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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)

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)

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Defy State and Local Executive Orders at Your Own Risk

The COVID-19 pandemic has spawned numerous executive orders at both the state and local levels. From stay-at-home mandates to directives requiring face coverings and social distancing, laws are now in place throughout the country, all geared to stem the tide of the coronavirus. That being said, many businesses and individuals are unsure if they can be subject to legal liability for failing to obey executive orders issued by governors and mayors nationwide. As a matter of fact and law, they can. Make no mistake, businesses and individuals that run afoul of executive orders (related to COVID-19 or otherwise) may be held criminally and, in some cases, civilly liable. (Read More)

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CDI Announces New Order Regarding Workers' Compensation Premium Savings for CA Businesses Affected by COVID-19

Last week, the California Department of Insurance issued a press release announcing an order issued by Commissioner Ricardo Lara mandating that premiums for worker’s compensation coverage reflect the reduction in risk attributable to the state’s COVID-19-related stay-at-home mandates. By way of this alert, Michelman & Robinson addresses questions carriers may have about the order. (Read More)

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Nevada Division of Insurance to Disallow Policy Exclusions Related to COVID-19

The Nevada Division of Insurance (“NVDOI”) issued an important notice last week to all property and casualty insurers doing business in the state. Pursuant to the notice, the NVDOI will temporarily disallow the issuance of new business interruption policies—and those providing related coverage—if they contain exclusions specifically mentioning COVID-19, viruses, or pandemics. Michelman & Robinson answers some of the questions insurers and policyholders in Nevada may have about the notice. (Read More)