Barrister Boyajian's Blog

Summer is upon us.  As the temperatures rise, it is important to remember that employees must be protected from heat illness. Employers must protect their outdoor workers from heat illness and to encourage their workers to take preventative cool-down breaks in the shade and encouraging workers to drink water frequently.  This involves employers closely monitoring their workers for signs of heat illness. California's heat illness prevention regulation requires employers with outdoor workers to take the following four steps to prevent heat illness: (1) Plan: develop and implement an effective written heat illness prevention plan that includes emergency response procedures. (2) Training: train all employees and supervisors on heat illness prevention. (3) Water: provide drinking water that is fresh, pure, suitably cool and free of charge so that each worker can drink at least 1 quart per hour, and encourage workers to do so. (4) Shade: provide shade when workers request it

The Labor Commissioner's Office recently found Cheesecake Factory Restaurants, Inc. liable in a $4.57 million wage theft case that underpaid 559 janitorial workers managed by Magic Touch Commercial Cleaning.  Americlean Janitorial Services Corp., the Cheesecake Factory's janitorial contractor that subcontracted the work to Magic Touch is also liable.  The wage theft occurred at eight locations in Ornage and San Diego counties. “This case illustrates common wage theft practices in the janitorial industry, where businesses have contracted and subcontracted to avoid responsibility for ensuring workers are paid what they are owed,” said Labor Commissioner Julie A. Su. “Client businesses can no longer shield themselves from liability for wage theft through multiple layers of contracts. Our enforcement benefits not only the workers who deserve to be paid, but also legitimate janitorial businesses that are underbid by wage thieves.” Investigators found that the janitorial worke