What is the test for damages under section 6310 of the California Labor Code when an employee makes a complaint about unsafe working conditions?

California, United States of America


The following excerpt is from Prather v. City of Los Angeles, B212533 (Cal. App. 1/25/2010), B212533. (Cal. App. 2010):

Labor Code section 6310, subdivision (b) provides in pertinent part: "Any employee who is discharged, threatened with discharge, demoted, suspended, or in any other manner discriminated against in the terms and conditions of employment by his or her employer because the employee has made a bona fide oral or written complaint to . . . his or her employer, . . . of unsafe working conditions, or work practices, . . . shall be entitled to reinstatement and reimbursement for lost wages and work benefits caused by the acts of the employer." This section thus permits an action for damages if an employee is discriminated against by his or her employer because of the employee's complaints about unsafe work conditions. (Daly v. Exxon Corp. (1997) 55 Cal.App.4th 39, 43-44.)

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