When an employer lends an employee to another employer and both have the right to exercise certain powers of control over the worker, a "special employment" relationship arises. The employee can be held to have two employers — the original "general employer" and the second "special employer." If a special employment relationship is found to exist, both employers are jointly and severally liable for any injuries to the employee.
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In a highly-anticipated opinion released yesterday, Viking River Cruises, Inc. v. Moriana, the Supreme Court of the United States ruled that arbitration agreements between employers and employees can both send an employee’s claims under the Private Attorneys General Act, or PAGA, to binding private arbitration and prevent the employee from litigating Labor Code violations allegedly suffered by other employees. The immediate effect is a win for California employers with properly drafted arbitration agreements, but the opinion may signal the start of a new phase in the long-running arbitration wars rather than the decisive victory some employers hoped for.
Last Friday MS&A threw a party at Drake's Barn in Sacramento, to celebrate Serena Neves' promotion to Managing Partner and show our appreciation for our amazing clients. It was an epic evening of food, drink, and socializing. It was wonderful to spend time with each other face-to-face (finally!) and enjoy the beautiful evening together!
Pursuant to Labor Code 5500.5(a) , liability for a cumulative trauma injury is limited to employers who employed the worker during the one-year period immediately preceding the date of injury (LC 5412), or the last exposure to the occupational hazard, whichever occurs first. Multiple employers or insurers can be liable for a cumulative trauma (CT) injury. An employee can choose to obtain an award for her or his entire CT injury from one or more employers for whom they have worked within the preceding year (LC 5500.5(c)).
On April 21, Cal/OSHA held a public hearing and re-adopted a modified version of the Emergency Temporary Standard (ETS) that originally went into effect on November 30, 2020. This third revision took effect on May 6, 2022 and will remain in place through December 31, 2022. The revised ETS can be found here: https://www.dir.ca.gov/oshsb/documents/Apr212022-COVID-19-Prevention-Emergency-txtbrdconsider-3rd-Readoption.pdf.
The statute of limitations for pursuing death benefits is established in LC 5406. Except for LC 5406.5 and LC 5406.6 (which cover deaths from asbestos and HIV-related disease), proceedings for the collection of death benefits, per LC 5406(a), may be commenced one year from:
- the date of death when it occurs within one year from date of injury;
- the date of last furnishing of any compensation benefits, when death occurs more than one year from the date of injury; or
- the date of death, when death occurs more than one year after the date of injury and compensation benefits have been furnished.
The California HR (CAHR) conference is less than a month away – are you planning to attend? Michael Sullivan and Associates is a proud sponsor of this year's conference taking place at the Anaheim Convention Center May 8th through May 10th. CAHR22 offers education and an opportunity to network with HR professionals statewide. Hear speakers share their experiences on challenges affecting operations, regulatory changes, and best practices for managing human resources. PIHRA has designed this conference for both in-person and virtual attendees, so don’t miss out on the opportunity to earn continuing education credits and find empowerment among your community. To register for the conference, go to https://cahrconference.org.
Effective Jan. 1, 2022, the Workers' Compensation Appeals Board (WCAB) amended its Rules of Practice and Procedure to permit electronic service, including via email. The Labor Code, however, previously recognized electronic service of a request for authorization (RFA) for medical treatment. Specifically, LC 4610(i)(1) states: "The request for authorization and supporting documentation may be submitted electronically under rules adopted by the administrative director."