According to a study by the World Health Organization in 2019, 70% of health workers and first responders are women. 40% of all employed women are in other sectors, such as food, retail and entertainment, which COVID-19 has also significantly impacted per a 2020 report by UN Women. The increased exposure creates a high risk […]
As of January 1, 2021, the state minimum wage in California increased to $13.00 per hour for employers with twenty-five (25) or less employees and $14.00 per hour for employers with twenty-six (26) or more employees. If your employer is in violation of the above, Khanuja Law is here to help.
Legal Update: On September 17, 2020, California Governor Newsom signed SB 1159 into law expanding on the rebuttable presumption created from Executive Order N-62-20 to include illness or death resulting from COVID-19 to be compensable for any employee and establishing two new presumptions pertaining to frontline employees and employees who contracted COVID-19 during a workplace […]
A non-essential employer will no longer be able to offer modified work to an injured worker if the employer closes business and lays off the staff due to the COVID-19 pandemic. Pursuant to the reasoning in Manpower Temporary Services v. Workers’ Compensation Appeals Board (Rodriguez), the injured worker may be entitled to temporary disability indemnity […]
Generally, an injury occurring during an employee’s routine commute is not considered to be work-related pursuant to the Going and Coming Rule. However, an injury may be considered work-related under the Special Mission Exception when the employee is “engaged upon a mission which incidentally or indirectly contributed to the service and benefit of the employer.” Shell […]
The Workers’ Compensation Appeals Board (“WCAB”) recently released a significant Panel decision in Smith v. Marin General Hospital finding that a second timely Utilization Review (“UR”) decision is required when the primary treating physician submits a second Request for Authorization (“RFA”) for treatment within the twelve (12) month period from the UR denial of the first RFA […]
On June 15, 2020, in the landmark case, Bostock v. Clayton County, Georgia, No. 17-1618, the U.S. Supreme Court ruled that an employer who fires an employee merely for being gay or transgender violates Title VII of the Civil Rights Act of 1964. The definition of “sex” in Title VII was at issue. In a 6-to-3 […]
On May 27, 2020, in County of Santa Clara v. WCAB(Justice), the 6th District Court of Appeals held that permanent disability could be apportioned to non-industrial factors pursuant to Labor Code Section 4663 following industrial medical or surgical treatment regardless if it is directly caused by the work-related injury. The holding follows the finding in Petaluma which states […]
On May 6, 2020, California Governor Gavin Newsom issued Executive Order N-62-20 establishing a rebuttable presumption that an employee who tests positive for or was diagnosed with COVID-19 contracted the virus on the job. This presumption covers dates of injury from March 19, 2020 through July 5, 2020. However, to qualify for this presumption, the […]
Legal Update: On March 19, 2021, Governor Newsom signed Senate Bill 95 (“SB 95”) into law, creating Labor Code §248.2, requiring all California public and private employers with 25 or more employees to provide up to 80 hours of COVID-19 supplemental paid sick leave (“SPSL”) for covered employees who are “unable to work or telework […]