California Labor Law Compliance Lawsuit Grew from Accident at Tesla

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Fremont, CA: A developing issue in the global automotive industry pertaining to labor law compliance appears to have its roots in California and, specifically, the Tesla automotive plant. A California labor law compliance lawsuit filed by an injured worker toiling for a subcontractor during a construction job at the Tesla plant is effectively reverberating around the globe.

The recent California compliance labor lawsuit was filed by a worker who was seriously injured on the job while working at the Tesla automotive plant in May of last year. Plaintiff Gregor Lesnik was employed by ISM Vuzem, a subcontractor to Eisenmann Corp., a German-based enterprise that supplies paint shop systems to the automotive industry.

According to an investigative report in the Mercury News (5/15/16) of San Jose, Tesla Motors, Inc. had contracted with Eisenmann Corp. for the installation of a paint shop system at its facility in Fremont. Eisenmann, in turn, subcontracted some of the work out to ISM Vuzem, which is headquartered in Slovenia and a company that specializes in factory construction and the installation of equipment.

Lesnik, the plaintiff, claims in his lawsuit that he was working on the roof of the Tesla facility as an employee of ISM Vuzem when a temporary roof panel gave way and he fell, sustaining serious injuries. His lawsuit notes there was no safety net installed below the work area, he was not provided with a safety harness, and a safety supervisor was not present when the accident happened. He fell the equivalent of three stories and broke both his legs, sustained rib fractures and a concussion.

Lesnik noted in his California labor law compliance lawsuit that some 150 Eastern European workers had been provided to Eisenmann by ISM Vuzem in a subcontracting arrangement. The workers, the lawsuit said, worked long hours for low wages - as little as $5 per hour, or so it has been reported.

The labor law compliance lawsuit claims that such conditions were violations of California labor laws.

Tesla issued a statement noting that while not legally responsible for the injuries sustained by the employee of the subcontractor, it would nonetheless “take action to address this individual’s situation,” citing a moral obligation to do so.

“Tesla did everything correctly,” the company said in the statement, posted on its website. “We hired a contractor to do a turnkey project at our factory and, as we always do in these situations, contractually obligated our contractor to comply with all laws in bringing in the resources they felt were needed to do the job.”

Tesla pledged also to impose additional oversight to ensure that “our workplace rules are followed even by sub-subcontractors,” the statement said.

For its part, the German corporation has launched a probe into its supplier contracts. As for Lesnik, Eisenmann says it hired Lesnik through a subcontractor and thus, denies responsibility also. ISM Vuzem also denies responsibility and has tried to persuade Lesnik to drop his lawsuit.

Case information was not available.

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