According to a recent news article from OC Weekly, workers at a major regional hospital were wearing red shirts with their union logo and holding picket signs. Their goal was to bring public attention to what they consider poor working conditions. The main complaint brought by the picketers was that their employer is using part-time labor and on-call staff to get around paying fair wages to the permanent health care staff.
A local council member was also present and spoke on behalf of demonstrating workers and said that politicians should stand behind workers and make sure that everyone is treated fairly and paid a living wage. It does not appear that this particular employer was contacted for a comment, but it is likely that they would deny any improper treatment of their employees.
As our Orange County employment attorneys have seen in far too many cases, some unscrupulous employers will do whatever they can to save money, even if that comes at the expense of their workforce. This can take many different forms. In some cases, we are dealing with what are known as employment misclassification issues. When this happens, an employer will attempt to classify an employee as an independent contractor. The reason they would do this is because if a worker is not an employee, the employer does not have to pay overtime wages and does not have to provide benefits or workers’ compensation. However, in many cases, the worker is really an employee, and this is being done in violation of the labor code.
If you are an employee, and you believe that your employer is misclassifying you as an independent contractor, you should speak with an Orange County or Los Angeles employment lawyer as soon as possible to see if you have a valid claim.
Another thing to be mindful of is that some employers will retaliate against employees who exercise their right to protest or join a union.
Contact the employment attorneys at Nassiri Law Group, practicing in Orange County, Riverside and Los Angeles. Call 949.375.4734.
Additional Resources:
Fountain Valley Hospital Workers Picket for Better Working Conditions, April 26, 2017, By Gabriel San Roman, OC Weekly
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EEOC Updates Guidelines on National Origin Discrimination, Jan. 31, 2017, Orange County Disability Employment Lawyer Blog