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. …
DetailsAs 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…
DetailsWith 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…
DetailsAmidst 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…
DetailsAs 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…
DetailsAs 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…
DetailsWithout 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,…
DetailsAs 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…
DetailsYesterday, 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…
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