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Paul Zimmerman
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Showing 22 posts by Dana A. Kravetz.

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Large Employers Required to Pay Coronavirus-Related Sick Leave Under New L.A. Ordinance

Federal and state governments are not the only ones protecting employees suffering as a result of the COVID-19 outbreak. Los Angeles has followed suit, with its City Council passing a supplemental paid sick leave ordinance of its own. The law now awaits signature by Mayor Eric Garcetti. In the meantime, Michelman & Robinson answers the questions L.A.-based employers are sure to have about the new law. (Read More)

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The Stimulus Package and Its Impact on Employers and Employees

As anticipated, the Senate unanimously passed the $2T coronavirus stimulus package. We now await expected passage by the House of Representatives followed by President Trump signing the legislation—known as the Coronavirus Aid, Relief, and Economic Security Act (read: CARES Act)—into law, though that likely will not happen until Friday, March 27 at the earliest. (Read More)

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An Important Message From Michelman & Robinson About California Governor's Statewide Stay-At-Home Order

The entire state of California has essentially been placed on lockdown as Governor Gavin Newsom has called for a statewide stay-at-home order to combat the spread of the coronavirus, which causes COVID-19. Governor Newsom’s move, which impacts nearly 40M people, comes on the heels of various “shelter in place” and similar orders that have already been issued throughout the state, including the “Safer at Home” emergency order declared in Los Angeles earlier today by Mayor Eric Garcetti. (Read More

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A Message From Michelman & Robinson About "Shelter in Place" Orders

With several counties in California’s Bay Area ordering residents to “shelter in place” for at least three weeks to keep coronavirus from spreading across the region, and Orange County (California) now following suit and preventing private or public gatherings, it seems quite possible that other jurisdictions may take these drastic measures as well. Whether you are located in an area now subject to a “shelter in place” order, or are somewhere that has yet to restrict movement, it is helpful to understand the scope of these new mandates, especially as they relate to your business.

(Read More)

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M&R Deciphers the Families First Coronavirus Response Act Just Passed by the Senate and Signed Into Law by the President

Today, in an effort to ward off economic calamity, the U.S. Senate passed its second economic relief bill this month in response to the coronavirus pandemic—the Families First Coronavirus Response Act ("Act"). The Act, which passed by an overwhelming 90-8 vote and was then quickly signed into law by President Trump, expands emergency paid sick and family leave for certain workers, expands unemployment insurance assistance, includes nutrition assistance, and guarantees free diagnostic testing for the coronavirus. Michelman & Robinson addresses common questions about the Act in this alert, which supersedes our discussion of the bill that passed the U.S. House of Representatives last week. Note that our analysis is based on the bill’s language as of March 18.

(Read More)

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Minimum Wage Is on the Rise . . . Again

Attention employers with 26 or more employees operating in the cities of Los Angeles, Santa Monica and Malibu and unincorporated Los Angeles County, on July 1, 2018, the minimum wage you are legally required to pay jumped to $13.25 an hour. This latest increase is a steppingstone to the $15 hourly rate that will be mandated in 2020. (Read More)

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Yet Another Threat to Arbitration

Given the choice, most California employers facing a lawsuit filed by an employee or, in the case of sexual harassment, a complaint with the Department of Fair Employment and Housing (DFEH), would pick arbitration as the favored forum for dispute resolution. Why? Because arbitration is typically a faster, more cost-effective and confidential process for litigants. Likewise, it allows for more streamlined discovery, and imposes simplified rules of civil procedure and evidence. But perhaps the most significant reason employers lean toward arbitration is that an unreasonable damage award is less likely to be levied by an arbitrator, as opposed to a jury. No wonder, then, that mandatory arbitration clauses are a fixture in employment agreements. (Read More)

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Employment Classification Just Took a Left Turn in California

There is big, BIG news out of the California Supreme Court that impacts every employer in the Golden State. At the very least, for California employers, the recent decision in Dynamex Operations West Inc. v. Superior Court is something that should grab their attention. And that’s because for the first time in nearly three decades, the standard to classify an individual as an employee or independent contractor has been altered. (Read More)

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Anticipating Trump’s Impact on Labor Relations in the Hotel Industry

Unlike his oval office predecessor, President-elect Donald Trump is expected to limit federal labor and employment agency activism in wage and hour and other employment-related matters. Hotel owners and franchisors, which in recent months have experienced numerous workforce-related challenges, are likely to witness significant labor and employment policy shifts, a few of which are detailed below. (Read More)

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“Indirect Control” — New NLRB Joint Employer Rule Headed for Appeal

Hoteliers still reeling from the National Labor Relation Board’s (NLRB’s) dramatic change to the legal test for joint employer liability may find some solace in the fact that this issue is destined for appellate review. In August 2015, the NLRB threw a mammoth monkey wrench in the traditional hotel franchisor/franchisee model when, in its highly controversial Browning-Ferris Industries of California (BFI) decision, it revised the test for the joint employer doctrine, dramatically easing the criteria for a company to be considered a joint employer. Then, in January 2016, the NLRB found that both BFI and its sub-contractor, Leadpoint, violated the National Labor Relations Act (NLRA) by refusing to bargain with their employees’ union (the Teamsters). BFI has now filed an appeal with the U.S. Court of Appeals for the D.C. Circuit in an attempt to overturn the NLRB’s new joint employer standard. (Read More)