The Federal Motor Carrier Safety Administration (FMCSA) has issued an expanded national emergency declaration to exempt truck drivers of hours-of-service regulations, which require them to take regular rest breaks while driving and between shifts. According to news reports, this was done during a national emergency situation with the pandemic because large trucks are required to deliver important items such as medications, hand sanitizers and personal protective equipment for clinics and hospitals, which are on the front lines of battling the coronavirus. …Read the rest »
Category: Employment Law
Employment Law - Bisnar Chase Blog
Employers in California have a responsibility to follow laws that apply to their employees regarding how long they can work and the breaks that they are allowed to have. For example, Wage and Hour laws in California state that employees must be given 10 minute breaks every 4 hours, a 30-minute meal break every 5 hours, and 2 meal breaks every 12 hours. Employees must also be paid overtime for every fraction of the hour worked over 8 hours a day or over 40 hours a week.
Bisnar Chase provides updates on wage and hour situations on our blog so that our visitors will remain knowledgeable about companies that try to bend the rules and to not give their employees their rightful breaks and compensation. Find out more about employment and wage and hour law here.
The Trump Administration announced last week that it has loosened the federal government’s “joint employer” rule for businesses that use outside contractors for a variety of jobs. According to a report and analysis in the Los Angeles Times, this will make it more difficult for victims of wage theft at staffing agencies and subcontractors to sue companies where the violations occur. The rule also frees franchising companies from the responsibility for working conditions at their franchises. …Read the rest »
An Anaheim company that does inventory work for Trader Joe’s and Grocery Outlet is facing payments of back wages and fines totaling more than $1.6 million. According to a news report, the California Labor Commissioners Office made the announcement saying that Inventory Professionals have been ordered to reimburse 64 workers to whom the company failed to pay minimum wage, overtime and other types of compensation. …Read the rest »
Javier Jimenez Jr., 37, of West Covina, was fatally struck by a metal plate while working on an HVAC system at Disneyland early morning on Aug. 29. According to a news report in the Orange County Register, one of the man’s co-workers called for help around 3:20 a.m. The men, who worked for a third-party contractor, were in a backstage area installing chiller lines for the HVAC system. They were lowering a piece of equipment when it hit a beam and knocked over the metal plate. The plate struck the worker, who was in the trench, and knocked him over. …Read the rest »
Senate and signed by Governor Newsom. According to a report in the San Francisco Chronicle, hundreds of thousands of independent contractors ranging from Uber and Lyft drivers to manicurists could become employees under AB5. …Read the rest »
Christopher Griffin, 49, a stagehand who has worked with the Coachella Valley Music and Arts Festival for 20 years, since the start of the event, was killed the morning of April 6 when he fell at least 60 feet from scaffolding connected to a stage near Monroe Street and Avenue 50. According to news reports, Goldenvoice, the production company that puts up the festival, said Griffin fell while working on a festival state. …Read the rest »
Riot Games, Company Behind Popular League of Legends Video Game, Faces Employment Lawsuit in Los Angeles
Riot Games, the Los Angeles-based company behind the wildly popular “League of Legends” video game, is facing an employment lawsuit after female employees are alleging sexual harassment, unequal pay and retaliation. According to a news report in the Los Angeles Times, the lawsuit, filed in Los Angeles County Superior Court, seeks class action status and alleges the company has a “men-first bro culture” in which harassment and inappropriate behavior toward women go unchecked. …Read the rest »
Cal/OSHA has issued two citations against a Rancho Santa Margarita contractor for failing to ensure that employees were safely handling nail guns or were properly trained to use them. According to a report in the Orange County Register, the company was fined $225,000 for these safety violations. …Read the rest »
California Grocer Hit with EEOC Lawsuit for Firing Employee After She Sought Accommodation for a Disability
California grocery outlet, PAQ Inc., violated federal labor laws when it fired a deli clerk after she requested an accommodation for a disability, the Equal Employment Opportunity Commission (EEOC) said after filing a lawsuit against the company. According to a news report in the Insurance Journal, in October 2016, the deli clerk reportedly provided Rancho San Miguel Market with a doctor’s note requesting six weeks of medical leave for corrective surgery and time for recovery, based on a disability. Not only was her request denied, but she was also fired. …Read the rest »
Jeanette Ortiz, a longtime Chipotle manager who was fired in 2015 after being accused of stealing $636, was awarded nearly $8 million by a Fresno County Superior Court jury in a wrongful termination lawsuit. According to a news report in The Washington Post, this week, Ortiz and her attorneys settled with Chipotle for a separate confidential amount in lieu of punitive damages, which could have run as high as nine times the nearly $8 million award. …Read the rest »