26th April 2010, 04:58 PM
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| Admin - Razor sharp and independent 2 X Diploma Level 5 qualified arborist
Join Date: Jan 2007 Location: Brisbane
Posts: 12,820
|  California Labor Law
Interesting story .... California labor law - California labor code |LawyersandSettlements.com Quote:
April 13, 2010. By Jane Mundy
Los Angeles, CA: "I didn't even know we were supposed to take breaks, get vacation pay and personal vehicle mileage pay until I read about employees’ rights in California and realized how many California labor law this company has broken," says Hector, who was wrongfully terminated from his job. "The California Labor Commissioner advised me to seek the help of an experienced labor law attorney, because six former co-workers and I are entitled to a lot of compensation."
Hector says that during his three years of employment, this company didn't allow any of its employees to take two mandatory 10-minute breaks each day—they were only allowed lunch breaks. "Last August my boss told us that from now on we had to take the breaks," says Hector. "We asked why, and he said it was California law; we had to take a break at 10 am and another at 2 pm. But what about before August? One guy worked eight years for this company without breaks! From June 2006 until last December I worked 769 days (I got this information from my paychecks), so they owe me $19,225."
Count one violation of the California labor law.
"I also found out that I have to be paid vacation pay with my last check and payment for mileage," adds Hector. "I used my own vehicle for three years without invoicing the company." Another labor law violation.
"I was also wrongfully terminated. In January 2009 I had an accident while cutting down a tree. It was going to cost the company a lot of money because they didn't have insurance—they had insurance for a landscaper only and not for arborist work—they made me top and trim trees even though I wasn't qualified or trained as an arborist.
"I was up 15 feet and I made a cut in the tree on the opposite side of me, then I started the cut on my side. As soon as I started cutting, the tree split in half and left me hanging onto the tree, 50 percent went one way, and my harness pressed so hard against my stomach it caused back injury and internal bleeding. My left leg went completely numb. Later my neurologist said I had pinched a nerve. I was four days in intensive care and three weeks out of work.
"I returned to work in August, after therapy, but they started to write warnings about inconsequential matters, most of which were not my fault. Then I got my last check: my boss said he no longer needed a supervisor. But I believe they fired me because I might have future medical problems related to this injury, and they didn't want to pay anymore workers' compensation—their premiums skyrocketed after my accident and they canceled their existing insurance. Before the accident, there was no problem: I was an excellent worker; my boss said I did more work than anyone."
That's likely the third violation.
Hector says he is hurt and angry after giving the company so much. "I have no idea if they hired someone to take my place, but after my accident, that they hired eight or 10 illegal workers and paid them cash." Count four California labor law violations.
"These guys have violated so many laws; the more I read about employee rights, the madder I get," says Hector. "My former co-workers are aware of these violations but they are afraid of retaliation. They could lose their job just as easily as I did." And retaliation would add up to yet another labor law violation.
"I know three other employees whose rights were violated. Two property managers who worked for the company also know about these violations, and they will all testify at any time on my behalf. They didn't get breaks or vacation pay. If an attorney helps us, this company is in a lot of trouble."
 | California labor law - California labor code |LawyersandSettlements.com Quote:
April 20, 2010. By Gordon Gibb
Los Angeles, CA: California Attorney General Edmund G. Brown Jr. filed a California labor law lawsuit last week against a Nevada-based contractor employing a number of drywall installers in the Golden State. Brown is seeking $500,000 in restitution for workers cheated out of pay and other benefits.
MDP California stands accused of violating no fewer than seven California employee labor law statutes. "MDP California cheated its workers and the State out of hundreds of thousands of dollars by dodging fair wage and labor laws," Brown said in a press release from States News Service. "Those kinds of business practices will not be tolerated in California."
An investigation launched last year by the Office of the Attorney General found literally hundreds of violations. Brown's office interviewed a number of workers, who reported that MDP California regularly required them to work anywhere from nine to 11 hours a day Monday through Saturday—and sometimes on Sunday. There was no overtime pay provided for the additional hours.
One worker who was injured on the job had no choice but to take unpaid leave due to the alleged failure of MDP California to provide workers' compensation.
The lawsuit contends MDP California violated the following California state labor laws:
• California Labor Code section 510 by denying overtime pay.
• California Labor Code section 226 by providing wages to employees in other employees' names.
• California Wage Order 16-2001(4)(A) denying pay for all hours worked.
• California Labor Code section 226.7 by denying employees with a 10-minute break each four hours.
• California Labor Code section 3700 by failing to pay worker's compensation insurance.
• California Labor Code section 201 by failing to pay wages owed to laid-off employees immediately.
• California Business and Professions Code section 17200 for engaging in unfair business practices.
The Office of the Attorney General alleged that MDP California’s failure to pay fair wages or state taxes gave the employer an unfair advantage over its competitors, which allowed it to underbid for jobs.
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