In Boucher v. Shaw, three employees sued individual managers of their bankrupt employer to recover unpaid wages for themselves, and for a class of employees, under the Fair Labor Standards Act.  In ruling for the employees, the Ninth Circuit Court of Appeal found that “where an individual exercises control over the nature and structure of the employment relationship, or economic control over the relationship, that individual is an employer within the meaning of the Act (FLSA) and is subject to liability.”  An important part of the Court’s decision was that two of the managers had an ownership interest in the employer, and the third was responsible for devising and implementing labor and employment matters.

On May 21, 2009, the Cal/OSHA Standards Board adopted two standards that are the first in the nation to protect workers from zoonotic aerosol transmissible pathogens (communicable diseases).  The two new regulations are General Industry Safety Orders §5199 and §5199.1, which require employers to establish, implement and maintain effective procedures in the workplace to protect workers from diseases such as tuberculosis and novel influenza strains.  These new standards were adopted on the heels of the recent swine flu scare, but were actually developed following the outbreak of the bird flu virus several years ago.

U.S. Citizenship and Immigration Services (USCIS) has, once again, amended the regulations governing the documents that employees may present to their employers for completion of the Form I-9, Employment Eligibility Verification, and has, once again, revised the form itself.

Now that Barrack Obama has become President, employers can expect to be in for a bumpy ride.  President Obama has already voiced his support for proposed labor laws such as the Re-Empowerment of Skilled and Professional and Construction Tradesworkers (RESPECT) Act, which would shift the balance of power between unions and employers in favor of the unions.

Although a recent labor-backed abatement bill failed to make it through the legislature this year, the chief of the Division of Occupational Safety and Health (DOSH), Len Welsh, has said that DOSH will address some of the concerns in the legislation.