By Kelly O. Scott, Esq., Head of Employment Law Department
Assembly Bill 1897 is essentially an effort to hold employers who contract for labor accountable for wage and hour violations, something the legislature has sought to do in various failed legislative attempts over the last several years. Specifically, AB 1897 adds section 2810.3 to the Labor Code and requires client employers to share all civil legal responsibility and liability with labor contractors. “Client employer” is defined to exclude businesses with a workforce of less than 25 workers and employers who employ five or fewer workers through a labor contractor at any given time. The law excludes employees who are exempt from overtime wages in the calculations. The responsibility extended to the client employer includes not only wage and hour laws, but all workers’ compensation and Cal/OSHA requirements. Any contractual waiver regarding the application of the law between the client employer and the labor contractor is strictly prohibited, but the law does not prohibit the parties from enforcing otherwise lawful remedies against one another relating to their respective contractual obligations. The labor contractor and the employer are further prohibited from taking any adverse action against any worker for providing a notification of a violation or who files a claim or civil action. Interestingly, the law requires that a notice must be provided to the client employer for any violations at least 30 days prior to the filing of a civil action. The notice can be provided by either the worker or his or her representative.
This blog is presented under protest by the law firm of Ervin Cohen & Jessup LLP. It is essentially the random thoughts and opinions of someone who lives in the trenches of the war that often is employment law–he/she may well be a little shell-shocked. So if you are thinking “woohoo, I just landed some free legal advice that will fix all my problems!”, think again. This is commentary, people, a sketchy overview of some current legal issue with a dose of humor, but commentary nonetheless; as if Dennis Miller were a lawyer…and still mildly amusing. No legal advice here; you would have to pay real US currency for that (unless you are my mom, and even then there are limits). But feel free to contact us with your questions and comments—who knows, we might even answer you. And if you want to spread this stuff around, feel free to do so, but please keep it in its present form (‘cause you can’t mess with this kind of poetry). Big news: Copyright 2015. All rights reserved; yep, all of them.
If you have any questions about this article, contact the writer directly, assuming he or she was brave enough to attach their name to it. If you have any questions regarding this blog or your life in general, contact Kelly O. Scott, Esq., commander in chief of this blog and Head Honcho (official legal title) of ECJ’s Employment Law Department, at (310) 281-6348 or email@example.com.