News & Analysis as of

Workers’ Compensation California

Laughlin, Falbo, Levy & Moresi LLP

WCAB issues En Banc Decision impacting the practice of multiple Panel QME requests due to failure to meet scheduling deadlines

We have all become accustomed to the practice of either seeking or receiving a replacement panel request when the QME is unable to set an evaluation timely. Frankly, many practitioners have tried to use section 31.1 of the...more

Laughlin, Falbo, Levy & Moresi LLP

Who Pays What: The Pitfalls of Contribution and Reimbursement Among Co-Defendants in Workers’ Compensation

The recent Barahona v. ABM Janitorial Services (2024) 53 CWCR 4, decision sheds light on a common but often misunderstood issue in California workers’ compensation: how liability is shared among multiple employers and...more

Maison Law

California Farm Worker's Hurt on the Job: Know Your Rights

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California is home to a large and diverse agricultural industry where farm workers play a crucial role in the state's economy. However, the physical demands and hazardous conditions can often make farm work dangerous....more

Best Best & Krieger LLP

2025 California Labor & Employment Updates - What You Need to Know Part 2

Assembly Bill 2499 (AB 2499) broadens the range of crimes for which victims of crime or abuse can take protected time off work and allows employees to take time off work in order to support family members who are victims of...more

Laughlin, Falbo, Levy & Moresi LLP

2025 Forecast in California Workers' Compensation

In 2024, Californian workers faced a tempered legislative and judicial climate following an exciting election cycle from 2024. The California State Legislature and Governor Newsom have adjourned a legislative session that...more

Maison Law

Steps to Take Following a Workplace Injury in California

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Workplace injuries in California are unfortunately common, and they can wreak havoc on your finances now and in the future. While employers are required to provide a safe workplace, accidents and mishaps do occur in all types...more

Maison Law

Worker's Compensation Denied in California: What to Do Next

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Workers’ compensation is considered a no-fault insurance system. Basically, it is intended to help injured workers get financial compensation for their lost wages and medical expenses if they are injured at work. However,...more

Littler

Capitol Gains: California's Legislative Highlights for 2025

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California’s legislature covered a wide array of labor and employment law topics in the 2024 legislative session. The laws discussed below were signed into law by Governor Newsom and will become effective on January 1, 2025,...more

Buchalter

New Year, New Rules: Turning Up the Heat on California’s 2025 Employment Law Changes

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As the new year approaches, several critical legislative changes in employment law will take effect on January 1, 2025, unless specified otherwise. California employers face a dynamic regulatory landscape in 2025, with...more

Maison Law

The Worker's Compensation Process in California

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According to the California Department of Industrial Relations, California had 680,152 workers' compensation claims in 2023, based upon first reports of injuries. This translates to 3.6 worker injuries per every 100 employees...more

Payne & Fears

Eyes on Sacramento: Year-End Legislative Updates

Payne & Fears on

With the California’s legislative session ending in October, we now know which bills made it through the legislative process and were presented to the governor, and which bills died along that path. For those bills that made...more

Conn Maciel Carey LLP

Employers Take Note: New Employment Laws for California in 2025

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This year, Governor Newsom signed into law various employment bills covering topics such as summary judgment motions, leave laws, independent contractors, and more. These new laws will take effect on January 1, 2025, unless...more

Paul Hastings LLP

California Ushers in a New Wave of Employment Laws, Effective Next Year

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Signing off on a busy legislative year, Governor Newsom just confirmed into law over a dozen bills from the California Legislature. As a result, many California employees will begin next year with new and enhanced rights...more

Laughlin, Falbo, Levy & Moresi LLP

California: The Golden State for Seasonal Workers

California has one of the most diverse workforces in the country. Each distinct job industry has its own nuances within the Workers’ Compensation system. One often overlooked but invaluable part of California’s workforce is...more

Perkins Coie

California Supreme Court Upholds Proposition 22

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The California Supreme Court issued its decision in Castellanos v. State (Castellanos) on July 25, 2024, ruling Proposition 22 (Prop 22), the initiative that allows businesses to classify drivers for app-based transportation...more

CDF Labor Law LLP

California Supreme Court Upholds Proposition 22: What It Means for Gig Economy Workers and Companies

CDF Labor Law LLP on

Last week, on July 25, 2024, the California Supreme Court in Castellanos v. State of California unanimously upheld Proposition 22, the 2020 ballot measure that allows gig economy businesses like Uber and Lyft to legally...more

Epstein Becker & Green

The Gig Continues: California Supreme Court Upholds Proposition 22

Epstein Becker & Green on

On July 25, 2024, the California Supreme Court issued its long-awaited ruling in Castellanos et al., v. State of California and Protect App-Based Drivers and Services, et al., upholding the 2020 voter initiative known as...more

Littler

California Supreme Court Upholds Proposition 22

Littler on

After years of litigation, the California Supreme Court upheld Proposition 22, a voter-approved law allowing app-based drivers to work as independent contractors. The Court rejected a challenge by a group of labor unions,...more

Weintraub Tobin

The CA Legislature Passes Another Law Requiring that Employers Advise Employees that They Have the Right to Seek Legal Counsel

Weintraub Tobin on

In recent years, California employers have seen legislation requiring that they advise their employees in certain situations about their right to consult with legal counsel. For example, in 2021 Senate Bill 331 (“Silenced No...more

Jackson Lewis P.C.

Expanded Information to Provide Regarding Workplace Injury

Jackson Lewis P.C. on

On July 15, 2024, Governor Newsom signed Assembly Bill (AB) 1870, which mandates that employers include information in their notices about an injured employee’s right to consult with a licensed attorney for advice about...more

Laughlin, Falbo, Levy & Moresi LLP

The Duty to Investigate: Applicant’s Attorneys’ New “Gold Mine” in CCR §10109(a)

It is well-established that the purpose of the workers’ compensation system is to provide benefits to employees who suffer on-the-job injuries or certain work-related illnesses. To adhere to the purpose of the workers’...more

Payne & Fears

Eyes on Sacramento - June 2024

Payne & Fears on

It is time to take stock of where we are with potential new employment-related laws now that we have passed the first major deadline in California’s legislative calendar. May 24 marked the deadline for pending legislation to...more

Jackson Lewis P.C.

First Things First – Initial Steps for Employers Expanding into the Golden State

Jackson Lewis P.C. on

With a state as large and diverse as California, it appeals to businesses. However, the state’s unique employment law requirements can pose challenges to employers new to the state. The following are some action items...more

Perkins Coie

California Employers: Required Pamphlet and Notice Updates

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California recently updated two pamphlets that employers must provide to employees. The new pamphlets are (1) a “Time of Hire Pamphlet” pertaining to workers’ compensation (to be provided at the time of hire) and (2) a “For...more

Laughlin, Falbo, Levy & Moresi LLP

The Covid-19 Presumptions: Are They Truly Gone?

For more than three years, virtually everyone in the California workers’ compensation community had become familiar with the Covid-19 presumptions. Labor Code sections 3212.86, 3212.87, and 3212.88 were passed as emergency...more

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