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Areas of Interest
May 12th, 2020
California Workers’ Compensation Order Creates Rebuttable Presumption that COVID-19-related Illness Came From Work
As part of his effort to create an “Expanded Workforce Safety Net”, on May 6, 2020, California Governor Gavin Newsom issued an Executive Order creating a rebuttable presumption that an employee's COVID-19 related illness arose out of the course of employment and, as a result, is covered by workers’ compensation. In order for this presumption to apply, the employee must test positive for or have been diagnosed with COVID-19 within 14 days after a day that the employee performed labor or services at the employer’s place of employment at the employer’s direction. This means that employees who are working from home and contract COVID-19 will not be covered by the presumption. Further, employees must be diagnosed by a licensed physician and the diagnosis must be confirmed by further testing within 30 days. The effect of this Executive Order is that once employees exhaust any paid sick leave benefits available in response to COVID-19, they will be eligible for all workers’ compensation benefits, including, “full hospital, surgical, medical treatment, disability indemnity, and death benefits.” This presumption is retroactive to injuries occurring as of March 19, 2020 and will remain in place until July 6, 2020. If you have a question about this executive order, or any other employment law questions, contact Tricia Legittino or any other member of our Employment Compliance, Training & Litigation Group.
Other Employment Law Alerts
Top New California Employment Laws for 2023
We share a snapshot of the new employment laws California employers and employees need to know as they start off 2023. Read more.
January 3 2023
June 30th is the Deadline for Employers to “Invest In” California’s New Mandatory Retirement Plan
The California Legislature has passed a new mandatory law requiring companies with more than five California-based employees (one of whom is at least 18 years old) to offer a retirement plan to their employees and report their compliance with the law by June 30, 2022. Read more.
June 27 2022
New York City Employers Must Provide Salary Ranges in All Job Postings Effective November 1, 2022
The New York City Council recently amended the Salary Transparency Requirement and delayed its effective date until November 1, 2022 ("Recent Amendment"). Read more.
May 9 2022
