On November 30, 2020, new rules issued by Cal/OSHA went into effect, impacting the obligations of nearly every employer in the state concerning preventing workplace exposure to COVID-19 and stopping outbreaks. The new regulations include a requirement that any employee excluded from the workplace due to a positive COVID-19 test must be provided paid sick leave unless the employee…
California recently took a step toward making civil litigation more cost-effective in state trial courts. An amendment to the California Code of Civil Procedure (“CCP”) that went into effect in 2020 introduced the possibility to opt-in (by stipulation and court order) to “Initial Disclosures” and mandatory supplementation of written discovery. The potential value of this provision cannot be overstated. Parties…
Tuesday, November 3, 2020, is election day, the day when the citizens of our great nation will take part in the democratic process of casting votes in what is being hailed as the most important election in U.S. history. But, for many working people and their employers, it’s also another workday. So, what should employers know, in order to ensure…
Most healthcare providers and organizations are aware that medical records must be retained in compliance to the Health Insurance Portability and Accountability Act (HIPAA). What may be less commonly known is that, pursuant to HIPPA, each state determines its own laws regarding medical record retention. In fact, HIPPA is actually silent on the issue of medical record retention requirements.…
The current pandemic has created a world of uncertainties and chaos that we never thought we were going to experience. Even in this unstable environment, there is a way to control the seemingly uncontrollable – estate planning. Every person, whether old, young, rich or poor, should invest in creating these vital legal documents, which dictate how financial and health affairs…
Uber and Lyft may have been granted an emergency stay from a San Francisco Superior Court’s order granting a preliminary injunction that requires the companies to reclassify their drivers as direct employees rather than independent contractors, but California companies who utilize independent contractors would be well advised take warning from the court’s order. On May 5, 2020, the California Attorney…
We, at Thakur Law Firm, APC, are filled with sadness at the loss of the Honorable Ruth Bader Ginsburg, Justice of the Supreme Court, who passed away at the age of 87 on September 18, 2020. Justice Ginsburg was a consummate champion for justice and civil rights up until her very last days. As the second female jurist to serve…
As we enter the school year and the COVID-19 pandemic continues to change the way we work and live, employers will be confronted with the need to support employees without childcare options. For medical practices and other employers in the health care industry, matters can become even more complicated by the fact that employees of such businesses, including “health care…
On July 24, 2020, the California Department of Public Health issued its COVID-19 Employer Playbook, providing clear practical guidance on some of the most common issues faced by employers reopening their businesses in the midst of the coronavirus pandemic. The Playbook features helpful Safe Reopening FAQs for Workers and Employers, as well as details regarding mandatory and recommended steps that…
California is largely closing again in an attempt to stifle an alarmingly fast-growing number in coronavirus cases and hospitalizations across the state. On July 13, 2020, Gov. Gavin Newsom announced statewide restrictions to again halt all indoor dining and close bars, family entertainment, zoos, and museums. At the same time, 30 counties will be forced to close gyms, churches, hair…