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Paul Zimmerman

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Mask Mandates in the Workplace: OSHA Looks to Be in Lockstep With the CDC

As an increasing number of Americans become vaccinated against COVID-19, cases across the country are plummeting. In fact, the most recent news is particularly encouraging: as of this week, coronavirus cases are down in every state in the country—this for the first time since the pandemic began.

Approximately 60 percent of individuals in the U.S. have already rolled up their sleeves and received at least one shot. With that, severe illness and hospitalizations are also in steep decline. In response, the Centers for Disease Control and Prevention has updated its guidance, having recently announced that, in most cases, fully vaccinated Americans no longer need to wear masks indoors or outside. (Read More)

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NFTs Are All the Rage. They May Also Raise Some Legal Red Flags

Three Considerations When Buying or Selling Non-Fungible Tokens

Got some spare cash burning a hole in your pocket? Then perhaps you’d like to get in on the NFT craze. Now’s your chance to own a bit of history or, at the very least, a collectible cryptocurrency token that’s one of a kind (well, in a way). (Read More)

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The Reins Have Loosened Under the TCPA, at Least Temporarily

We have all received them, those unsolicited—and unwanted—calls regarding our supposed student loans, credit card debt, troubles with the IRS, even health insurance opportunities. While the subject matter varies, the calls are a constant, as is the nuisance factor. And that, in a nutshell, is what prompted enactment of the Telephone Consumer Protection Act (TCPA) back in 1991. (Read More)

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California Legislature Expands COVID-19 Supplemental Paid Sick Leave Through September 30, 2021 for Employers with More than 25 Employees: FAQ Guide

On March 19, 2021, Governor Newsom signed Senate Bill 95, which requires employers in California with more than 25 employees to provide COVID-19 supplemental paid sick leave to covered employees.  The bill takes effect on March 29, 2021, at which time the requirements will apply retroactively to January 1, 2021.  California’s previous supplemental paid leave expired on December 31, 2020 and SB 95 broadens the scope in various material ways. (Read More)

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Federal Labor Law Front and Center in the U.S. Congress

Federal labor law is in the crosshairs of the U.S. Congress. In recent days, the House of Representatives passed the Protecting the Right to Organize (PRO) Act (H.R. 842), which, among other things, would (1) prohibit employers from retaliating against employee unionization efforts, (2) protect workers’ right to strike, and (3) override state “right to work” laws that allow employees to opt out of paying dues in unionized workplaces. (Read More)

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American Rescue Plan Signed into Law

As anticipated, President Biden signed the $1.9 trillion “American Rescue Plan” into law today (Thursday), after the sweeping COVID-19 relief package passed both the House and Senate.

The law goes a long way toward turning the corner on the pandemic and kickstarting the U.S. economy left suffering in its wake. As mentioned in a previous alert by Michelman & Robinson, LLP, individuals, state and local governments, small businesses, and/or schools can look forward to the following, among other things: (Read More)

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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 9th 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)

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Senate Approves $1.9 Trillion COVID Relief Bill

After a dose of suspense and a 24-hour-plus voting session that bled into the weekend, the U.S. Senate passed the $1.9 trillion “American Rescue Plan” to provide much-needed relief to individuals, state and local governments, small businesses, and schools in the wake of the COVID-19 pandemic. The bill now goes back to the House of Representatives for final approval, before being sent to President Joe Biden’s desk for signature. (Read More)

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California Department of Insurance to Hold Public Discussion on Mitigation in Rating Plans and Wildfire Risk Models

The California Department of Insurance has invited the public to participate in a pre-notice discussion regarding a contemplated addition to the California Code of Regulations (“CCR”) dealing with mitigation in rating plans and wildfire risk models. The web-based virtual event will be held on March 30, 2021 at 1:00 pm (PST). (Read More)

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Attention Employers: California's High Court Has Nixed Rounding Meal Breaks

When is a 30-minute lunch break a 30-minute lunch break?

Certain employers have made it a practice of rounding time—up or down, typically in five- to 15-minute increments—in lieu of recording the actual time that employees spend working or for meal breaks. Until now, California law has generally permitted rounding time, provided certain criteria are met. For instance, an employer’s rounding policy must be fair and neutral on its face and cannot systematically undercompensate employees over a period of time. (Read More)