Beginning July 1, 2015, all California employers must give their employees three paid sick days a year or allow them to accumulate paid sick leave at the rate of one hour for every 30 hours worked. Many employers plan to grant employees three days of sick leave at the beginning of each year.
Cal/OSHA tightened its heat-safety regulations effective May 1, 2015 to require "fresh, pure, and suitably cool" water to be located as close as practicable to workers. Employers must provide shade for all workers when the temperature tops 80 degrees, down from 85, and must monitor workers for signs of heat stress when temperatures exceed 95 degrees. All outdoor workers must be trained in a language they understand about the dangers of heat illness.
AB 1897, effective January 1, 2015, makes employers with 25 or more workers, including at least six provided by contractors, jointly liable with their contractors to ensure that workers receive the wages due them and are covered by workers compensation insurance. "Client employers" are jointly liable with FLCs (farm labor contractors) for compliance with state wage and workers compensation laws.
Workers who do not receive wages or workers compensation protections can sue their contractor employer and the client employer individually or on a class-action basis. Farmers and other "client employers" can require contractors to verify their compliance with wage and workers compensation laws, and can require contractors to indemnify them for any violations.
Delano-based Paramount Citrus Cooperative, the largest US citrus grower, in March 2015 tried to have a class action suit dismissed by arguing that it was not a joint-employer with Camacho FLC, the contractor providing workers to Paramount. The suit alleged that piece rate harvest workers were not paid for time spent waiting for work to begin or traveling between orchards.
Class action suits were filed against Leprino Foods in Lemoore and Wawona Frozen Foods in Clovis in January 2015 that alleged these employers did not pay workers for the time they spent doffing and dunning protective work equipment. The suits seek back wages for affected workers and a prohibition of unpaid doffing and dunning in the future.
This post was an excerpt of the most recent Rural Migration News published in May 2015.
Rural Migration News summarizes the most important migration-related issues affecting agriculture and rural America. Topics are grouped by category: Rural America, Farm Workers, Immigration, Other and Resources.
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