The California Legislature recently passed technical reporting requirements for employers starting next year in an effort to aid targeted enforcement of various labor laws, specifically attempting to identify wage rates that appear to be discriminatory on the basis of gender or race. SB 973 requires that, by March 31, 2021, and annually thereafter, private employers…
In addition to Labor Code 248, which codified the Governor’s Executive Order requiring large food sector employers to provide COVID-19 paid sick leave, recently enacted Labor Code 248.1 now requires most employers with 500 or more employees to provide supplemental COVID-19 paid sick leave. The new COVID-19 supplemental paid sick leave (“CSPSL”), which went into…
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…
Mediation is unique in that it may take place early in the case, voluntarily at the request of the parties; involuntarily in connection with a judicial proceeding just before trial; or at any time between. Notwithstanding the timing, proper preparation can ensure a successful mediation; and often, discovery is key to being properly prepared. When…
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. …
As state and local governments slowly permit employees to return to work, employers need to be prepared to safeguard both themselves and their employees related to COVID-19. Some of the questions employers should be asking themselves include: Do my employees need to return to work? One of the initial issues that should be considered is…
With various professional and personal stressors at play, we are seeing the number of disputes in the workplace rise—even with many of us working from home. Alternative dispute resolution or ADR can help to resolve these conflicts quickly and efficiently, and potentially without the need for a courtroom battle. With trials on the back burner…
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…
As the COVID-19 crisis has reduced the activities of many businesses, the projected exposures to losses made prior to the crisis may now be overstated. Yesterday, Insurance Commissioner Ricardo Lara responded to this new reality. Commissioner Lara ordered insurers to make an initial premium refund for the months of March and April to all adversely…
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…