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The EEOC continues to update its pandemic preparedness guidance regarding the Americans with Disabilities Act (ADA), the Rehabilitation Act, and other Equal Employment Opportunity laws in the wake of COVID-19. The guidance...
Today, President Donald Trump signed the Paycheck Protection Program and Health Care Enhancement Act (“PPP/HCEA”) into law. This legislation infuses approximately $300 billion into the recently depleted Paycheck...
April 23, 2020
Supreme Court Strikes Down “Willfulness” Requirement for an Award of Ill-Gotten Profits in Trademark
On April 23, 2020, the United States Supreme Court ruled that a party whose trademark has been infringed is not required to prove a “willful” violation to obtain an award of defendant’s ill-gotten profits. This...
As many employers have one month of shelter in place behind them, they are now planning for the future. Please join us for a complimentary webinar focused on key issues facing employers as they prepare for the summer months...
In Hamlet’s Third Act, Hamlet discovers a plot against his life and resolves to counter it by letting Rosencranz and Guildenstern, whom he suspects are complicit in the plan, be “Hoist with [their] own petard,”...
Scalia v. Employer Solutions Staffing Group, LLC, 951 F.3d 1097 (9th Cir. 2020) Summary: Neither the Fair Labor Standards Act nor federal common law provide an employer with a right to seek contribution or...
April 8, 2020
Mayor Garcetti Signs Emergency Orders Increasing Worker Protections and Mandating Supplemental Paid Sick Leave
On April 7, 2020, Mayor Garcetti signed three employment-related COVID-19 Emergency Orders. Emergency Order: Supplemental Paid Sick Leave Due to COVID 1. Required Employers: An Employer with more than 500 employees within...
April 8, 2020
Looking Ahead: A Comprehensive Guide to COVID-19 Employment Decisions Through Downsizing, Furloughs, and Return to Work
After weeks of adjustment to the sudden spread of COVID-19, including dramatic business slowdowns, government shutdown orders, and financial rescue measures for employees and employers, businesses are adapting to the “new...
April 7, 2020
California Supreme Court Rejects Insurers’ Bid for Horizontal Exhaustion Rule in New Montrose Decision
In Montrose Chemical Corp. v. Superior Court, 2020 WL 1671560 (April 6, 2020), the California Supreme Court held that, when one primary policy exhausts in a continuing injury claim, the excess insurer sitting above that...
UPDATED- April 1, 2020 The Department of Labor (“DOL”) has released guidance addressing two key questions under the Families First Coronavirus Response Act (“the Act” or “the FFCRA”): whether employees who have...
The federal government has enacted extensive COVID-related legislation but left open the question of what industries, and which workers in those industries, are deemed “essential” during the pandemic. So far those...
The Department of Labor (“DOL”) has the authority to exempt small businesses from providing paid leave benefits under the Families First Coronavirus Response Act if it “would jeopardize the viability of the business as...