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…
As we have discussed here previously, there are certainly obvious benefits to mediation as a dispute resolution tool. Mediation is much less costly than litigation, more private (mediations can be kept confidential as part of the terms of the settlement agreement), and can be held in a matter of days, not months or years. Mediation…
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,…
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…
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…
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…