Baker & Associates
  • Home
  • About
  • Practice Areas
    • Business Law And Contracts
    • Business Litigation
      • Employment
      • Heavy Machinery
      • Insurance Law
      • IP & Trade Secrets
      • Partnership & Shareholder Disputes
      • Transportation & Logistics
    • Architecture, Design & Construction
      • Construction
      • Construction Defects
      • Contracts
  • Blog
  • Contact
  • Pay Now
Select Page

Gig employees and PPE: A building issue for some employers

On behalf of Baker & Associates | Jan 6, 2021 | employment law

All employers know their responsibilities and obligations when it comes to their workers’ personal protective equipment (PPE). Fulfilling these obligations is necessary to keep workers safe and employers in line with state and federal regulations.

However, in the middle of this global pandemic, the nuances of these obligations have recently led some employers to face serious disagreements with their workers and a high risk of litigation.

Employers must provide PPE to employees

According to the Occupational Safety and Health Administration (OSHA), federal law requires employers to take several steps to ensure workplace safety, including:

  • Assessing hazards in the work environment;
  • Determining the proper PPE to mitigate these hazards;
  • Providing their employees with PPE at no charge; and
  • Maintaining the PPE and updating PPE policies if necessary.

Violating these requirements could result in employers facing significant fines and even legal disputes. It seems some employers are currently facing complex issues regarding PPE, though not for the same reasons many might think.

Could controversy be brewing regarding PPE and worker classification?

In July, CNN reported on a protest conducted by Lyft drivers in California who stated their employer did not provide them with the proper PPE to stay safe during the pandemic. They have safety kits available for purchase, but they are not providing PPE free of charge.

And many drivers claim Lyft will not provide them with PPE because they still do not want to recognize them as employees under Assembly Bill 5.

California employers are familiar with AB 5 by now, as it went into effect on January 1, 2020. However, CNN reported that Lyft and Uber still have not complied with the new law. Therefore, they still classify their drivers as gig workers instead of employees.

 Why is this important for employers to know?

Several businesses across California employ both employees and independent contractors. These employers must always be consciously aware of:

  1. Keeping workers safe; but also
  2. Complying with AB 5.

This is critical to avoid serious penalties – and litigation.

Business owners and employers alike should monitor the developments in this case. However, they should also proactively review their practices and PPE policies. This is especially important to avoid complex disputes with employees and future legal issues.

  • Facebook
  • Twitter
  • LinkedIn

Recent Posts

  • Trucking companies beware: Know the law before you act
  • Facing litigation? Make sure to protect your brand
  • Businesses: Be careful in the third-party marketplace
  • When can business owners keep settlements confidential?
  • Gig employees and PPE: A building issue for some employers

Archives

  • January 2021
  • December 2020
  • November 2020
  • October 2020
  • July 2020
  • June 2020
  • May 2020
  • April 2020
  • March 2020
  • February 2020
  • May 2019
  • April 2019
  • March 2019
  • January 2019
  • December 2018
  • November 2018
  • October 2018
  • September 2018
  • August 2018
  • July 2018
  • June 2018
  • May 2018
  • April 2018
  • March 2018
  • February 2018
  • January 2018
  • December 2017
  • November 2017
  • October 2017
  • September 2017
  • August 2017
  • July 2017

Categories

  • blog
  • Business Formation
  • business litigation
  • construction defects
  • employment law
  • Firm News
  • intellectual property & trade secrets
  • transportation & logistics

RSS Feed

Subscribe To This Blog’s Feed

FindLaw Network

Contact Our Firm Today

Scott L. Baker
Rated by Super Lawyersloading ...

1875 Century Park East
Suite 1490
Los Angeles, CA 90067

Phone Number:

Phone : 310-904-6724

Map & Directions
  • Follow
  • Follow
  • Follow
 

© 2021 Baker & Associates. All Rights Reserved.

Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw, part of Thomson Reuters

   
Review Us