Business Owner Jailed for California Labor Law Violation

San Bernardino, CA The owner of an enterprise located in Hesperia is facing charges under California labor law for not carrying the required workers’ compensation insurance for his employees. If convicted, Najib Mohammad Samara faces a year in jail and a fine not less than $10,000. According to the San Bernardino Sun (4/2/13), the man was arrested at his business and held in San Bernardino County Jail in Victorville in lieu of $25,000 bail.

According to the California labor code violation report, Samara was the subject of an investigation a year ago, in January 2012, by the Workers’ Compensation Insurance Fraud Unit. As a result of their investigation, Samara was found to be lacking worker’s compensation insurance for his employees at Tile Gallery Plus.

At his arraignment to face criminal charges in June of last year, Samara duly produced a certificate of insurance, thereby bringing him into compliance with California labor employment law.

However, the California Department of Standards and Labor Enforcement (DSLE) followed up on the file in November and found that Samara’s workers’ compensation coverage had lapsed. In fact, according to the District Attorney’s office, the policy was canceled a month after the accused appeared for his arraignment, due to non-payment of the premium.

According to the report, the DSLE responded to this latest indiscretion by issuing a number of citations for violations against California and labor law, including a “Stop Order,” directing that no employee should physically perform any work at Tile Gallery Plus without a current workers’ compensation policy, in good standing, in place and in force.

Workers’ compensation is required under California state labor laws, and serves to protect the well-being and livelihood of any employee injured on the job or unable to work for any reason. Employers who choose to circumvent the requirement put their employees (and by extension, their workers’ families) at risk, as well as opening themselves up to fines and potential litigation.

California employee labor law is strictly enforced by the Office of the Labor Commissioner for the state of California, as well as the California Department of Standards and Labor Enforcement (DSLE).