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As cases rise and COVID-19 continues to spread, more Americans are losing their jobs, and businesses wonder how they will survive another shutdown. Employees who are working remotely are also struggling with their temporary working environments, and many of these workers are juggling work with their children’s virtual learning schedules as well. Our country is waiting impatiently for the moment when we can finally put the stress, fear, and uncertainty behind us and move forward.…
As the U.S. awaits the swearing in of President-Elect Joe Biden, many are wondering what a new President will mean for current laws and policies. As an employment and labor attorney, mediator and arbitrator, I am particularly interested in what President-Elect Biden and his administration have in store for our country’s employment and labor laws.   This is the first of a two-part series where I will discuss the changes we may see in the workplace…
On November 11, 2020, our nation celebrated Veterans Day across the country to thank those who have selflessly served in the U.S. military.  Just as they protected our freedoms, we have laws in place that protect veterans’ rights in the workplace. It is important that both employers and employees understand, implement, and enforce these laws.  Equal Employment Opportunities for Veterans Both federal and state equal employment opportunity laws prohibit specific types of job discrimination in…
In the November 3, 2020 election, voters passed the much-debated California Proposition 22. In 2019, the California legislature passed Assembly Bill (AB) 5 which is a state statute that expanded the landmark California Supreme Court case Dynamex Operations West, Inc. vs. Superior Court. In this case, the court ruled that most workers in California are presumed to be, and should be classified as employees, and not independent contractors. For purposes of determining if a worker…
With such a controversial election approaching the end of an already unforgettable 2020, millions of American citizens have cast their ballots early. Amazingly, nation-wide pre-election voting has already surpassed 50% of all ballots that were cast in the 2016 election.  In California specifically, 21 million mail-in ballots were sent out this month to applicable residents. Even though many have opted to mail in their votes, some are still waiting until Election Day to vote in…
We’ve heard and read the phrase “unprecedented year” countless times since the coronavirus-related shutdowns began in 2020. Employers, employees, unemployed individuals, working parents, and more have been forced to adapt to this new normal in so many ways, with sudden changes to busy schedules, finances, careers, and working environments as communities struggle to comply with regulations and keep themselves and others safe during this time. The unanswered question of how long this will last is…
November 3rd is nearing, and many Americans are in the midst of voting at early voting poll locations and with mail-in-ballots. With a controversial election following this unprecedented year, the talk of politics is growing at home, on social media, and in the workplace.  Because of this, some companies are taking a stand on their employees’ ability to discuss politics at work. Recently, Coinbase, Inc. implemented a policy that bans any talk or debate of…
In 2020, many businesses across the country began operating remotely to help protect workers from contracting COVID-19. As we make our way into the fall and winter months, many areas are seeing a decline in coronavirus cases, allowing some businesses to resume operating together under one roof once again.  As expected, many employers who own and manage these businesses are apprehensive about returning to the office. With no prior experience in navigating a pandemic, they…
In the month of September, California Governor Gavin Newsom approved numerous bills to assist those who have been affected by the COVID-19 pandemic. On September 17, he signed Senate Bill 1159, which supports employees who contract COVID-19 while on the job.  Workers’ Compensation Claims in California According to statistics from the Department of Industrial Relations, over 40,000 claims have been filed by workers who say they contracted COVID-19 while at work. Of this 40,000,…