(November 16, 2011) California Chamber of Commerce Policy Advocate Jennifer Barrera yesterday provided an employer perspective on the need for more workplace flexibility at an informational hearing of the Senate Labor and Industrial Relations Committee.
She pointed to alternative workweek schedules as one means of providing flexibility, as did Michael Pope, in-house counsel for Securitas Security Services USA Inc. Another employer representative, Rick Albiero from The Telecommuting Advantage, talked about telecommuting.
Employer Struggle
California has some of the most stringent and complex labor laws in the nation, Barrera said, which means that employers struggle with meeting the overwhelming employment requirements imposed, rather than being able to focus on trying to develop and grow their businesses.
Significant hurdles for employers in California discourage growth and job development, providing no flexibility for either the employer or the employee to develop alternative work schedules or options, Barrera said.
Barrera highlighted two areas in which California can provide relief to employers and employees:
- Minimizing the procedures for adopting alternative workweek schedules;
- Minimizing the risk of litigation for California employers.
Alternative Workweeks
Given the current interpretations and/or requirements surrounding these issues, there is limited flexibility for employers to work with employees and adjust work schedules to accommodate the employees’ requests. Simplifying these requirements and providing the employee and employer with more authority to manage the work environment will alleviate some of the burden on employers while still addressing employee needs, Barrera told the committee.
Million-dollar class action lawsuits regarding alleged missed meal periods are rampant throughout California, and have a devastating impact on all industries, Barrera said. She cited several cases in which settlements exceeded $1 million but a significant portion of the judgment went to the attorneys who litigated the cases, leaving limited monies for employees.
Telecommuting
Telecommuting is becoming increasingly popular in today’s work environment because of technological advances, Barrera told the committee. Although many California employers would like to offer this option to their employees, these arrangements generate a number of legal issues relating to federal and state wage-and-hour laws, she said.
For example, with the employee off-site, it becomes difficult to track time worked, overtime liability, compliance with meal-and-rest periods, and work off the clock. Regardless of the challenge, employers must ensure compliance with federal and state wage-and-hour laws, Barrera noted.
Telecommuting arrangements also raise questions concerning federal and state workplace safety laws. Although an employer doesn’t control an employee’s premises and work station, employers still bear responsibility for the safety of their employees, she said. In addition, injuries that arise out of and in the course of performing the job are compensable under workers’ compensation.
Staff Contact: Jennifer Barrera