The passage of AB 5 affected the way many organizations conducted their operations in California. In 2018, the California Supreme Court issued the landmark decision Dynamex Operations West, Inc., adopting the “ABC” test imposing tougher legal standards classifying workers as independent contractors. Several issues emerged from the Court’s decision leading the California Legislature to codify […]

Governor Newsom recently signed legislation expanding the California Family Rights Act (“CFRA”) goes into effect on January 1, 2021.  This new legislation will impact both small and large employers. Significantly, the new legislation will (1) include organizations with five or more employees, and (2) expands the definitions of covered family members. 1.   What is CFRA? […]

On September 17, Governor Newsom signed two COVID-19 related bills—SB 1159 and AB 685—into law. SB 1159 sets a rebuttable presumption standard establishing workers’ compensation coverage for employees who contract Covid-19. SB 1159 is an urgency bill that makes the bill effective immediately. AB 685 modifies occupational safety standards to requiring employers to notify and […]

As organizations begin to reopen their operations, organizations must learn how to conduct business safely for their customers, prospects, and employees. Organizations are faced with the daunting task of navigating through ever-evolving rules and regulations from federal, state, and local agencies. Before reopening, every organization should create and implement a safety plan with the goal […]

Are There Liability Exposures For Your Board of Directors in Connection with COVID-19? Government-ordered closures and restrictions on businesses’ operations to mitigate the spread of COVID-19 create a variety of liability exposures for your organization. While the headlines have primarily focused on important issues such as workers’ compensation and business interruption, there has been an […]

Many organizations, for the first time, are learning how to operate their business with a remote workforce. COVID-19 has upended the operations of organizations by requiring employees to use their own devices, equipment, and utilities typical to perform their job duties. As a result, employees’ personal bills have increased, such as gas and electricity, an […]

“I Can’t Wear a Face-Mask, I have a Disability.” Yesterday, Gavin Newsom issued an Executive Order requiring that a face covering must be worn in certain high-risk situations, including “[i]nside of, or in line to enter, any indoor public space.”  This Order was issued after Orange County issued a requirement that rescinded the mask requirement. […]

The new normal requires organizations to change the way they conduct their operations, and your organization should incorporate these changes in your Injury and Illness Prevention Plan (“IIPP”). California Labor Code requires every employer to have a written program identifying workplace hazards and train employees on how to deal with them. The Labor Code also […]

California’s “Stay at Home” orders have forced many organizations to move from offices to working from home within a short period of time. This drastic change can potentially impact your organization’s workers’ compensation coverage. An employee may still have a workers’ compensation claim even if they are working from home. This begs the questions of how an […]

As your organization prepares to reopen, it is crucial to implement a plan to mitigate potential risks of exposing your employees, volunteers, and clients to COVID-19. It is not only necessary for the health and safety of your employees but also to protect your organization against Coronavirus claims. When a claim arises, investigators, lawyers, and […]