NEWSLETTER
Under California wage orders, tools required by an employer, or needed to do a job, must generally be provided by an employer to workers whose wages are less than two times the minimum wage. The employer's cost of furnishing them are not treated as credits against the minimum wage.
A farm labor contractor in a Targeted Industries Partnership Program (TIPP) inspection in March 1996 was cited for breaking this rule. He was ordered to do a self-audit for the prior 3-year period "for the purpose of compensating all workers who were not provided tools during this time period." Results and the compensation amounts were to be provided to the Labor Standards Enforcement Division within 15 working days.
The old "green card" Replacement Program ended March 20, 1995, but expiration of Form I-151, was extended to March 20, 1996. Permanent residents still holding the I-151 or earlier green-card versions are now precluded from international travel and verifying employment eligibility on Form I-9.
Although permanent resident status is unaffected, holders of the I-151 card can't use it to establish employment eligibility when starting a new job. They may, of course, present any other acceptable document combination such as a driver's license and social security card to establish employment eligibility.
Permanent residents still holding Form I-151 may file Form I-90 for a replacement card to minimize inconvenience, or can apply for citizenship for a few dollars more.
In general, employers subject to workers' compensation laws must post and keep posted in a conspicuous location a notice stating the employer's current compensation insurance carrier and identifying the person responsible for claims adjustment. Workers' compensation carriers generally include notices as part of their "claims kits" provided to employers.
The notice must include advice regarding the injured employee's right to receive medical care, to select or change the treating physician, and to receive temporary or permanent disability payments, vocational rehabilitation services, and death benefits. Employers must also give each new employee written notice of these rights. Agricultural employers' failure to meet the workers' compensation notice requirements is a common citation in recent TIPP inspections.
California's Labor Code prohibits tobacco smoking in all enclosed places of employment. The statute, though, excludes from its definition of "places of employment," and thus permits smoking in, warehouse facilities with more than 100,000 square feet of floor space and in which 20 or fewer full-time employees work. Any warehouse area used as office space, however, is covered by the restriction.
Reasonable steps to prevent nonemployee smoking include posting signs, but exclude physical ejectment from the establishment. Employers with five or fewer full- or part-time employees may permit smoking if all employees consent and certain ventilation criteria are met. The Division of Occupational Safety and Health and local health departments enforce the workplace smoking prohibition in response to complaints.