- Hot Topics in Safety and Employment Laws
(Summary of Safety Breakfast Meeting held Wednesday, September 9,
1998)
CALIFORNIA SUPREME COURT DECISION MAY RESULT IN MORE DISABILITY
CLAIMS
Hot topics discussed at a recent Safety Breakfast Meeting at
California State University, Fresno show how a recent California court decision
has put more heat on agricultural and other employers. Speaker
and attorney Ronald H. Barsamian, partner in the Fresno law firm of
Barsamian, Saqui and Moody, discussed an assortment of labor and
employment issues under the title "Hot Topics in Safety and
Employment Laws" at the Sept. 9 event.
A leading source of concern for employers, Barsamian said, is a
recent California Supreme Court decision affecting Labor Code section
132a of the workers' compensation system. On Aug. 17 the court ruled in
City of Moorpark v. Superior Court that section 132a is no longer an
"exclusive remedy" for resolving wrongful discharge claims
based upon alleged disability discrimination. That leaves the door open
to claims under the Americans with Disabilities Act (ADA) of 1990 and
California's Fair Employment and Housing Act (FEHA).
"Employers must now be aware of the distinct possibility that
their dealings with injured employees may lead to civil
litigation," Barsamian explained. "That possibility will
require each employer to reevaluate and revise its procedures for
dealing with injured employees and will make the issue of disciplining
or discharging employees who have sustained a workers' compensation
covered injury a much more high stakes issue than in the past."
For more information on this issue, participants were encouraged to
personally contact the firm of Barsamian, Saqui and Moody. Telephone
numbers are (209) 248-2360, or toll-free at (888) 322-2573.
OTHER HOT TOPICS
Another issue discussed at the breakfast meeting was independent
contractors. This is a "very hot issue" for agricultural
producers, Barsamian said. Many farm producers have turned consistently
to labor contractors, for example, so the farmer can get his or her
seasonal work done without all the paperwork involved in being an
employer. The farmer simply pays the contractor a set fee and the
contractor provides the labor service.
That may be changing, however, Barsamian said. Federal labor
investigators are getting more involved in the grower-contractor
relationship, and in some cases are attempting to put a legal obligation
back on the grower to make sure that the contractor is paying his or her
workers fair wages and is paying all appropriate taxes. "Minimum
profit margin allowed by the IRS is 28 percent. If your labor contractor
shows you a profit of 21 percent, make him show you the paperwork
proving he can pay his workers' comp and taxes," Barsamian said.
Sexual harassment claims are becoming much more common and costly to
the employer, the attorney warned. He suggested providing training for a
supervisor or other employee to serve as an in-house special investigator
for sexual harassment claims. It is very important in such claims that
the completely investigated. That is critical in helping to protect the
employer Ős interests in the case of litigation.
UPCOMING SAFETY BREAKFAST MEETINGS
"Supervisors and Your Safety Program" is the topic of
discussion for the next safety breakfast meeting, scheduled for
Wednesday, Oct. 14, 1998. Speaker will be Gabe Lorente, owner of Gabe's
Bilingual Safety Services. He will discuss what supervisors need to know
and how employers can assist them with their safety responsibilities.
The meeting will be held from 7:30 to 9:30 a.m. in the CATI
Conference Room at the California Agricultural Technology Institute,
2910 E. Barstow Ave., Fresno, California.
Safety Breakfast meetings are hosted monthly (each second Wednesday)
by the Center for Agricultural Business. The purpose is to provide a
forum for safety professionals to meet and exchange ideas, information
and concerns. Topics vary according to interests and needs of the
agricultural and agribusiness industries.
More than 20 sponsoring businesses and organizations currently
provide financial support for the safety breakfast meetings. Sponsors
names are listed on publicity fliers and signs at the meetings. For more
information or to discuss becoming a sponsor, call (559) 278-4405.
