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Over $37,000 Raised For Charity Through 1st Annual Charity Fall Classic

Warren G. Bender Co. co-hosted the 1st Annual Charity Fall Classic Golf Tournament on Friday, October 17th, with partner firm, Westlake, Grahl, and Glover. Proceeds from the tournament are being donated to two charities: The Leukemia & Lymphoma Society and UCP (United Cerebral Palsy). There were over 100 golfers who played in the tournament and proceeds exceeded $37,000. The event was a major success and many of the golfers and sponsors involved look forward to next year’s tournament. Thank you to all who helped both WGBCO and WGG surpass our fundraising goals for these two worthy charities and stay tuned for next year’s tournament date!

2014-10-21 14.58.54 20141017_080422 20141017_080629 20141017_090245 20141017_090906
Filed under: Blog,Community Outreach — Jillian Bender-Cormier @ 9:30 pm October 29, 2014


New California Law Expands Liability for Employers Using Temporary Workers

Quick Facts:
• Under AB 1897, effective Jan. 1, 2015, employers may be held civilly liable for a labor contractor’s labor law violations.
• The new law allows for shared liability without a determination of joint employment.
• AB 1897 applies to employers that hire more than five temporary workers for core business activities and have 25 or more employees.
• Employers may shield themselves from liability through indemnification provisions.

On Sept. 28, 2014, California Governor Jerry Brown signed into law Assembly Bill 1897 (AB 1897). AB 1897 establishes shared liability between employers and labor contractors for certain state labor law violations. Effective Jan. 1, 2015, employers may be held civilly liable for a labor contractor’s failure to comply with California’s wage and workers’ compensation laws. Additionally, AB 1897 prohibits employers from shifting worker safety obligations onto labor contractors.

Affected Employers
The newly enacted law applies to California employers that:
• Have 25 or more employees;
• Hire more than five temporary workers from a labor contractor; and
• Use hired temporary workers to perform labor within the usual course of business.
AB 1897 defines “usual course of business” as the regular and customary work of a business, performed within or upon the premises or worksite of the employer.

AB 1897 does not apply to employers with a workforce of fewer than 25 employees or employers that use five or fewer temporary workers supplied by labor contractors.
Affected Labor Contractors Under AB 1897, labor contractors are individuals or entities that supply employers with workers to perform labor within the employer’s usual course of business, with or without a contract. However, limited exceptions exist for specified nonprofits, labor organizations, apprenticeship programs, motion picture payroll service companies and certain third parties engaged in employee leasing agreements.

Shared Liability
Prior to the passage of AB 1897, an employer could be held liable for a labor contractor’s violation of California’s labor laws only in joint employment situations. Determining the existence of a joint employment situation may require inquiry into the entities’ rights to direct and control the manner and means by which they perform their work. This type of inquiry can require substantial effort.
AB 1897 allows for shared liability without a determination of joint employment. Under the law, shared liability may exist even for an employer that can show that it was unaware of existing labor violations.
Specifically, the law dictates that an employer may share in the liability of a labor contractor that fails to:
• Pay employee wages as required by California law;
• Secure valid or sufficient workers’ compensation coverage; or
• Comply with occupational health and safety regulations.

Indemnification
AB 1897 explicitly allows employers to include indemnification provisions in their contracts with labor contractors. Employers may establish, exercise and enforce by contract any otherwise lawful remedies against a labor contractor for liability created by actions of the labor contractor.
Notice
AB 1897 requires an employee to notify his or her employer of any labor law violation at least 30 days before filing a lawsuit against the employer.
Retaliation
The law prohibits employers and labor contractors from retaliating or taking any type of adverse action against an employee who reports a violation or initiates a civil lawsuit.
Enforcement
The California Department of Industrial Relations and the Economic Development Department will be responsible for the implementation and regulation of AB 1897. These agencies will also be responsible for enforcing compliance with the law.
Employers will be required to provide these agencies with access to any records and information the agencies may require in order to certify compliance with the law.
Compliance Steps
California employers should consider taking a proactive approach in response to the changes created by AB 1897. Specifically, employers utilizing temporary workers can no longer ignore whether their labor contractors are in compliance with California’s wage and hour, workers’ compensation, and health and safety laws.
Moreover, employers should also evaluate any existing agreement with labor contractors, and determine whether indemnification clauses need to be added or amended in these agreements.
More information
For more information on AB 1897, please consult the full text of the law.

Filed under: Uncategorized — Jillian Bender-Cormier @ 7:42 pm


New Week, New Data Breach

Target. Home Depot. Jimmy John’s. Lately it seems as though we are hearing about a new data breach practically every week.

Well, it turns out there is a reason for this deluge of data breach-related news. According to a new report from the Ponemon Institute, 43 percent of companies have experienced a data breach in the past year. That is a 10 percent jump from the year before.

A data breach can result in devastating financial and reputational consequences. As a result, more and more businesses are looking for protection in the form of cyber liability insurance.

The exposures that cyber liability insurance can protect you from differ from business to business, and every policy is tailor-made for each business, but typical data breach exposures covered by a cyber liability policy include:

  • Notification of affected customers
  • Crisis management
  • Fixing your IT security
  • Identity theft protection for affected customers
  • Protection from potential legal action

The effects of a data breach can be far-reaching and last longer than expected. Be sure your business is protected by contacting Warren G. Bender Co. today.

 

Filed under: Uncategorized — Jillian Bender-Cormier @ 6:53 pm


New Reporting Requirements from OSHA

In early September, the Occupational Safety and Health Administration (OSHA) announced a final rule that requires employers to notify OSHA within eight hours after an employee is killed on the job. The rule also requires notification within 24 hours when an employee suffers a work-related hospitalization, amputation or loss of an eye.
The previous regulations only required notification of work-related fatalities and inpatient hospitalizations of three or more employees.

OSHA has also updated the list of industries that are exempt from the requirement to regularly keep injury and illness records. The industries are exempt due to having relatively low occupational injury and illness rates.
Details of the new requirements and the list of exempt industries can be found at www.osha.gov/recordkeeping2014

OSHA Reporting Flowchart

Use this flowchart to help you understand how the new rule will affect your reporting requirements:

OSHA FLOWCHART
Filed under: Blog,Safety,Workers' Compensation — Jillian Bender-Cormier @ 6:40 pm