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Paul Zimmerman
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Showing 14 posts by Dana A. Kravetz.

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Hoteliers Beware: a Return to Business Post-Pandemic Brings With It Potential Legal Liability

Without question, tourism—and by extension, hospitality—has been one of the industries hardest hit by the coronavirus pandemic. This remains the case even as stay-at-home orders begin to be phased out and states gradually reopen for business. Long story short: hotels will continue to feel the economic sting of COVID-19 for the time being as non-essential travel is still discouraged by the Center for Disease Control, if not altogether prohibited in some places by virtue of cross-border restrictions, among other things. (Read More)

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Planning for Your Employees' Return to the Workplace

Though cases of COVID-19 within the United States have surpassed 1M, and fatalities from the illness now exceed the number of soldiers this country lost during the entirety of the Vietnam War, the news is beginning to improve. There is no denying that the curve of COVID-19 cases has flattened nationwide, and in response, cautiously optimistic state governors are currently planning for businesses to gradually reopen relatively soon. In fact, businesses in some states have already done so—to the chagrin of many. (Read More)

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Employer Do's and Don'ts in the Age of COVID-19

In the wake of the coronavirus pandemic, many employers are left uncertain as to what they can and cannot do these days in terms of their management of employees. Mindful of the mandates of (1) the Americans with Disabilities Act (ADA), which generally prohibits employers from making disability-related inquiries and requiring medical examinations of employees, and (2) statutes like California’s Fair Employment Housing Act (FEHA), which make it unlawful for an employer to discriminate against or treat an employee less favorably than others based on protected categories such as physical disability, business owners and management have been asking how they can lawfully address health-related matters in the current environment given the infection rate of COVID-19 and safety concerns for their other employees. (Read More)

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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.

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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)