NLRB Ruling To Help Determine Who is Responsible for Treatment of Subcontractors in Joint Employer Relationships
The National Labor Relations Board (NLRB) may rule by month’s end whether or not Browning-Ferris Industries, a Houston-based waste-disposal company, is responsible for the treatment of its contractor’s employees. If the NLRB concludes that Browning-Ferris is a joint employer of workers provided to the firm by a staffing agency, the company would be forced to collectively bargain with those employees and could be held liable for any labor violations committed against them.
A regional NLRB director initially ruled
LGBT Discrimination in the Workplace
The Equal Employment Opportunity Commission (EEOC) is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or an employee because of the person’s race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. These federal laws also prohibit employers from retaliating against workers who oppose discriminatory employment practices.
Over the past year the EEOC has shifted its position on the
Labor Violations Against Foreign Workers
The U.S. Department of Labor’s H-2 visa program invites foreign workers to do some of the most menial labor in America. These foreign workers are then left at the mercy of their employers as they work on a temporary basis. This arrangement is economically advantageous for employers and it gives foreign workers an opportunity to earn wages they might not earn otherwise. However, there are major drawbacks as a result of
Disability Discrimination Case
Higgins-Williams v. Sutter Med. Found., 237 Cal. App. 4th 78 (2015)
California employers should take notice of the conclusion drawn in the Higgins-Williams case–an employee’s claimed inability to work under a supervisor because of the supervisor’s causing the employee anxiety and stress during standard oversight of the employee’s performance, does not entitle the employee to a viable claim for disability discrimination under the California Fair Employment and Housing Act (FEHA).
Michaelin Higgins-Williams worked as a clinical assistant in
New California Law Expands Retaliation Coverage
On July 16, 2015, Governor Brown signed into law AB 987, amending the California Fair Employment and Housing Act (FEHA). AB 987 was proposed and signed into law in response to a recent California Court of Appeal decision in Rope v. Auto-Clor System of Washington, Inc., 220 Cal. App. 4th 635 (2013). The amendment confirms what many already believed to be the law–employers and other covered entities cannot retaliate against employees or other persons who request a religious accommodation or an accommodation for a disability.
Effective on January 1, 2016, AB 987 prohibits an employer or other covered entity from retaliating or otherwise discriminating against a person for requesting accommodation of his or her disability or religious beliefs, regardless of whether the
Federal and state employment laws often work in tandem to set standards, provide legal protection, and regulate employer and employee matters. Throughout the years, Kingsley & Kingsley (Encino, CA) has provided effective representation for clients with employment issues in Los Angeles and throughout California.
An experienced attorney can help you understand your rights under federal and California laws. Employment and labor laws set the legal parameters for employment contracts, torts, equal employment opportunities, wages and hours, health and safety, and employee benefits, along with union organization and collective bargaining. To fight illegal employer practices, you
U.S. Department of Labor Announces that Most Workers Are “Employees”
On July 15, 2015, the Wage and Hour Division of the United States Department of Labor (“DOL”) issued an administrator’s interpretation, or guidance document on employee and independent contractor classification under the Fair Labor Standards Act (“FLSA”). Stating that the key consideration in classification decisions is whether the worker is economically dependent on a business, the DOL emphasized its view that most workers are employees under the FLSA.
Employers should be aware that the DOL will apply a
Effective August 3, 2015, OSHA’S New Rule Increases Protection for Construction Workers in Confined Spaces
The Occupational Safety and Health Administration (OSHA) recently issued its final rule that provides increased protections to those working in confined spaces on construction projects. The new regulation covers building construction sites, highways, bridges, tunnels, utility lines, and other types of construction sites. The new rule includes a requirement that multiple employers share vital safety information and continuously monitor hazards while more responsibility is placed on the controlling employer to ensure compliance by subcontractors and visitors to a construction site.
The new rule, which goes into effect on
Adds to the Growing Number of Cities Who Have Enacted Such Ordinances
Emeryville, a small city in Alameda County and home to Pixar Animation Studios, joins San Francisco, Oakland and other cities across the nation that have enacted paid sick leave ordinances. On June 2, 2015, the Emeryville City Council adopted its Minimum Wage and Paid Sick Leave Ordinance that went into effect on July 1, 2015.
The Ordinance provides for a higher citywide minimum wage and additional paid sick leave provisions than required by the State of California:
- Minimum wage will increase to $12.25 per hour for Small Businesses (employers with 55 or fewer employees)
- Minimum wage will increase to $14.44 for Large Businesses (employers with 56 or more employees)
Paid Sick Leave
In addition to minimum wage increases, any employee who
Recent headlines about the transformation of Bruce Jenner to Caitlyn Jenner not only raised eyebrows of reality TV fans–it raised a significant number of employment related concerns about gender identification and related discrimination, such as:
- How does dress code enforcement change?
- Which bathroom should be used by a transgender employee?
- How should employees address someone who identifies with the gender opposite to that with which they were born?
- How do employers prevent hostile work environments?
California law protects against discrimination based on employees’ gender identity and gender expression characteristics. As such, employers and employees alike should be aware of the