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Homeowner Qualified as Tree Trimmer's Employer but Had No Tort Liability for Worker's Fall
06/13/2018
statutory employer under Labor Code Section 2750.5 and that Beckendam had a duty to provide a safe workplace.
Section 2750.5 provides that any person performing an activity for which a license is required must actually have the license in order to be treated as an independent contractor.
In the
Category: News
Supervisor's Lending Employer Can't Be Held Vicariously Liable for Worker's Electrocution
05/25/2018
Diaz v. S&R Farm Labor Contractor No. D073115 05232018 unpublished.
Facts S&R Farm Labor Contractor and Gold Grower are both farm labor contracting companies. In February 2010 Gold Grower asked S&R to borrow a supervisory employee because the local packing houses liked having the supervisor
Category: News
Report: Interpreters Question Part of NLRB Ruling Requiring Reclassification as Employees
05/14/2018
Interpreters are questioning part of a National Labor Relations Board order requiring a government contractor to classify as employees the interpreters it provides to federal immigration courts according to a report by an industry publication Slator.com.
Barry Slaughter Olsen
The NLRB
Category: News
High Court IDs Test to Distinguish Employees From Contractors
05/01/2018
deciding whether a worker is an employee or an independent contractor depends on numerous factors. It also rejected an economic reality test used by federal courts in Fair Labor Standards Act cases that holds that all of the circumstances must be considered together to decide whether a worker is an
Category: News
Commission Wants Solutions to RTW Supplement Funds 'Left on the Table'
04/06/2018
OAKLAND A labor-management panel on Thursday asked its staff to come up with a list of ways to ensure that 120 million in supplemental benefits is distributed to injured workers in California who havent been able to return to their jobs.
Angie Wei
The panel is looking for ways to
Category: News
Subcontractor's Employee Can't Pursue Tort Claim for Injuries on Construction Project
03/30/2018
2010 Lanelle D. Bergen hired KL Construction to do work on her home. Bergen and KL executed a contract specifying that KL would be the general contractor for the project and Sam Mathau of the MathauRoche Design Group would be the architect.
The contract provided that Mathau would be Bergens
Category: News
Property Owner Can't Be Held Liable for Window Washer's Fatal Fall
02/06/2018
02022018 unpublished.
Facts Television Center Inc. owns a three-story commercial building in Hollywood. In 2011 TCI hired Chamberlin Building Services to wash the building's windows.
Salvador Franco worked for CBS which was a licensed contractor. On June 20 2013 he began working on the
Category: News
Court Upholds Construction Project Manager's Criminal Conviction for Worker's Fatal Accident
10/26/2017
The 6th District Court of Appeal has upheld a construction project managers conviction for involuntary manslaughter for his role in a fatal trench collapse.
Dan Luo had worked for Richard Liu a real estate agent and general contractor.
In April 2010 one of Lius real estate clients
Category: News
Fund on Hook for PTD Award After Failure to Add Property Owner to Claim Sooner
10/05/2017
Employers Benefits Trust Fund UEBTF to the claim the next year after he learned that Aragon was uninsured. He named Aragon as his employer.
In 2009 the UEBTF moved to add Bolanos to the claim as Zapata's statutory employer under Labor Code Section 2750.5. A workers' compensation judge approved the
Category: News
'Job Killer' Bill Extending Subcontractor Liability Rarely Used So Far
08/24/2017
threatens to undermine the middle class in California" contractors' reliance on subcontractors to "avoid responsibility for basic labor standards and protection.
"When these workers face problems or violations of the law the employer and the labor contractor often play a shell game of 'Whos the Boss
Category: News
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