By Melissa Noble Many employees have been quick to demand that their employer allow them to work from home to prevent the spread of COVID-19. The unfortunate news for employees, however, is there are no Federal or California laws requiring an employer to allow an employee to work from home. The right to work from […]
Uninsured Employers, Workers' Compensation
The Risk of Being an Illegally Uninsured Employer in California
14
Feb
Feb
The Risk of Being an Illegally Uninsured Employer in California By: Shamyl K. Siddiqi The California Labor Code provides that all employers must be insured for workers’ compensation. This requirement begins when the employer status begins, and it lasts for the duration of the employer status. An employer can meet this obligation either by (1) […]
WHAT TO DO IF YOU RECEIVE A SPECIAL NOTICE OF LAWSUIT A Special Notice of Lawsuit is often your first notice that someone is claiming they were your employee and were hurt on the job. Normally, you will not just receive this document in the mail, but will be handed the form, in person, along […]
26
Sep
Sep
The proposal added four areas of regulation regarding Harmful Wildfire Smoke, upon Employers: 1) Identification Regulations; 2) Warning System Regulations; 3) Training Regulations; and 4) Protection and Ramification Regulations.
13
Jun
Jun
As you know, Labor Code Section 4658.7(h)(2), requires the Physician’s Return-to-Work (Physician’s RTW) (DWC-AD 10133.36 to fully inform “the employer of work capacities and of activity restrictions resulting from the injury that are relevant to potential regular work, modified work, or alternative work.”
13
Jun
Jun
Who does not love to grab a glass of wine during happy hour with your co-workers, especially now that the weather is getting nice? However, like in all situations, the employer must act reasonable in order to avoid being liable for any injuries resulting from intoxication.
30
Mar
Mar
By Nicole Rothford When a person is injured arising out of and in the course of employment, they have a statutorily-created process to seek remedy for this industrial injury—the workers’ compensation system. The system is different from state to state, and in California, we have one of the more complex systems, rules and procedures to provide […]
06
Mar
Mar
By Peter Yoon In the recent months, our office has seen an influx of Petitions for Non-IBR Disputes for Medical-Legal Expenses. These petitions are being filed by providers of various services. Some examples include Qualified Medical Examiners, treating physicians, and diagnostic testing. The procedures for payment disputes relating to medical treatment and medical-legal expenses are laid […]
25
Feb
Feb
By A.J. Driscoll On December 10, 2018, the First District Court of Appeal filed an opinion in the case of City of Pealuma (Lindh) v. WCAB. This case and its holding are of importance on the evolving issue of apportionment. As a factual background, this case involved a Petaluma police officer who was working a detail as a […]
11
Jan
Jan
By Scott Darling For those who somehow have not heard, the California Supreme Court issued a decision in 2018 that significantly impacted the age-old debate of who is an employee and who is an independent contractor. In Dynamex Operations West, Inc. v. Superior Court (2018) 4 Cal. 5th 903, the California Supreme Court established what has been referred […]