California Codes

Cal. Labor Code § 6312 (2026)

Jurisdiction and Duties

✓ current as of May 2026
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Any employee who believes that he or she has been discharged or otherwise discriminated against by any person in violation of Section 6310 or 6311 may file a complaint with the Labor Commissioner pursuant to Section 98.7.

Notes of Decisions
Cited in 9 cases (2 in the last 5 years), 1959–2023 · leading case: Pac. Legal Found. v. Brown, 624 P.2d 1215 (Cal. 1981).
Pac. Legal Found. v. Brown, 624 P.2d 1215 (Cal. 1981). · cites it 2× “In like manner, Labor Code section 6312 gives the Division of Labor Law Enforcement the power to investigate and seek relief for an employee whom it finds has been discharged for filing safety claims with the Labor Commissioner.”
Campbell v. Regents of Univ. of California, 106 P.3d 976 (Cal. 2005). “(Lab. Code, § 6312 [upon complaint, Division of Labor Standards Enforcement shall investigate; if a violation of Labor Code, section 6310 is found, it shall bring an action on behalf of employee for back wages and injunctive relief].”
Hentzel v. Singer Co., 35 A.L.R. 4th 1015 (Cal. Ct. App. 1982). “” Labor Code section 6312 provides: “Any employee who believes that he has been discharged or otherwise discriminated against by any person in violation of Section 6310 or 6311 may, within 30 days after the occurrence of the violation, file a complaint with the Labor…”
Hejmadi v. Amfac, Inc., 202 Cal. App. 3d 525 (Cal. Ct. App. 1988). “) Although an administrative remedy has been afforded (Lab. Code, § 6312), Hentzel v. Singer Co.”
McKenna v. Permanente Med. Grp., Inc., 894 F. Supp. 2d 1258 (E.D. Cal. 2012). “” Defendants challenge the FAC’s lack of allegations that Ms. McKenna exhausted CBA grievance procedures.”
Hyde v. Russell & Russell, Inc., 176 Cal. App. 2d 578 (Cal. Ct. App. 1959). “Labor Code, sections 6312 and 6500, constitute a broad delegation by the Legislature to the Division of Industrial Safety of power to supervise places of employment and promulgate safety orders, rules and regulations reasonably related to the protection of employees in places of…”
Lopez-Rodriguez v. Kern Med. Surgery Ctr., LLC (E.D. Cal. 2022). · cites it 2× “” Cal. Lab. Code § 6312 (West 2022) (emphasis added).”
Khdrlaryan v. Olympia Med. Ctr. CA2/3 (Cal. Ct. App. 2013). · cites it 2× “” Labor Code section 6312 authorizes an employee to “file a complaint with the Labor Commissioner” if she “believes that [] she has been discharged or otherwise discriminated against by any person in violation of Section 6310 or 6311 .”
Horton v. Cauley (N.D. Cal. 2023). “It provides: 2 Any employee who believes that he or she has been discharged or otherwise 3 discriminated against by any person in violation of section 6310 or 6311 may file a complaint with the Labor Commissioner pursuant to section 98.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.