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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
New California Law Makes it Easier for Certain Musicians, Writers, Photographers and Content Providers to Be Deemed Independent Contractors
There’s important news for many individual creatives and the companies that hire them. On September 4th, California expanded the list of professions and employees that are exempt from the so-called “ABC test” – a test governing classification of certain workers. The expansive new law covers many industries, but will have a particularly large impact on the media, entertainment and advertising community. Read more.
September 8 2020
New York Court Strikes Key Provisions of the US DOL’s Rule Regarding FFCRA Paid Sick and Expanded FMLA Leave.
On August 3, 2020, Judge J. Paul Oetken of the U.S. District Court for the Southern District of New York struck down four provisions of the U.S. Department of Labor (“DOL”) regulations (the “Final Rule”) implementing elements of the Families First Coronavirus Relief Act (“FFCRA”) (the “Decision”). Read more.
August 18 2020
5 Tips for When COVID-19 Comes to Your Media Production
You’ve mastered the guidance. You’ve implemented the procedures. You’ve followed all the rules to keep your production safe from COVID-19. But somehow, one of your production team members has tested positive for the virus. What next? Read more.
August 18 2020
