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Paul Zimmerman

Showing 87 posts from 2020.

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Chain of Kickbacks Leads to Long-Awaited EKRA Enforcement Against Marketers, Recruiters, and Treatment Facilities

Congress enacted the Eliminating Kickbacks in Recovery Act (EKRA) back in October 2018—legislation that prohibits the payment of kickbacks in exchange for patient referrals to substance use treatment providers. Nearly two years later, a handful of men who ran a triple kickback scheme are amongst the first to plead guilty for violating the law. (Read More)

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California Employers Now Subject to Additional COVID-19-Related Laws Related to Cal/OSHA Reporting and Worker’s Compensation

The addition of even more employee-leaning laws in the Golden State continues. As Michelman & Robinson reported earlier this month, the California legislature passed—and Governor Gavin Newsom signed into law—AB 1867, giving an increased number of employees in California access to paid sick leave as it relates to the novel coronavirus pandemic through the remainder of 2020. Late last week, Governor Newsom placed his signature on two other bills: AB 685, which requires employers to report COVID-19 cases to Cal/OSHA within a prescribed period of time, and SB 1159, a law that makes worker’s compensation benefits more accessible to employees by creating a “disputable presumption” that an illness or death resulting from COVID-19 has arisen out of and in the course and scope of employment. The latter bill is likely to cause worker’s compensation premiums to skyrocket for many employers already trying to manage increased claims following pandemic-related furloughs and layoffs. (Read More)

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COVID-19-Related Paid Sick Leave Has Been Expanded in California Yet Again to All Employers with 500+ Employees

A bill has been passed and signed into law this week by Governor Gavin Newsom giving more employees in California access to paid sick leave as it relates to COVID-19.

As previously reported by Michelman & Robinson, ordinances are already on the books requiring certain employers to provide supplemental sick leave to employees within the City of Los Angeles as well as unincorporated L.A. County by virtue of the pandemic. These ordinances are in addition to the Families First Coronavirus Response Act, which requires most companies employing fewer than 500 workers to make two weeks of paid sick leave available to those affected by the coronavirus. (Read More)

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U.S. Senate Gets Additional Stimulus Conversation Started With Introduction of HEALS Act

Congress is working to agree upon a third round of stimulus to help individuals and companies still reeling from the economic and public health crisis triggered by the coronavirus pandemic. Toward that end, Republicans in the U.S. Senate have introduced the Health, Economic Assistance, Liability Protection and Schools (HEALS) Act, a nearly $1T package that includes provisions for (1) additional forgivable Paycheck Protection Program loans to help hard-hit small businesses remain viable, (2) reduced enhancement to unemployment benefits ($200 from $600) for those out of work, and (3) more $1,200 direct payments to most Americans. (Read More)

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Facebook, LDU Mode, and the CCPA: What Businesses Need to Know ASAP

At the beginning of July, Facebook quietly implemented a Limited Data Use (LDU) mode for their advertising products (including the PageView pixel). Under this mode—which is enabled by default for the month of July—a business customer can determine whether Facebook is restricted in how it processes user personal information when a user visits its page. Of note, if LDU mode is turned on and Facebook determines that a user is located in California (either because the business affirmatively represents this as true or Facebook’s geolocation tools believe the user to be in the state), Facebook will act like a “service provider” under the California Consumer Privacy Act (CCPA) and only use the data collected for limited purposes. That being said, Facebook provides severely restricted functionality to its business customers when LDU mode is enabled. (Read More)

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Invalidation of EU-US Privacy Shield Leaves Businesses Scrambling

It is déjà vu all over again for companies that transfer personal data on European residents to the United States. This month, the European Court of Justice (ECJ) invalidated the EU-US Privacy Shield framework, leaving businesses with one less option to accomplish EU-US transfers of personal information. That being said, those interested can rest assured that not all is lost. (Read More)

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Michelman & Robinson Announces Launch of COVID-19 Reintegration (Return-to-Work) Task Force

As COVID-19 continues to grip the nation, businesses of all kinds are left to navigate an ever-changing public health and economic landscape. This is no easy task, especially given the loud and clear calls to safely reopen the economy, schools, and life as we (used to) know it amid mixed messaging from our federal, state, and local governmental leaders as to how best to do so. (Read More)

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Paycheck Protection Program Extended to August 8th

Those still wanting to apply for loans under the Paycheck Protection Program now have until August 8 to do so. The PPP, which was set to expire on June 30, has been extended by way of a bill passed by both the U.S. Senate and House of Representatives and signed into law by the President on July 4. (Read More)

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California Looks to Pass Legislation Concerning Business Interruption Coverage Due to COVID-19

The California State Senate has just amended Assembly Bill 1552 to create certain rebuttable presumptions having to do with COVID-19-related business interruption claims and disputes. In its original form, the legislation was written to adopt or revise a model curriculum in Native American studies, which is certainly a far cry from insurance regulation. In any event, Michelman & Robinson explains what it could mean for insurers if this bill, as amended, is passed and signed into law. (Read More)

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PPP Loan Deadline May Be Extended as SBA Issues New Rules Relating to Loan Forgiveness and Eligibility

Last night (June 30), with the deadline to apply for a loan pursuant to the Paycheck Protection Program set to expire—and with that nearly $130B in allocated funds being left untapped and on the table—the U.S. Senate passed an extension of the program to August 8. Whether the extension passes in the U.S. House of Representatives and is then signed into law is likely but remains to be seen; a House vote is pending as of this writing. In the meantime, attention continues to turn to the loan forgiveness process. (Read More)