CA Adopts New Job Protections for Grocery Workers

On Tuesday, Governor Brown signed into law new protections for workers at large grocery stores.

AB 359, in essence, protects grocery store worker form being fired without cause for 90 days after a grocery store changes ownership. After the 90 day period, the new owner must “consider” offering continued employment the old workers. The law applies to grocery stores larger than 15,000 square feet.

The law makes California the first state in the nation to pass a statewide grocery worker retention law, but several cities, including San Francisco, Santa Monica, and Los Angeles already have local ordinances that provide similar protections to grocery workers.

California employers must comply with countless laws when implementing their personnel policies, some of which are distinct to California, and it is recommended they work closely with their employment counsel in navigating California’s complex legal landscape.

Also available at Gibbs Giden’s Labor and Employment Blog.

For more information contact:


David M.Prager, Esq.
Gibbs Giden Locher Turner Senet & Wittbrodt LLP
1880 Century Park East 12th Floor
Los Angeles, CA 90067
email: dprager@gibbsgiden.com
The content contained herein is published online by Gibbs Giden Locher Turner Senet & Wittbrodt LLP (“Gibbs Giden”) for informational purposes only, may not reflect the most current legal developments, verdicts or settlements, and does not constitute legal advice. Do not act on the information contained herein without seeking the advice of licensed counsel.

Copyright 2015 Gibbs Giden Locher Turner Senet & Wittbrodt LLP ©

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Court of Appeal: Port of Long Beach Truckers Are Employees, Not Independent Contractors

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The California Court of Appeal (Second District) has ordered publication of an opinion affirming a judgment in yet another employee-misclassification case.

 

Garcia v. Seacon Logix, Inc., involved allegations of employee misclassification brought by four Port of Long Beach truck drivers for Seacon before the Division of Labor Standards Enforcement (“DLSE”).  The DLSE found the drivers should have been classified as employees and not independent contractors.  Seacon appealed the ruling to the Los Angeles Superior Court, where the court agreed with the DLSE.  Seacon then appealed the trial court’s ruling, which was upheld by the Court of Appeal in an opinion certified for publication on July 30, 2015.

 

Important to the Court of Appeal’s opinion, as in any employee misclassification case, was the amount of control Seacon exercised over the drivers.  The trial court found that the drivers credibly testified that Seacon tightly controlled the manner and means in which the work was performed, including controlling the drivers’ work hours, absences from work, delivery assignments, and use of trucks Seacon leased to them.  The Court also gave short shrift to Seacon’s argument that agreements signed by the drivers defined them as independent contractors, observing that “the language in the agreement giving the drivers control over their work and describing them as independent contractors is not dispositive.”

 

Employers and HR professionals utilizing independent contractors on a regular basis are advised to continually and diligently evaluate their independent contractor agreements, practices, and policies with their employment counsel to protect themselves against costly lawsuits.

 

The full opinion in Garcia v. Seacon Logix, Inc. can be found here.

 

For more information contact:
David M. Prager, Esq.
Gibbs Giden Locher Turner Senet & Wittbrodt LLP
1880 Century Park East, 12th Floor
Los Angeles, California 90067
Phone: (310) 552-3400
email: dprager@gibbsgiden.com

The content contained herein is published online by Gibbs Giden Locher Turner Senet & Wittbrodt LLP (“Gibbs Giden”) for informational purposes only, may not reflect the most current legal developments, verdicts or settlements, and does not constitute legal advice. Do not act on the information contained herein without seeking the advice of licensed counsel.

Copyright 2015 Gibbs Giden Locher Turner Senet & Wittbrodt LLP ©

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