EMPLOYERS WILL NO LONGER BE ABLE TO USE CONTRACTORS AS A WAY OF AVOIDING LIABILITY

Employers have many reasons for using contractors, staffing companies, and temp agencies to provide labor. However, a new California which was enacted into law on September 2014 and effective as of January 1, 2015, amended the California Labor Code section 2810 by creating a new Labor Code section 2810.3 that reads:

“A client employer shall share with a labor contractor all civil legal responsibility and civil liability for all workers supplied by that labor contractor for both of the following: 1) The payment of wages, and 2) Failure to secure valid workers’ compensation coverage.”

In other words, this new law forces employers to share liability for the wage and workers’ compensation violations of their labor contractor. This new law provides that in every instance of an employer’s use of labor contractors, the client employer will be held jointly liable for wage and workers’ compensation violation.

Therefore, client employers will no longer be able to use labor contractors as a way of avoiding liability. The law makes it clear that its protection are a mater of public policy and therefore cannot be waived by workers. Nor may the employer shift by contract its legal duties and liabilities to the labor contractor.

The Law Offices of Payab & Associates is a Los Angeles based law firm with more than 17 years of experience in employment cases. Our office has successfully litigated many complex disputes including wrongful termination, sexual harassment, racial discrimination, wage and labor disputes, and retaliation cases.

Have you or anyone you know missed your meal, rest, or recovery periods? Contact the Law Offices of Payab & Associates @ (818) 918-5522 or visit http://payablaw.com/ if you have any questions regarding your rights at the workplace.