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CAUTIONARY TALES EPISODE 16

The California Labor Commissioner’s Office hasannounced large citationsagainst 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 faulted for failing to provide appropriate meal and rest breaks. The total $1.2 million citation included:

CAUTIONARY TALE EPISODE 15

The Labor Commissioner has again looked to the construction industry for its latest round of wage theft citations. AJuly 24, 2018 releaseannounces that Fullerton Pacific Interiors, Inc. will have to pay over $1.9 million for underpaying several hundred workers over a nearly two-year period.

ADDITIONAL PROTECTION FROM SERIAL HARASSERS

Defamationrefers 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 or investigation.

CAUTIONARY TALES EPISODE 14

On July 10, 2018, Cal/OSHA issued apress releasethat 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 violations that resulted in the death of a longshoreman at the Port of San Diego after a forklift accident. The citations total a proposed $205,235.

BASIC WORKPLACE “RULES OF THE ROAD”

The California Department of Industrial Relations(DIR) through theCalifornia Industrial Welfare Commission(IWC) created and continues to refine17 wage orders(Wage Orders) to regulate employee pay and working conditions by applicable industry or occupation. For example,Wage Order 4applies to professional, technical, clerical, and mechanical occupations;Wage Order 9regulates the transportation industry, andWage Order 12addresses the motion picture industry.

CAUTIONARY TALES EPISODE 13

Thelatest installment of California’s “wage theft” campaigntargets 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 based in Newport Beach.

CAUTIONARY TALES EPISODE 12

Continuing her “Wage Theft is a Crime” crusade against employers who fail to pay workers all compensation in a timely fashion, theLabor Commissioner announcedcitations against Vista Santa Rosa, Inc., a San Bernardino farm labor contractor, and seven of its client employers, who failed to give 1,374 Coachella Valley seasonal workers their final pay on time.

OH NO YOU DIDN’T!

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 to correct the problem.

CAUTIONARY TALES EPISODE 11

The stateLabor Commissioner has assessedCheesecake Factory Restaurants, Inc. and two contractors hired for janitorial services some $4.57 million for underpayment of minimum wage and overtime to 559 janitorial workers at eight Southern California locations. The decision is a significant caution to every business enterprise in the state, responsible since 2015 underLabor Code 2810.3for wage violations committed by contractors and subcontractors performing labor within that company’s “usual course