Go Out And Vote

Normally you receive one or two email blasts a week on legal issues from us. But, no issue is now more important than the legal right to vote. So, whether you are a Democrat, a Republican or an Independent, here is the link to “IWillVote”. https://iwillvote.com/ And finally, please stay safe and stay healthy.

California Approves Amendments to the AB 5 Independent Contractor/Employee Rules

On September 4, 2020, Governor Newsom signed into law AB 2257, which exempts several additional occupations from the ABC Test under AB 5, and attempts to further clarify the distinction between employer-employee relationships and professionals that run their own independent businesses.  AB 2257 is a lengthy bill that made several significant changes. We have summarized…

Workers’ Comp COVID-19 Presumption Could Yield More Third-Party Lawsuits – Do You Have Coverage?

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…

Mediation in Light of COVID-19

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,…

Nick Roxborough Discusses Newsom’s Workers’ Comp COVID-19 EO in WorkCompCentral

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…

New Coronavirus Presumption Likely to Increase Premium Costs for Employers

Yesterday, 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.  This would entitle the employee to workers’ compensation benefits, unless the employer successfully proved they did not contract it at work.  In a normal workers’ compensation claim, the…

WARN Act and COVID-19

In these uncertain times, businesses are being forced to consider drastic measures to weather the current economic crisis, including potential reductions in the workforce.  However, businesses need to be aware of their obligations under both the federal and California Worker Adjustment and Retraining Notification (WARN) Act prior to implementing any mass layoff, relocation, or termination…

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…