Code §230(c).
- Taking time off from work to perform emergency duty as a volunteer firefighter, a reserve peace officer, or an officer, employee, or member of a disaster medical response entity sponsored or requested by the State. Labor Code §230.3.
- For an employee who is the parent or guardian of a pupil, taking time off from work to appear in the pupil’s school at the request of the pupil’s teacher, if the employee, prior to taking the time off, gives reasonable notice to the employer that he or she is requested to appear at the school. Labor Code §230.7 and Education Code §48900.1
- For an employee who is a parent (including stepparent, foster parent, or person who stands in loco parentis to the child), guardian, or grandparent, and who is employed by an employer who employs 25 or more employees, taking time off from work (up to 40 hours each year, not exceeding eight hours in any calendar month) to participate in activities of the child’s school, for school emergencies, or to locate or enroll the child in school or with a child care provider. Labor Code §230.8
- Where the employer has at least 25 employees, seeking reasonable accommodations to allow the employee to enter into an alcohol or drug rehabilitation program. Labor Code §1025-1028.
- Refusing to work hours in excess of those permitted in the Industrial Welfare Commission Wage Orders. Labor Code §1198.3.
- Taking time off to donate an organ or bone marrow to another person. Labor Code §1512.
- Complaining about workplace safety or health conditions or practices, or instituting or causing to be instituted any proceeding relating to the employee’s rights to safe and healthful working conditions, or testifying in any such proceeding. Labor Code §6310.
- Refusing to perform work that would violate any occupational safety or health standard, or any safety order where the violation would create a real and apparent hazard to the employee or her or his co-workers. Labor Code §6311.
- Refusing to lift, reposition, or transfer a patient due to a health care worker’s concerns about patient or worker safety or because of the lack of trained lift team personnel or equipment. Labor Code §6403.5.
- Complaining about the violation of any licensing or other laws relating to child day care facilities, instituting any proceeding against the employer relating to the violation of any licensing or other laws, appearing as a witness or testifying in a proceeding relating to the violation of any licensing or other laws, or refusing to perform work in violation of a licensing or other law or regulation after notifying the employer of the violation. Health and Safety §§1596.881, 1596.882.
If you have any questions about discrimination, harassment, wages and breaks violations, wrongful termination, or medical leave violations in California, contact our experienced team at Pedersen Law today.