CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 1424

Introduced by Assembly Member Jones-Sawyer

February 17, 2023

An act to amend Section 6311 of the Labor Code, relating to occupational safety and health.


LEGISLATIVE COUNSEL'S DIGEST


AB 1424, as introduced, Jones-Sawyer. Occupational safety and health: cannabis delivery employee.
Existing law prohibits an employee from being laid off or discharged for refusing to perform work in violation of prescribed safety standards, where the violation would create a real and apparent hazard to the employee or fellow employees. Existing law creates a cause of action for wages for the time an employee laid off or discharged for a refusal is without work as a result. Existing law authorizes an employee who believes they have been discharged or otherwise discriminated against in violation of that provision to file a complaint with the Labor Commissioner, as specified.
This bill would prohibit a cannabis delivery employee, as defined, from being laid off, discharged, or subject to an adverse employment action for refusing to perform work in violation of prescribed safety standards or work that would create a real and apparent hazard to the employee or fellow employees. The bill would create a cause of action for wages for the time an employee is without work as a result of a violation of that bill provision and would authorize an employee who believes they have been discharged or otherwise discriminated against in violation of that bill provision to file a complaint with the Labor Commissioner, as specified.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 6311 of the Labor Code is amended to read:

6311.
 (a) No An employee shall not be laid off or discharged for refusing to perform work in the performance of which this code, including Section 6400, any an occupational safety or health standard, or any a safety order of the division or standards board will be violated, where the violation would create a real and apparent hazard to the employee or their fellow employees. Any employee who is laid off or discharged in violation of this section or is otherwise not paid because the employee refused to perform work in the performance of which this code, any an occupational safety or health standard, or any a safety order of the division or standards board will be violated and where the violation would create a real and apparent hazard to the employee or their fellow employees shall have a right of action for wages for the time the employee is without work as a result of the layoff or discharge. Notwithstanding Section 6303 or other law, as used in this section, “employee” includes a domestic work employee, except for a person who performs household domestic service that is publicly funded, including publicly funded household domestic service provided to a recipient, client, or beneficiary with a share of cost in that service.
(b) A cannabis delivery employee shall not be laid off, discharged, or subject to an adverse employment action for refusing to perform work that would violate this code, an occupational safety or health standard, or a safety order of the division or standards board or for refusing to perform work that would create a real and apparent hazard to the employee or their fellow employees. A cannabis delivery employee who is laid off, discharged, or otherwise not paid because the employee refused to perform work that would violate this code, an occupational safety or health standard, or a safety order of the division or standards board or for refusing to perform work that would create a real and apparent hazard to the employee or their fellow employees shall have a right of action for wages for the time the employee is without work as a result of the adverse employment action. For purposes of this subdivision, “cannabis delivery employee” means an employee of a retailer, microbusiness, or nonprofit, licensed pursuant to Division 10 (commencing with Section 26000) of the Business and Professions Code, delivering cannabis or cannabis products.