At Long Last, Clarity Regarding Subsequent Violations Under PAGA

On the surface, a case just decided by the U.S. Court of Appeal for the 9^th Circuit looks to be one primarily of interest to those in the aviation space. In Bernstein v. Virgin America Inc., a Ninth Circuit panel ruled on February 23 that California wage and hour laws pertaining to meal and rest breaks are not preempted by federal law; namely, the Federal Aviation Act. (Read More)

Taking the Shot: Can You Require Your Employees to Get Vaccinated Against COVID-19?

As has been headline fodder for days, COVID-19 vaccines have been approved and are on the way to the general public. This is big news for employers. Over the next three or four months, many of your employees and contractors will become eligible to receive vaccinations. And this begs the question: should you—and can you—require your workforce to be vaccinated against the novel coronavirus.

Subject to the exceptions discussed below, Michelman & Robinson, LLP has taken the position that the answer to both queries is a resounding “yes.” We believe that getting vaccinated should become an essential term and condition for all employment—this given the overwhelming public health benefit and business continuity that is sure to come if and when employees nationwide are immunized against COVID-19. (Read More)

What Employees Need to Know About the $900 Billion COVID-19 Relief Package

The $900 billion COVID pandemic relief package passed as part of the broader Consolidated Appropriations Act, 2021, includes some very important details relevant to employment and the workplace. Michelman & Robinson, LLP highlights what employers need to know. (Read More)

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)