Posts Tagged ‘work rights’
CAUTIONARY TALES EPISODE 28
EEOC Settles Female Miner Discrimination and Retaliation Case For $690,000 The U.S. Equal Employment Opportunity Commission (EEOC) has announced the $690,000 resolution of its gender-based lawsuit against Alaska gold mining outfit Northern Star LLC, formerly Sumitomo Metal Mining Pogo (Pogo). The government alleged Pogo discriminated against female underground miner Hanna Hurst by refusing to promote her despite promoting male […]
INDEPENDENT CONTRACTORS, CALIFORNIA’S ENDANGERED SPECIES
Labor Commissioner Broadens Application of Dynamex Decision In Dynamex Operations West, Inc. v. Superior Court (2018), the California Supreme Court adopted a strict “ABC test” redefining “independent contractor”: The worker is free from the hirer’s control and direction in connection with the performance of the work, both under the contract in fact; The worker performs […]
CAUTIONARY TALES EPISODE 26
Playa Vista Car Wash Takes a Dunking for $2.36 Million “Wage Theft” On April 17, 2019, the Labor Commissioner’s Office announced a $2.36 million citation — the largest issued against a car wash business to date — against Playa Vista Car Wash along with its president and general manager for failing to properly pay or provide required […]
CHECK OR DEBIT CARD
Changes to California’s Mandatory Workplace Pamphlets on State Benefit Programs California employers must provide certain government-issued pamphlets or information sheets to new hires, to employees on certain types of leaves of absence, and to workers upon termination of employment. The California Employment Development Department (EDD) — overseeing unemployment and disability benefits, payroll tax collection, and […]
FOR WHOM THE BELL TOLLS…
KNOCK, KNOCK When It’s Your Turn For a Government Payroll Audit For California, the Employment Development Department (EDD) is responsible for the administration of unemployment and disability insurance, workforce training services and payroll audits. The agency has the power to impose significant, potentially fatal penalties for non-compliance. An EDD visit to look over pay practices […]
HAIRSTYLE DISCRIMINATION
California Aims to Protect Workers Against Race-Based Natural Hairstyle Bias Federal, state and local laws have long banned workplace racial discrimination. A recent trend seeks to expand such protections to various race-based traits, particularly certain hairstyles. Under California’s now-pending Senate Bill (SB 188), workplace dress or grooming policies prohibiting natural hairstyles, including Afros, braids and […]
CAUTIONARY TALES EPISODE 25 RUBBER CHECKS AND UNPAID WAGES REBOUND ON CONSTRUCTION COMPANY
In another rebuke to the construction industry, the Labor Commissioner has cited RDV Construction, a Los Angeles County subcontractor, $12 million for wage theft violations involving more than a thousand workers. The Carpenters Contractors Cooperation Committee, a non-profit labor-management organization, assisted in bringing those violations to light. RDV provided crews on 35 mixed-use, apartment, and […]
DFEH CHARGED SAN DIEGO CREDIT UNION WITH FAILING TO ACCOMMODATE DISABLED EMPLOYEE
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 disability-related accommodation. The employer must have timely, good faith and ongoing discussions to explore if and how to reasonably accommodate the physically or mentally disabled worker’s ability to perform the essential functions of his or her job. Failure to do so can be a costly error.
WHAT’S NEW FOR 2019 CALIFORNIA’S INCREASED PROTECTIONS AGAINST WORKPLACE HARASSMENT
In addition to the safeguards we have recently reported, the California legislature has enacted other significant “Me-Too”-inspired legislation effective January 1, 2019 to further prevent workplace harassment and encourage those targeted to prevail on their claims: Optional Bystander Intervention Training Authorized. Employers may, but are not required to, provide bystander intervention training and guidance to […]
NEW NOTICE POSTING REQUIREMENTS FOR BARBERS AND COSMETOLOGISTS
CUTTING TO THE CHASE – New Workplace Posting Requirements for California’s Salon Industries, Effective July 1, 2017 Starting July 1, 2017, California’s Board of Barbering and Cosmetology (BBC) requires its licensees – including hair salons, nail salons, estheticians, and barbers — to post a special Labor Commissioner notice on applicable employment laws. The notice includes information […]