Author Archive
AVOIDING ACCESS DISTRESS
Akin to a speeding ticket, a former (or current) worker’s demand to see his employment records will likely come in due time to any employer. If the request arrives on an attorney’s letterhead, it will probably seek to create pressure by citing deadlines imposed by one or another California laws. Knowing the score – including ability to see when that lawyer is overreaching – can reduce the stress of the process.
EMPLOYERS LOSE FOOD FIGHT
If an employee misses one or more off-duty meal breaks by the press of a day’s work, California Labor Code 226.7 requires the employer to pay an additional one-hour “break premium.” The same is true for any day that work demands cause an employee to miss one or more off-duty rest breaks.
CAUTIONARY TALE EPISODE 59
NO CONFINED SPACE CANARY
On investigating a worker’s death at Valero Refinery of Benicia, Cal/OSHA cited the refinery and three contractors $1,753,375 for willful and serious safety violations. Serious violations are hazards posing “a realistic possibility . . . of death or serious physical harm.” Willful violations are failures to “remediate a known hazard” or knowing violations of the law.
CAUTIONARY TALE EPISODE 58
DON’T MESS WITH THE HAIRLESS
Bald men – at least in the United Kingdom – can seek recourse against unwelcome workplace jokes or taunts about their follicly-challenged appearance.
PROPER FASHION POLICING
To promote business image, California employers may dictate reasonable workplace dress and grooming standards. Yet, managers cannot be dictators if certain protected worker preferences are in play.
CAUTIONARY TALE EPISODE 57
CAR WASH DUSTED
The California Labor Commissioner has again looked under the hood of the car wash industry, citing Torrance Car Wash more than $800,000 for wage theft violations affecting 35 workers, including minimum wage, overtime and meal and rest breaks.
CAUTIONARY TALE EPISODE 56
PARTY POOPER PAYOFF
Those who dread that mass of co-workers annually aiming a horrible rendition of “happy birthday” in his or her direction can now take heart. They are not alone. A Kentucky jury has awarded a man $450,000 for his employer’s alleged failure to prevent a panic attack triggered by an at-work celebration of his birthday.
MORE DISCRIMINATION PROTECTIONS COMING?
Pending Assembly Bill (AB) 2182 would add “family responsibilities”— “the obligations of an employee or applicant to provide care for a minor child or care recipient” – to the ever-growing list of classes protected from discrimination by employers with five or more employees under the Fair Employment and Housing Act.
WHAT’S NEW IN 2022
KICKIN’ CORONA
California employers are still not out of the heavily-regulated pandemic woods. On April 21, 2022, the Occupational Safety and Health Standards Board approved the third amendment to Cal/OSHA’s COVID-19 Prevention Emergency Temporary Standards (ETS).
CAUTIONARY TALE EPISODE 55
CHICKENS ROOSTED
The California Labor Commissioner has cited Foster Farms and its staffing agencies $3,783,800 for failing to notify nearly 3,500 temp workers of COVID-19 supplemental paid sick leave benefits (SPSL).