Sacramento, CA — Employees in California who have “reasonable concerns about health and safety violations” would be allowed to refuse work while still receiving full pay, under legislation introduced in late February.
Current California code protects against firing for refusing unsafe work, but “significant limitations” remain, says bill sponsor Assemblymember LaShae Sharp-Collins (D-La Mesa) in a fact sheet on A.B. 1371.
She continues: “The law requires workers to prove both that they believe there is a labor law violation and that a ‘real and apparent’ hazard exists. But the definition of ‘real and apparent’ is vague and subjective. In practice, meeting the conditions to actually utilize this law is incredibly difficult and rarely achieved.
“Despite existing protections, many workers remain unable to exercise their right to refuse unsafe work because current law does not provide a right to refuse work with pay, making it financially infeasible for most workers. Many workers feel financial pressure to continue working despite hazardous conditions.”
The bill, which includes anti-retaliation provisions, has been referred to the California Assembly’s Labor and Employment Committee.
