Agreement Reached to Reform CA Private Attorneys General Act (PAGA)
by Gregory B. Wilbur and Ryan Carlson Michael Sullivan & Associates, LLP Governor Newsom’s office announced Tuesday, June 18th, that much needed and long-awaited reform to the Private Attorneys General Act (“PAGA”) is finally on the horizon! While we’re still waiting to see the exact text of the bill, here is what we expect […]
Navigating the Future of Workplace Absence
The Need for a Creative Strategy In today’s rapidly evolving workplace, managing absences and accommodations is more critical than ever. With the significant increase in requests for leaves, driven in large part by mental health challenges, pregnancy, and age-related conditions, employers must adapt to ensure their strategies are effective and inclusive. The Current Landscape of […]
California’s Adjuster Shortage: A Crisis in Workers’ Compensation
California stands at the precipice of a crisis that threatens the integrity of its workers’ compensation system. The state, renowned for its vibrant economy and innovative spirit, is grappling with an acute shortage of workers’ compensation adjusters. This shortage, if left unaddressed, could lead to severe consequences for both the industry and the countless individuals […]
Understanding the Commercial Traveler Rule
by Sure LogAttorney of CounselMichael Sullivan & Associates, LLP Under the commercial traveler rule, an employee traveling on the employer’s business is regarded as acting within the course of employment during the entire period of his or her travel. Workers’ compensation coverage applies to the travel itself and also to other aspects of the […]
WCAB Issues En Banc Decision
Regarding Application of Kite
In 2013, the WCAB held in Athens Administrators v. WCAB (Kite) that an injured worker’s disabilities are not required to be combined using the Combined Values Chart (CVC). The WCAB explained that although the AMA guides favor the combined values method, “physicians may, under certain circumstances, employ a different method of determining impairment if they remain within […]
Pregnant Workers Fairness Act: Final Regulation
by Ann Kuzee The Act and Regulation On April 15, 2024, the EEOC issued the final rule and interpretive guidance on the Pregnant Workers Fairness Act (PWFA), and it became effective June 18, 2024. The Act had taken effect on June 27, 2023, and its purpose as described in the final rule “requires a […]
The Initial Physical Aggressor Defense Under LC 3600(a)(7)
Understanding the Initial Physical Aggressor Defense Under California Labor Code § 3600(a)(7) by Sure S. Log Attorney of CounselMichael Sullivan & Associates, LLP Introduction to Labor Code § 3600(a)(7) Labor Code § 3600(a)(7) establishes the initial physical aggressor defense. It explains that a claim is not compensable when the injury arises “out of […]
The Issue of Managing Workplace Absences
How Integrated Disability and Absence Manaement Programs Adapt to Various Organizational Sizes Integrated Disability and Absence Management (IDAM) programs are crucial for navigating the complexities of managing workplace absences. The minimum size organization to see tangible benefits depends on various factors, including workforce dynamics, job nature, and regulatory obligations. While small businesses with fewer […]
Does Absence Make the Heart Grow Fonder?
by ShaunTeah L. Radcliffe, CPDM Have you heard that old saying, “Absence makes the heart grow fonder”? It definitely makes my heart go pitter-patter. I absolutely love supporting leaders and solving the nuisances in the absence and disability management space. Conversely, ask any people leader, and I’m sure that you will get a mixed bag […]
Understanding the Impact of California Minimum Wage Changes on TD Rates
April 23rd, 2024Sure LogAttorney of Counsel, Michael Sullivan & Associates, LLP Effective April 1, 2024, the minimum wage for many California fast-food workers increased from $16 to $20 an hour. The changes were brought by Assembly Bill (AB) 1228, which was signed by Gov. Gavin Newsom on Sept. 28, 2023. AB 1228 added Labor Code […]
