By: Chuck Post
Over the last year, Weintraub Genshlea Chediak Tobin & Tobin has tripled the size of its employment law department. In addition to enhancing the services we can provide to our clients, this growth has allowed us to continue presenting our quality seminars and maintaining our Labor and Employment Law Blog. Our results
Join Weintraub attorney and SEAC Board Chair, Beth West, at the SEAC’s full-day fall seminar “From Twitter to Facebook: Avoiding the Risks of Today’s High-Tech Workplace”
Beth West, Board Chair of the Sacramento Employer’s Advisory Council, invites you to attend the SEAC’s all-day seminar, “From Twitter to Facebook: Avoiding The Risks of Today’s High-Tech Workplace,” at the Holiday Inn Capitol Plaza on October 24th, 2011.
Continue Reading Join Weintraub attorney and SEAC Board Chair, Beth West, at the SEAC’s full-day fall seminar “From Twitter to Facebook: Avoiding the Risks of Today’s High-Tech Workplace”
Vote for Weintraub’s L&E Law Blog!
Big news! Weintraub’s L&E Law Blog is one of the nominated candidates for the LexisNexis Top 25 Labor and Employment Law Blogs of 2011.
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The California Court of Appeals Limits the Remedies for Undocumented Workers
The Third Appellate District for the California Court of Appeals recently issued a decision that provides hope for those employers who unknowingly hire undocumented workers throughout California. In Salas v. Sierra Chemical Co., the court used the after-acquired evidence and unclean hands doctrines to bar Salas’ Complaint, ruling that undocumented workers are not entitled to recourse on a wrongful failure to hire claim, where they misrepresent their lawful ability to work in the first place.
Relevant Facts:
Vicente Salas was a seasonal worker at Sierra Chemical, a swimming pool chemical business. In 2006, he injured his back while working. After returning to work for a short time on modified duty, he reinjured his back when he was re-assigned to his regular duties. Following this injury, he brought a workers’ compensation claim against the company. In December 2006, Salas was laid off as part of Sierra Chemical’s annual reduction. In 2007 Sierra Chemical contacted Salas, informing him that he could return to work, provided he could establish he had received a medical release. Salas could not produce such a release and was precluded from returning pursuant to Sierra Chemical’s policies.Continue Reading The California Court of Appeals Limits the Remedies for Undocumented Workers
Who Is Liable When an Employee of an Independent Contractor Is Injured Due to a Cal-OSHA Violation?
The California Supreme Court Confirms that Companies May Delegate Some Workplace Safety Obligations to Independent Contractors
On August 22, 2011, the California Supreme Court issued its decision in Seabright Insurance Company v. US Airways, Inc. The issue before the Court was whether the Privette rule applies when the party that hired an independent contractor (the “Hirer” or “Principal”) failed to comply with workplace safety requirements concerning the precise subject matter of the contract, and the injury is alleged to have occurred as a consequence of that failure. The Privette rule essentially provides that when employees of independent contractors are injured in the workplace, they cannot sue the party that hired the contractor to do the work. (Privette v. Superior Court (1993) 5 Cal.4th 689.)
Relevant Facts from the Seabright Case.
US Airways uses a conveyor to move luggage at San Francisco International Airport. The airport is the actual owner of the conveyor, but US Airways uses it under a permit and has responsibility for its maintenance. US Airways hired an independent contractor, Lloyd W. Aubry Co. (“Aubry”), to maintain and repair the conveyor. US Airways neither directed nor had its employees participate in Aubry‘s work.Continue Reading Who Is Liable When an Employee of an Independent Contractor Is Injured Due to a Cal-OSHA Violation?