Workplace Illness and Injury Prevention Programs are Mandatory in California On July 10, 2018, Cal/OSHA issued a press release that is a stark reminder of the need for an Illness and Injury Prevention Program (IIPP) both on paper and in practice. Cal/OSHA cited SSA Pacific Inc., a marine cargo handler in San Diego, for safety […]
2018 California Wage Orders Overview The California Department of Industrial Relations (DIR) through the California Industrial Welfare Commission (IWC) created and continues to refine 17 wage orders (Wage Orders) to regulate employee pay and working conditions by applicable industry or occupation. For example, Wage Order 4 applies to professional, technical, clerical, and mechanical occupations; Wage […]
Summer is Here – Are Your Outdoor Workers Protected from Heat Illness? Summer is upon us, time for seasonal measures to protect workers from heat illness. California’s Occupational Safety & Health Standards Board (OSHSB) 2015 regulations set the standards. See, New Heat Illness Prevention Measures Now in Place (May, 2015); Employers Must Chill (April 11, […]
$10 Million in Citations Against Seven Restaurants For Wage Violations On June 7, 2018, the California Labor Commissioner announced citations totaling $10 million against seven San Francisco bay area restaurants that failed to pay proper wages to a total of 431 workers. Citations against Kome Japanese Seafood & Buffet in Daly City exceeded $5.16 million […]
Class Action Waivers Upheld in Employment Arbitration Agreements In a rare victory for employers, the U.S. Supreme Court recently ruled that companies may require workers, as a condition of employment, to sign arbitration agreements that waive the right to participate in workplace-related class action claims. Epic System Corp. v. Lewis. An arbitration agreement is a […]
Independent Contractor Status in California Now Falls Under Radically Different Rules The California Supreme Court has issued a landmark decision drastically redefining who can be classified an independent contractor. Dynamex Operations West, Inc. v. Superior Court. The new criteria potentially expose tens of thousands of businesses who have relied on the old rules to legal […]
Figuring Out the Final Paycheck When a worker’s employment ends, what should be included in a final paycheck is determined by California’s laws, the employer’s specific policies in place during the employment period, and the circumstances of the employment ending. When an employer terminates a worker without advance notice, all wages and earned but unused […]
How to Handle Assistive Animals in the Workplace Upon arriving to work on Monday morning your customer service manager asks if she can bring her monkey to the office. Must management grant her request? It depends. If she needs the monkey to reasonably accommodate her disability, then the employer will most likely have to grant […]
Effectively Manage Paid Vacations No California employer is obligated to provide paid vacation time to its workers. However, such benefit is a common practice, promoting morale and productivity. Once a company grants paid vacation (for example, one week annually), it is considered an accruing benefit, i.e., an employee earns it gradually throughout the working year. […]
Compton School District Failed to Accommodate Disabled Teacher The California Fair Employment and Housing Act (FEHA) requires employers with five or more on payroll to engage in an “interactive process” with a worker requesting accommodation of a disability. The employer must have timely, good faith and ongoing discussions to explore if and how to reasonably […]