Coutdown to Barack Bottom? (Part 3 of 3)

Written by Michael C. Saqui & John F. McCarthy

The final part of our three part series focuses on some of the changes Management can expect on the employment front under the Obama administration.    

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Reminder: New I-9 Form Effective April 3, 2009

Written by Michael C. Saqui and Ana C. Toledo

A new I-9 Form (revision date 2/02/09) is scheduled to go into effect on April 3, 2009. It is available on the U.S. Citizenship and Immigration Services (USCIS) website. The Form had originally been scheduled to go into effect February 2, 2009 but the U.S. Department of Homeland Security (DHS) postponed the implementation of the new I-9 until April 3, 2009.

For details on the new I-9, please see our previous eblast.

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Unfair Labor Practices- Not Just For Unionization

Written by Michael C. Saqui and John F. McCarthy

The National Labor Relations Board (“NLRB”) found that an employer violated the National Labor Relations Act (“NLRA”), by:

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UFW Rallies For “Immigration” Reform

Written by Michael C. Saqui and John F. McCarthy

 

UFW is turning the heat up before the summer even starts. The UFW is calling on thousands of agricultural workers across Monterey County to rally this week in support of legalization for undocumented workers. About 1,000 people marched in the streets of Greenfield earlier this week chanting "Si, se puede"- a message for President Barack Obama to fulfill his campaign pledge of immigration reform.

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Individual Liability Under Joint Employer Theory

Written by Michael C. Saqui and Anita L. Rimes

It has been well established law that individuals cannot be personally liable for their corporate employer’s violation of state wage and hour laws. (Reynolds v. Bement, (2005) 36 Cal.4th 1075.) However, the Eastern District federal court in Sacramento, California recently ruled on a defendant’s motion for judgment on the pleadings in Ontiveros v. Zamora.

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Cal/OSHA Releases Its Interpretation of Heat Illness Standard

Written by Michael C. Saqui and Ana C. Toledo

Cal/OSHA’s Division of Occupational Safety and Health (DOSH) just released its interpretation of the heat illness regulations. It is intended to be a resource for DOSH enforcement personnel, employers and employees. Employers now face more onerous demands. You can access it at http://www.dir.ca.gov/DOSH/HeatIllnessInfo.html.

Below is a heat stress compliance checklist incorporating DOSH’s interpretations, as unbelievable and impractical as they are in some instances.

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Visalia Nursery Votes To Remove UFW

Written by Michael C. Saqui

After more than a decade of representing the employees of the L.E. Cooke Company in Visalia, California, the UFW has been voted out as the employee's bargaining representative. On April 9, 2008, a decertification election was held among employees of the L.E. Cooke Company. The amended tally, issued June 30, 2008, showed that employees voted 66 to 53 to cast out the UFW

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It’s The End Of The World As We Know It?

Written by By Michael C. Saqui and John F. McCarthy

We've been warning you about the Obamatization of the Workplace and we've been taking you on the Countdown to Barack Bottom. The Employee Free Choice Act is a cornerstone.

Read more: It’s The End Of The World As We Know It?