Is California’s “Paid Family Leave” a Protected Leave of Absence? Employers are sometimes uncertain how to properly respond to an employee’s request for Paid Family Leave because the name is somewhat misleading. Some unpaid “leaves of absence” (for example for medical conditions or family emergencies) are legally “protected,” meaning the employer must accept the eligible […]
Spa Nailed for $1.2 Million, “Wage Theft” The California Labor Commissioner’s Office has announced large citations against Young’s Nail Spa in Temecula, for misclassification of 36 workers as independent contractors and for wage theft, paying by the service instead of paying them hourly and overtime in spite of 50-hour weeks. The salon was also […]
Drywall Company Plastered With Nearly $2 Million in Citations The Labor Commissioner has again looked to the construction industry for its latest round of wage theft citations. A July 24, 2018 release announces that Fullerton Pacific Interiors, Inc. will have to pay over $1.9 million for underpaying several hundred workers over a nearly two-year period. […]
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 […]
California Employers May Disclose Sexual Harassment Allegations to Prospective Employers Defamation refers to the laws that make someone accountable for harming another’s reputation through the spread of falsehoods either verbally (slander) or in writing (libel). Alleged sexual harassers have sued employers and sometimes victims for defamation in connection with statements made in a sexual harassment complaint […]
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 […]
Builders are on the Line When Subcontractors Underpay Employees The latest installment of California’s “wage theft” campaign targets the construction industry. On July 9, 2018, Labor Commissioner Julie Su announced citations against TB Penick & Sons, Inc. (Penick), a San Diego general contractor and its subcontractor Champion Construction, Inc. (Champion), a drywall and framing contractor […]
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, […]
646,000 Reasons to Pay Final Wages on Time Continuing her “Wage Theft is a Crime” crusade against employers who fail to pay workers all compensation in a timely fashion, the Labor Commissioner announced citations against Vista Santa Rosa, Inc., a San Bernardino farm labor contractor, and seven of its client employers, who failed to give […]
What to Do When an Employee Refuses to Sign a Disciplinary Notice Businesses must discipline their employees fairly and consistently in accordance with company policy. An employer should keep proper records of poor performance and misconduct in the worker’s personnel file, including text messages, emails, and formal warnings, along with documentation of the employer’s attempt […]