Mind the Reporting Requirements Gap

January 1st brought with it a host of new laws from the California Legislature. One of these was Assembly Bill 685 (Reyes).  AB 685 requires certain notice and reporting requirements … Read More »

Lawsuit Seeks to Overturn COVID Standard

Several California agricultural organizations have issued a major broadside against Cal/OSHA’s emergency temporary standard (ETS) about COVID. The lawsuit is seeking to nullify the ETS entirely or several at least vital sections. It also aims to prevent the Division of Occupational Safety and Health from enforcing the standard. It accuses the Standards Board of engaging … Read More »

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All I Want For Christmas

The 2020 Holiday Season will not be a particularly festive one for employers in California. The reasons are many and varied – most centered on the ongoing personal and economic … Read More »

A Peculiar Risk

On May 19th, the United States Department of Labor issued its Revised Enforcement Guidance for Recording Cases of Coronavirus Disease 2019 (COVID-19). The Guidance goes into detail on how OSHA … Read More »

Legislative Questions Abound Amid The COVID-19 Shut-Down

California’s Legislature will have an abbreviated session to conduct the people’s business, and sources say legislators are being warned to limit their asks in light of the tightened timeframes. New bills addressing the COVID-19 pandemic, including new presumption measures covering workers in the different industries with a greater exposure to the virus, are under discussion … Read More »

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Governor Signs Flawed AB 5 Legislation Into Law

Gov. Gavin Newsom wasted little time in signing AB 5 into law. The bill by Lorena Gonzalez (D-San Diego) is supposed to codify the California Supreme Court’s Dynamex ABC test for differentiating between independent contractors and employees. And it sets dates for workers’ comp coverage to be provided. It makes little sense say many insurance … Read More »

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AB 5 an Apparent Disaster

Legislative efforts to codify the California Supreme Court’s Dynamex decision and its “ABC” test for differentiating between independent contractors and employees are nearly complete. And they are –– says almost everyone –– a complete mess. Gov. Gavin Newsom came out in favor of the bill, sponsored by Lorena Gonzalez (D-San Diego), just days after it … Read More »

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Major Amendments Before Summer Recess

As the California Legislature approached its Summer Recess, the workers’ compensation community was not unlike the old traditional James Bond martini – shaken, not stirred. The year began with no expectations of significant legislation dealing with workers’ compensation per se, although the California Applicant Attorneys Association (CAAA) has two pieces of legislation, Assembly Bill 1107 … Read More »

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