As previously noted in our blog, workers’ compensation is an emerging area of concern for employers during the COVID-19 crisis.  For New York employers in the heart of the pandemic, the question of whether one of their employees will contract COVID-19 in the workplace is less a matter of “if” than “when.”  Infected employees may subsequently seek workers’ compensation benefits, which have the potential to be significant if the employee contracts a severe case or suffers lasting damage.  As businesses in New York plan to reopen, employers in the state must take care to review applicable workers’ compensation laws and understand when employees who contract COVID-19 in the workplace may be entitled to benefits.
Continue Reading UPDATED: New York Workers’ Compensation Law: Is COVID-19 Compensable?

On March 5, 2018, the California Supreme Court issued its decision in the Alvarado v. Dart Container Corporation of California case. The Court’s decision will have far reaching consequences for employers throughout the state by fundamentally changing how overtime is calculated. In short, the Court held that when calculating overtime in pay periods in which an employee earns a flat sum bonus, employers must divide the total compensation earned in a pay period by only the non-overtime hours worked by an employee.
Continue Reading Alvarado v. Dart Container Corporation of California