construction Archives - UELG https://www.california-labor-law-attorney.com/tag/construction/ California Labor Law Attorney Fri, 21 Feb 2020 18:56:52 +0000 en-US hourly 1 https://www.california-labor-law-attorney.com/wp-content/uploads/2019/05/img-logo-150x113.jpg construction Archives - UELG https://www.california-labor-law-attorney.com/tag/construction/ 32 32 Construction Accidents Caused By Defective Equipment in California https://www.california-labor-law-attorney.com/construction-accidents-caused-defective-equipment-california/ Mon, 16 Oct 2017 07:43:11 +0000 https://www.paymeovertime.com/?p=1061 A lot of companies and industries today rely highly on the use of machinery and equipment for their day to […]

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Man hurt at construction site

A lot of companies and industries today rely highly on the use of machinery and equipment for their day to day functions and construction operations. Companies such as the construction, mining, manufacturing, and transportation need to follow basic safety precautions to keep their workers and operations off risks.

The companies can be able to keep their industries risk free, but there are dangers that a company cannot manage fully. Machines can malfunction from day to day operations, and such occurrences cannot be prevented entirely but rather managed. This can further prevent risks that can be exposed to their employees too.

Some law firms and companies in California serve as strong advocates for the humanitarian rights fighters for the employees who may get injured in the line of duty. They help the workers to get justice and to understand their rights. They also ensure that the workers get compensation if they get injured or exposed to risks in their jobs.

Obligation to Safety

Companies should ensure that their construction machinery is not faulty and that their equipment should not pose dangerous scenarios to their employees. There should be sufficient space created within the working area. This will ensure easy management of the risk if any may occur. Companies should ensure that their workers are working in a risk-free environment and that it does not violet the machinery guarding and operations.

Different companies have handled numerous cases that involve equipment and machinery such; factory machines, tractors, forklifts, dumpers, nail guns, belt sanders, and defective conveyor belts. These are some of the machinery and job-related equipment’s that may pose risks to the employees.

What To Do When Injured

If a worker is injured by a defective construction equipment when at work they can be able to help themselves by filing a compensation claim against their employer or company. They may be in turn be eligible for related medical benefits and supplementary income packages to cover them throughout the period that they are receiving their treatment.

Manufactures should also ensure that they produce products that are not defective to their consumers and customers too. This is very important as it will save the company from the costly and the lengthy lawsuits that may accompany such an occurrence. They should test their product to ensure that they are defective free and that they meet the required standards of production and their use.

If any defective may arise and cause serious harm to the product user, the next of kin or family may file a lawsuit claim to get compensation from the manufactures. This will enable the family get compensation and know the actual cause of the injury that may be caused by the product or the company. To avoid all this companies and industries should ensure that such risks are well cautioned and prevented from happening.


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California Law on Prevailing Wages https://www.california-labor-law-attorney.com/california-law-prevailing-wages/ Mon, 18 Jun 2007 19:03:54 +0000 https://www.californialaborlaw.info/?p=985 Prevailing wage is a base reimbursement rate for all construction workers. All workers in the public construction sector are paid […]

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Gavel and money

Prevailing wage is a base reimbursement rate for all construction workers. All workers in the public construction sector are paid equality to avoid cases where an employer can offer more wages to attract more bids. The prevailing wage models ensure workers receive equal benefits if they work in a job which has the same responsibilities. The equal pay includes fringe benefits as well as day wages. It is a law put in place to foster equality in workplace.

Who can and cannot get prevailing wages?

All construction workers in California are subject to prevailing wages. The workers include those who do unskilled jobs in the construction industry. Professionals such as architects, clerical staff and security guards are not subject to the prevailing wage models. If the professionals get involved in helping those who work in the construction project, they can as well access the benefits under prevailing wage structure.

Method for deciding the prevailing wage rate in California

According to laws in California, the prevailing wage is based on the basic hourly rate. It is compensated on the public works to majority of employees who are involved in meticulous craft and are categorized in a given adjacent job market. If employees work in a given area, the prevailing age declares what they can be paid by different employees in the area as a way of achieving fairness in their workplace.

Effect of the prevailing wage

The law ensures the ability to access more workers to your project is not based on the ability to pay more than your employee or lower. The law dictates that not less than the universal rate for each Diem can be paid to the employees. It fosters fairness in the public work schemes.

Common prevailing wage determination

The Director of Department of Industrial Relations offers the guidelines on the prevailing wage. He offers the categorization twice each year. You will have the categorization of the prevailing wages on 22nd February as well as in 22nd August.

Wage claims arbitration 

The task of arbitration is carried out by the Division of Labor Standards Enforcement. Employees can file claims via their lawyer after which the division can arbitrate. The (DLSE) conduct informal meetings between the employer and the employees after which they resolve the conflict.

Ways to file a wage claim

There are several ways you can file for wage claim. They include the following:

  1. Unpaid pay, which include commissions, bonuses and overtime.
  2. Wages compensation through checks, issued without sufficient funds.
  3. Final wages which is not acknowledged
  4. Unexploited vacation hours which as not exploited upon extinction of the service such as relinquish, discharge or layoff.
  5. Deductions from paychecks which is unofficial.
  6. Unpaid business costs.
  7. Split shift payments or reporting time wages among others

    Photo Credit: Shutterstock/Elnur

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