Labor Contractor Liability (AB 1897) – Fact Sheet
AB 1897 is a sweeping new law that will increase the liability of employers who contract for labor. The purpose of the law is to hold companies accountable for wage-and-hour violations of third party providers of workers when those third party providers provide workers to a "client employer."
Fact Sheet: AB 1522 Paid Sick Leave Mandate
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AB 1522, the Healthy Workplaces, Healthy Families Act (Gonzalez, D-San Diego) imposes a new obligation on virtually all California employers to furnish employees with paid sick leave. The purpose of AB 1522 is to prevent ill workers from working, spreading sickness to coworkers and to customers with whom they may come into contact, and to facilitate workers seeking medical treatment and attending to a variety of other personal needs.
New California Whistleblower Notice
Due to recently enacted changes to the California Labor Code, California employers are required to post a revised version of the state's notice on the rights of "whistleblowers" (individuals who enjoy legal protection when they disclose illegal activity, whether in employment situations or other business situations.)
California Becomes Second State to Offer Paid Sick Leave
California has became only the second state (after Connecticut) to guarantee at least some annual paid sick leave for most full and part-time employees. The bill, entitled the “Healthy Workplaces, Healthy Families Act,” (AB 1522, Gonzales, D-San Diego) passed with hefty majorities in the Assembly and Senate, and Governor Brown signed it on September 10.
Read more: California Becomes Second State to Require Paid Sick Leave
Notices for Employees Related to Health Plans
Employers are required to provide certain notices to employees, whether they provide health insurance to their employees or not; here is a brief summary of the notices you are required to provide:How to Handle an Employee’s Request for Accommodation
Courtesy Society of Human Resource Management (SHRM)
Introduction
Title I of the Americans with Disabilities Act (ADA) requires employers to provide reasonable accommodation to qualified applicants and employees with a disability unless the employer can demonstrate that doing so creates an undue hardship to the employer or poses a direct threat to the safety of the employee or others in the workplace. An accommodation may include a change to the work environment or to the way in which a job is usually performed.
Your Post - July 1 To-Do List
Legislators and Regulators are constantly changing the landscape for California farm employers. Here are a few things you should remember to do in July:
EPA WPA Pesticide Revisions
The U.S. Environmental Protection Agency is updating its Worker Protection Standard after more than 20 years.
Piece Rate Employees Must be Paid for All Time
In Gonzalez v. Downtown LA Motors, the court ruled that an employer may not conclude that an employee was paid at least minimum wage for all hours worked in a pay period if the employee's piece-rate earnings for that period divided by the number of hours in that period worked equals at least the California minimum wage of $8 an hour - at least where the employer directed the employee to also do non-piece-rate tasks.
Courts Invalidate NLRB Notice Post Rule
On Friday June 14, 2013 another court weighed in and for a second time concluded that the National Labor Relations Board ("NLRB" or "Board") posting rule is unenforceable. In Chamber of Commerce v. NLRB, the Fourth Circuit Court of Appeals held that the NLRB exceeded its authority in adopting the posting rule. The court reasoned that the NLRB’s role is a reactive one, intended to address unfair labor practice charges, and that the NLRB exceeded this role when it acted in a proactive manner adopting a workplace posting rule. The most recent Fourth Circuit decision is here.