EEEC Investigative Sweeps Continue (2-14-08)

By Michael C. Saqui and Anthony P. Raimondo

Aggressive enforcement activities conducted by the Economic Employment Enforcement Coalition (EEEC) continue. Last week we reported on investigations in which the EEEC issued citations against agricultural businesses in Riverside and Imperial Counties for a variety of wage-and-hour and safety violations.

In the most recent round of enforcement actions, accounted on February 13, the EEEC issued 49 citations against Bay Area pallet makers, which totaled close to $600,000. Citations were issued for:

• Failure to pay minimum wages;
• Failure to provide itemized wage statements;
• Failure to carry workers’ compensation insurance;
• Disabled safety latches on power tools;
• Failure to provide safety equipment and safety training;
• Ungrounded electrical equipment;
• Substandard working conditions, including workers standing ankle-deep in mud, lack of toilet facilities, and on-site employee housing which lacked heat, plumbing, and electricity.

The EEEC includes members of both state and federal agencies, and enforces a wide variety of federal and state laws covering labor, employment, and licensing. The EEEC includes representatives of the California Labor Commission, Division of Occupational Safety and Health (CAL/OSHA), the Employment Development Department, the Contractors State License Board, and the U.S. Department of Labor.

COUNSEL TO MANAGEMENT:

Immediately prior to this round of Bay Area raids, the EEEC was active in Riverside and Imperial Counties. Clearly, the EEEC’s activities are not limited in geographic area. The EEEC is currently targeting industries identified has having a high incidence of workplace violations, including agriculture, construction, garment, auto body, pallet-making, and restaurant businesses.

Employers statewide must be prepared for increased governmental enforcement actions. Adequate preparation includes having raid and audit protocols in place, which call for prompt evaluation of policies and practices to ensure compliance with laws governing wages, rest breaks, and safety and health conditions. Management and supervisory personnel should immediately confirm that all worksite conditions are up to code, with safe equipment, clean and functional toilet facilities, and adequate water and other health-related conditions. Employers with outdoor workplaces must be sure to have detailed policies and procedures to comply with heat-stress regulations, which is an area commonly targeted by CAL/OSHA. Employers should designate a point-person who will oversee compliance efforts and be prepared to interface with government inspectors and investigators.

Raid and audit protocols should reflect the current climate of regulation and enforcement on all fronts – not only wage-and-hour and workplace conditions, but also immigration and other areas that are developing and changing day to day. In order to ensure that employment policies are comprehensive in coverage and adequately and consistently enforced, raid and audit protocols should be developed in consultation with experienced counsel. In the event that government agents do appear on your doorstep, contact your attorney immediately.

The goal of this article is to provide employers with current labor and employment law information. The contents should not be interpreted or construed as legal advice or opinion. For individual responses to questions or concerns regarding any given situation, the reader should consult with Saqui & Raimondo at (831) 443-7100 in Salinas, or (916) 782-8555 in Sacramento.