labor lawAdivision of labor law center

California employers are required to post updated and in some cases new labor law posters for 2011.

Updated federal labor law posters for 2011 such as the federal minimum wage poster, the “Equal Employment Opportunity is the Law” poster and the worker safety poster affect employers in other states as well.

Employers across the nation can be fined for not prominently displaying required labor law posters in the workplace, where all employees can see them. Employees who fail to do so can be subject to fines and penalties.

One of the best ways for busy employers and HR professionals to remain in compliance with employment poster requirements is to subscribe to a reputable labor law poster service. The poster service will deliver durable, high-quality laminated posters each time a federal or state poster is updated.

Other poster updates are specific to the state of California, including updated versions of the California minimum wage poster, the employee polygraph poster and “Your Rights under USERRA (Veterans Benefits).”

In addition, some California employers are required to display additional posters in 2011. Employers who (more…)

The California agency responsible for investigating discrimination complaints recently announced that efforts will be focused on class action suits against large employers with a pattern or practice of illegal discrimination. That is welcome news to many smaller employers with strong anti-discrimination policies in place.

The California Department of Fair Employment and Housing or DFEH announced that it will pursue large cases on behalf of a group of class of workers. The agency’s Special Investigations Unit or SIU will conduct the investigations.

This is important news for smaller employers because it means that the agency will no longer investigate every complaint in the order in which it is received. Instead, complaints will be graded based on their merits. For example, a large company that has several claims that appear to be based in fact and indicate a pattern of discrimination will be investigated first. A small business (more…)

California employers should be aware of a special enforcement action targeting carwashes and other illegal operations in “the underground economy.” During a three-day August enforcement sweep, investigators visited 97 carwashes in Northern California. Fifty-four of them were issued citations resulting in fines totaling more than $521,000.

Thirty of the car wash businesses were shut down until they comply with labor laws, including: (more…)

Two recent conferences aimed to improve economic opportunity for workers. The Opportunity Conference in Washington, D.C., promoted opportunities for minority workers in the U.S. The 15^th Inter-American Conference of Ministers of Labor in Port of Spain, in the nation of Trinidad and Tobago, stressed how the U.S. Department of Labor is working to provide opportunities for American workers as well as those in nearby nations.

“Traditionally underserved communities are often unaware of the tremendous resources available within mainstream America to help them achieve their dreams,” said U.S. Labor Secretary Elaine L. Chao at a recent conference targeting economic development for minority workers.

“A goal of this conference is to bring everyone together to familiarize entrepreneurs, community organizers, and others with a wide variety of resources,” Chao added. She was speaking at the fifth annual Opportunity Conference, hosted by the U.S. Department of Labor to provide opportunities for members of minority communities.

“This administration recognizes the vital, job-creating role that small and medium-sized enterprises play in our growing economy — representing over 99 percent of employers and providing nearly 83 percent of all private payroll jobs,” Secretary Chao continued. “The Opportunity Conference includes workshops on venture capital for entrepreneurs, marketing and media strategies, and one of the department’s most significant regional grant programs, called Workforce Innovation in Regional Economic Development.”

The free, one-day business conference in Washington, D. C., included information on how African American, Hispanic and Asian Pacific American entrepreneurs, nonprofits and faith-based organizations can win highly competitive grants and contracts worth millions from the U.S. Department of Labor.

Topics covered at the conference included:

• How entrepreneurs can locate and gain access to venture capital.
• How to apply for government grants.
• Partnership opportunities for faith-based and community organizations.
• Entrepreneurial economic trends.
• How entrepreneurial veterans can apply for loans.
• Financial literacy for ethnic communities.
• Marketing and media strategies for small enterprises and organizations.

A number of co-sponsors had exhibits at the conference, from the Association of Small

Business Development Centers and the League of United Latin American Citizens, to the U.S. Pan Asian American Chamber of Commerce.

Participating groups included the Chinese Benevolent Association; the Cuban American National Council, Minority Roundtable,  the National Council of La Raza, and Top Ladies of Distinction Inc.

Meanwhile, in the Caribbean city of Port of Spain, Deputy Undersecretary of Labor for International Affairs Charlotte Ponticelli discussed how the U.S. Department of Labor is working in strategic partnerships with regional economies throughout the United States to ensure a competitive and adaptable workforce in the 21st century.

The theme for the conference was “Making Decent Work Central to Social and Economic Development.” Undersecretary Ponticelli joined officials of labor ministries from the 33 democratically elected governments in the western hemisphere to discuss strategies for increasing access to economic opportunities for the people of the Americas, with a focus on youth and women.

In her remarks to conference participants, Ponticelli discussed how the Labor Department’s Workforce Innovation in Regional Economic Development, or WIRED grants are addressing regional job growth in the U.S.

 ”WIRED creates a pro-growth environment in regional economies by providing seed funding to strategic partnerships that include leaders in workforce development, economic development, education, business and industry, philanthropic organizations and others across political boundaries, with a goal of driving talent development strategies in support of a unified regional economic vision,” Ponticelli said.

Ponticelli noted that all the conference participants were concerned with high unemployment numbers facing youth. In the United States, 21 percent of 16- to 24-year-olds nationwide, or 3.4 million youth, are out of school and do not have a diploma. The Department of Labor is addressing this issue through a federal interagency collaboration to support states and localities with a wide array of programs serving youth, including employment and training assistance. The existence of exploitive child labor, forced labor and human trafficking runs counter to these objectives and must also be addressed, Ponticelli said.

Asbestos is deadly. When it breaks up, it’s released into the air in particles too small to see, and those particles can be breathed into the body. The results? Asbestosis, lung cancer, gastrointestinal cancer, and mesothelioma.

A California worker safety alert says that the dangers of asbestos are not over. Mechanics and others in the car repair business are still at risk. Older cars and trucks may still have asbestos. That asbestos is usually found in the clutches and brakes of those old vehicles, and when mechanics must work on those older cars and trucks, a danger of exposure results.

There is no way in advance to know which truck or car’s clutches or brakes contain the material, so mechanics are being warned by the California OSHA alert to handle each and every one as if it were a danger.

Management is required by CAL OSHA to develop a game plan for handling asbestos. It is also required to turn that game plan into reality by insuring that everyone in the shop is trained to follow those procedures, and does so. A brake or clutch containing asbestos, when removed wrongly, can put everyone in the shop at risk.

There are some steps that can be taken to assure that asbestos exposure is at a minimum. Wetting the asbestos to limit airborne particles is one of those steps. Another is to wrap up and seal the asbestos in well-marked bags. OSHA recommends using the negative pressure enclosure/HEPA vacuum system method, and the low pressure/wet cleaning technique to curb the asbestos problem. OSHA allows the wet method only for shops doing five or fewer brake and/or clutch jobs a week. A spray can/solvent method is allowed in some cases.

Consumers who like to work on their own cars should take note of the fact that they, too, can become exposed to asbestos. It’s best, according to OSHA, to take that truck or car, especially if it’s an older model, to a professional mechanic. Remember that each year in the U.S. alone, about 10,000 people die of asbestos-related diseases.