News

COVID-19: OSHA Offers Guidance To Employers and Employees in New FAQs

COVID-19: OSHA Offers Guidance To Employers and Employees in New FAQs On July 2, 2020, OSHA published Frequently Asked Questions[1] on COVID-19 topics.  OSHA updated previous guidance and incorporated guidance from other federal agencies.  The FAQs provide links to employment-related resources involving workplace safety and health topics, including COVID-19 issues. ...

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COVID-19: Force Majeure Clauses in Contracts – Court Decision

COVID-19: Force Majeure Clauses in Contracts – Court Decision These are trying times.  Did your business get shuttered by governmental mandated closure orders due to COVID-19?  Are your business vendors and contract parties still looking to your business to timely pay and perform as normal?  Contracts often include a force...

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Insurance Lost Business Claims

Insurance Lost Business Claims COVID-19 led to an unprecedented closure of businesses.  Many businesses shuttered under government COVID-19 Executive Orders filed claims with their insurers for the business interruption.  While some businesses had business interruption insurance and made claims under those policies, others did not have specific business interruption insurance,...

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COVID 19: Face Masks, Testing and What Employer and Their Employees Need to Know Moving Forward in the Workplace

  COVID 19: Face Masks, Testing and What Employer and Their Employees Need to Know Moving Forward in the Workplace According to the U.S. Equal Employment Opportunity Commission (“EEOC”) and the Occupational Safety and Health Act (“OSHA”), Employers must take precautions to protect employees (and customers) from COVID-19.  The EEOC...

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The Civil Rights Act:  Supreme Court’s Landmark Decision Today That Under Federal Law Employers Cannot Discriminate Against Homosexual or Transgender Employees

The Civil Rights Act:  Supreme Court’s Landmark Decision Today That Under Federal Law Employers Cannot Discriminate Against Homosexual or Transgender Employees   The United States Supreme Court ruled today that under Federal Law employers cannot discriminate against an individual based on that employee’s sex.  The Court interpreted the 1964 Civil...

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Calculating Overtime Under The Fluctuating Workweek Method: Important Changes for Employers

Calculating Overtime Under The Fluctuating Workweek Method: Important Changes for Employers Employers typically have to pay non-exempt employees overtime at one and a half times an employee’s regular rate of pay; however, some states allow employers to use the fluctuating workweek method and pay overtime at only one-half of an employee’s regular rate for all hours worked over 40 in...

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California Senate Bill No. 939

California Senate Bill No. 939 (“SB-939”) proposes to add Section 1951.9 to the Civil Code (“Section 1951.9”).  If SB-939 is passed as currently proposed, it would become effective immediately and have a HUGE impact on existing leases and the rights of commercial property developers and landlords. SB-939 Would provide two...

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Coronavirus (COVID-19)

As the situation and circumstances of the novel coronavirus (COVID-19) continue to change, we hope that you and yours are staying safe, healthy and protected. At Epps & Coulson, we have been closely monitoring the recommendations of the World Health Organization and U.S. Centers for Disease Control and Prevention as...

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Cautions and Considerations for Employers re: RIFs, Layoffs, Leave, & Other Employment Actions in Light of COVID-19

Many employers are rightfully concerned with how best to manage the business and financial impact and implications of the COVID-19 outbreak and resulting closures and dislocations. Some are considering temporary furloughs of workers as an alternative to terminations or reductions in force (“RIFs”). Below, we provide a general overview of...

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