SPECIAL REPORTEffective Jan. 1, 2022, the Workers' Compensation Appeals Board (WCAB) amended its Rule of Practice and Procedure to allow for remote hearings, electronic...
MICHAEL SULLIVAN & ASSOCIATES BLOG
On June 1, 2021, the 6th Appellate District Court of Appeal certified for publication its decision in Applied Materials et al. v. WCAB.
Because of the backlog of medical-legal evaluations caused by the COVID-19 pandemic, the Division of Workers' Compensation (DWC) adopted emergency regulations for medical-legal evaluations and reporting. The regulations became effective May 14, 2020, and originally were set to expire March 12, 2021. But they have been extended until Oct. 12, 2021.
Your employees are what make your company operate so efficiently. At this tumultuous time in world history, some businesses are taking advantage of their workforce. However, the best companies are always and will always put the rights of their employees first. This can be in the form of simple policy change or may even include complete overhaul of their processes. In today’s blog, Michael Sullivan & Associates, the top-rated law firm in California, will be going over some of the ways companies can protect their employees and ultimately strengthen their business through a strong bond with their workforce .
Unfortunately, not every workplace is always the healthiest. Retaliation is usually one of the highest complaints filed with the Equal Employment Opportunity Commission (EEOC). While this complaint is usually paired with other complaints, such as sexual harassment or discrimination, retaliation is still one of the most noted complaints across all industries. In today’s blog, Michael Sullivan & Associates, the top-rated law firm in California, will help you better understand how you and your company can react to employee retaliation in the workplace. Keep reading to learn more, or contact MS&A to schedule an appointment with our employment law team today.
In the California Supreme Court’s recent decision, Donohue v. AMN Services, LLC (2021), the Court held that employers cannot round meal period timekeeping entries. As a result, an employer cannot adjust an employee’s hours worked to the nearest time increment for meal periods. The Court held that California’s meal period provisions are aimed at preventing even minor infringements on meal period requirements. The labor lawyers at Michael Sullivan & Associates, LLC note that the Court found that a policy that rounded an employee’s time entries was “incompatible” with the objectives of California’s meal period provisions.
On March 19, 2021, Gov. Gavin Newsom signed Senate Bill 95 into law requiring most California employers to provide up to 80 hours of COVID-19 supplemental paid sick leave. The law went into effect on March 29, 2021, but the requirements applied retroactively to Jan. 1, 2021. So, if an employee was eligible, an employer retroactively must pay the COVID-19 supplemental leave when the employee requests it, either orally or in writing. We published a detailed exposition of this new law last week.
On March 19, 2021, Gov. Gavin Newsom signed Senate Bill 95, which extends and expands the requirement for employers to provide supplemental paid sick leave to employees affected by COVID-19. The law places new paid leave requirements on most California employers, and it requires their immediate attention. Gov. Newsom explained the reason for the new law: “Paid sick leave gives workers the time they need to care for themselves and loved ones while keeping their co-workers, families, and community safe.” The law takes effect immediately, but includes a 10-day grace period for employers to start providing sick leave. Employers must begin providing the leave on March 29, 2021. The new law applies retroactively to Jan. 1, 2021, and will remain in effect until Sept. 30, 2021. It’s enforced by the California Labor Commissioner.
Under the California Torts Claim Act (CTCA), if an incident occurs with a defendant who is a governmental entity, state government, city, or other public entity, a proper notice of the claim must be filed within 6 months of the injury or accident. California Government Code section 905. This is known as an “administrative claim.” This claim form must be filed first before you can file a Complaint in court.
The Division of Workers' Compensation (DWC) has created a new fee schedule for medical-legal services. The California Code of Regulations, Title 8, 9793, 9794 and 9795 are being revised. The regulations are available on the DWC website.