The WCIRB’s Proposed Rules to Reduce Premium Costs Move Forward

On April 17, we sent you an email alert about the Workers’ Compensation Insurance Rating Bureau’s (“WCIRB”) proposed regulatory changes to payroll reporting and the classification of payroll and claims.  The changes included allowing the Clerical Office classification to be used for many employees who are now working from home, excluding COVID-19 workers’ compensation claims…

COVID-19 CARES Act FAQs

As part of our ongoing effort to aid your business in navigating these uncertain times, below is part 2 of our newsletter series with FAQs relating to potential relief programs for small businesses under the recently passed CARES Act. 1.  Does My Business Qualify for the Paycheck Protection      Program Loan? A small business…

COVID-19 Paid Sick Leave FAQs

We understand these are extremely uncertain times with the rapid spread of COVID-19 impacting virtually every facet of business and resulting in a wave of emergency legislation. Recently, the Families First Coronavirus Response Act (“FFCRA”) was passed requiring employers with fewer than 500 employees to provide employees with paid leave in certain circumstances related to…

Dynamex Being Applied Retroactively

There is potentially some more bad news for California employers affected by the recent wave of “independent contractor” decisions. The California Court of Appeal recently held that the ABC test as outlined in the 2018 California Supreme Court Dynamex decision applies retroactively to pending litigation on wage and hour cases.  The opinion in Gonzales v.…

Revisiting Non-Competes in California

California’s stringent laws against the enforcement of non-compete agreements and non-solicitation agreements between employers and employees are well-known. Put simply, non-compete agreements and non-solicitation agreements regarding the solicitation of customers are not enforceable, but non-solicitation agreements regarding the solicitation of other employees may be enforced within limited circumstances.

Company Websites and Applicant Disabilities

In recent employment cases filed in California, plaintiffs — potential job applicants — have alleged California employers have an obligation to make their job application websites accessible to the visually impaired under California’s Fair Employment and Housing Act (“FEHA”), the state’s version of Title I of the Americans with Disabilities Act (“ADA”). Under this law,…