On May 7, 2020, we shared about Governor Gavin Newsom’s executive order creating a rebuttable presumption that a California employee who contracts COVID-19 contracted it in the course of their employment. The presumption applied to employees working from March 19 through July 5, 2020. Since then 3 different bills addressing COVID-19 presumptions are now winding…
People of the State of California v. Uber / Lyft – filed August 10, 2020, case number CGC-20-584402, in the California Superior Court – San Francisco The gig-economy was dealt a major blow in a recent court ruling against Uber and Lyft. The State of California filed an action seeking injunctive relief, restitution, and penalties…
Mediation is an alternative dispute resolution process that is used to resolve problems between the parties. Everyone knows that. But what is important to remember is that the process can and should be informal. Unlike a trial or arbitration that must proceed according to fairly rigid rules, the mediator does not decide the outcome of…
Should employers stop collecting the 6.2% levy that is the employee’s share of social security taxes for many workers? This weekend’s Executive Order by the President said that employers could do this starting September 1, 2020. But, to be clear, if employers stop withholding taxes, will Congress forgive the deferred payments? Remember, these are deferred…
Recent California court decisions have begun to show a trend of judicial hostility towards the enforcement of employment arbitration agreements in certain circumstances. In light of this trend it may be time to reexamine dated arbitration agreements and practices. In the past few years, the legal landscape surrounding arbitration agreements has changed quite a bit. …
Amidst charges of unapproved and uncollateralized loans to affiliates, unapproved property transfers, the California Department of Insurance’s Conservation and Liquidation Office says it is drafting a unilateral “rehabilitation” plan for California Insurance Company (CIC). The plan will transfer its policies to another carrier and resolve the numerous filed lawsuits pending between Applied Underwriters / CIC…
As we discussed in a recent blog post, Governor Gavin Newsom signed an executive order creating a rebuttable presumption that a California employee who contracts COVID-19, contracted it in the course of their employment and will be entitled to workers’ compensation benefits. The question left unanswered is how the rebuttable presumption will be applied in…
Without question, COVID-19 has changed the way lawyers practice law and businesses resolve disputes. Whether that change will be temporary or permanent is yet to be seen. At the present time, many courts in California are closed or offer severely limited access and have restricted the ability to file all but the most time-sensitive matters,…
As California begins its phase-by-phase reopening process Friday, Gov. Gavin Newsom’s executive order creating a rebuttable COVID-19 presumption has cast a shadow of uncertainty for insurance carriers and employers. Governor Newsom’s long-awaited executive order creates a rebuttable presumption stating that all employees who contract COVID-19 at their place of work while at the direction of…