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…
On April 6, 2020, prompted by the COVID-19 pandemic, California Insurance Commissioner, Ricardo Lara, sent a formal Notice to workers’ compensation insurers reminding them that all workers are entitled to protection under California’s workers’ compensation laws, regardless of immigration status. More importantly, he added: “Workers’ compensation injuries caused by COVID-19 that arise out of and occur in the course of employment are compensable to the same extent as any…
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…
As the COVID-19 crisis makes it much more difficult for employers to make premium payments and disrupts the submission and processing of insurance claims, RPNA wanted to alert its friends and clients concerning recent efforts by the California Department of Insurance (CDOI) to assist policyholders. Specifically, Insurance Commissioner Ricardo Lara has recently issued two significant…
As California’s “shelter in place” Order enters its third full week, RPNA has worked closely with numerous business clients to plan their legal needs for the difficult times ahead. One of the questions RPNA is getting a lot is, “Do I have insurance coverage for this?” For those businesses that have purchased “business interruption” coverage,…
In yet another decision which diverges from federal interpretations of wage laws, the California Supreme Court held that the time employees spent at the end of each shift for an onsite security check was compensable under the applicable wage orders. In Frlekin v. Apple, employees sued Apple for the implementation of its “Employee Package and…
The federal Department of Labor (DOL) recently announced a four-factor test for determining joint employer liability in various employment scenarios under the Fair Labor and Standards Act (FLSA). This is the first major revision to the FLSA about joint employer determinations since it was promulgated in 1958. In addition, the Dynamex decision and AB5 have thrown…
In California, few industries are as heavily regulated as is the insurance industry. California has perhaps the strongest insurance laws in the nation designed to protect its policyholders, including regulations to ensure that carriers have sufficient resources to pay claims, to control the manner in which premiums are calculated, and to regulate specific language within…
The California legislature has been busy. There are numerous new and significant employment laws effective January 1, 2020. Employers should take note of the following key developments and should review their policies and practices—preferably with counsel—to ensure they are in compliance so as to limit any potential exposure. Minimum Wage and Minimum Salary Basis Increase (Labor…
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.…