CA Executive Order: If Workers Contract COVID-19, It Is Presumed to be Work-Related Without Proof Required

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On March 11, 2020, the World Health Organization declared COVID-19 a pandemic. A pandemic is defined as a global spread of a new disease often applied when viruses are able to infect people easily and spread from person to person in an efficient and sustained way. On March 19, 2020, an executive order and public health order directed all Californians to stay home except to go to an essential job or shop for essential needs to disrupt the spread of COVID-19 among the population.

During the last few months (March, April, May 2020), several executive orders have been implemented to protect working personnel during COVID-19 times. For example, see Executive Order N-62-20:

REBUTTABLE PRESUMPTION:

“1. Any COVID-19-related illness of an employee shall be presumed to arise out of and in the course of the employment for purposes of awarding workers’ compensation benefits if all of the following requirements are satisfied:

a. The employee tested positive for or was diagnosed with COVID-19 within 14 days after a day that the employee performed labor or services at the employee’s place of employment at the employer’s direction;

b. The day referenced in subparagraph (a) on which the employee performed labor or services at the employee’s place of employment at the employer’s direction was on or after March 19, 2020;

c.The employee’s place of employment referenced in subparagraphs (a) and (b) was not the employee’s home or residence; and

d.Where subparagraph (a) is satisfied through a diagnosis of COVID-19, the diagnosis was done by a physician who holds a physician and surgeon license issued by the California Medical Board and that diagnosis is confirmed by further testing within 30 days of the date of the diagnosis.

2. The presumption set forth in Paragraph 1 is disputable and may be controverted by other evidence, but unless so controverted, the Workers’ Compensation Appeals Board is bound to find in accordance with it. This presumption shall only apply to dates of injury occurring through 60 days following the date of this Order. …”

Read More:

State link: https://www.gov.ca.gov/wp-content/uploads/2020/05/5.6.20-EO-N-62-20-text.pdf

Alternate Link

 

 

Business Law: Companies/Employers Using COVID-19 Liability Waivers

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On March 11, 2020, the World Health Organization declared COVID-19 a pandemic. A pandemic is defined as a global spread of a new disease often applied when viruses are able to infect people easily and spread from person to person in an efficient and sustained way. On March 19, 2020, an executive order and public health order directed all Californians to stay home except to go to an essential job or shop for essential needs to disrupt the spread of COVID-19 among the population. On May 20, 2020, the County of San Diego developed guidelines for businesses such as restaurants and retail businesses to open safely to have customers in the premises with restrictions. On May 24, 2020, the State Board of Barbering and Cosmetology developed guidelines for hair salons to open safely.  This all means that as of late May, 2020, businesses are starting to re-open, of course, with safety measures required. It is expected for larger organizations and theme parks open in late June 2020 or early July 2020.

Waivers

With employees returning to work, businesses are looking to limit liability related to COVID-19 exposures. A few calls and questions I have received include:

  • Can I issue COVID-19 liability waivers for employees to sign?
  • If an employee refuses to sign a COVID-19 liability waiver, must I still let them work?
  • Can I ask customers/clients to sign COVID-19 liability waivers before entering my business?
  • Are COVID-19 liability waivers enforceable?
  • What can I include as part of my COVID-19 liability waiver?

Generally speaking, liability wavers are permitted but enforceability depends on its contents and what exactly an employer is trying to limit liability from. There are certain risks, hazards, and employee rights that an employer cannot lawfully shield themselves from. For the latter part of the sentence, think worker’s compensation rights and other statutory rights afforded to California employees. Look out for specific executive orders passed in March, April, May, June 2020.

Enforceability of such waivers have not yet been tested through the court system and it is not yet known if courts will limit what an employer can include in such waiver.

Even with signed waivers, employers need to focus primarily on implementing safety and security measures imposed at the city, county, and state level. These include at minimum: (i) physical distancing, (ii) use of face coverings by workers and customers, (iii) frequent handwashing and regular cleaning and disinfection, and (iv) training workers on these and other elements of the COVID-19 prevention plan.

Amid COVID-19, Does Your Office Offer Legal Consultations Via Phone or Zoom (Video Conference)?

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As COVID-19 unleashed a health crisis on an international scale, an economic crisis has also occurred and has impacted every single Californian/American. While COVID-19’s stay-at-home orders and social distancing requirements are still in place in Southern California, questions concerning legal matters have continued well through March, April, and May, 2020. These are some of the most frequently asked questions:

Question: Amid COVID-19, does your office offer legal consultations via Phone or Zoom (Video Conference)?

Answer: Yes, of course. Traditionally, my office offers in-office consultations and phone consultations as preferred methods. With the office building closed amid COVID-19, technology has temporarily replaced in-office consultations. Therefore, if you prefer a consultation via Zoom (or other video conference method) over the telephone option, let’s schedule that.

Email ruth@ryancruzlaw.com or dial 619-528-2202 to schedule a consultation.

Amid COVID-19, Can I Initiate a New Legal Transaction?

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As COVID-19 unleashed a health crisis on an international scale, an economic crisis has also occurred and has impacted every single Californian/American. While COVID-19’s stay-at-home orders and social distancing requirements are still in place in Southern California, questions concerning legal matters have continued well through March, April, and May, 2020. These are some of the most frequently asked questions:

Question: Amid COVID-19, Can I Initiate a New Legal Transaction?

Answer: Yes, of course. I’ve received a few calls where potential clients have a new legal problem and did not know whether these can be dealt with amid COVID-19. Matters involved creating new contracts, establishing new professional relationships, developing new workplace policies, business debt-management, and several others. If you have a new legal matter and are unsure how to handle it during COVID-19, call in and receive a consultation. Consultations offer guidance allowing you to make an informed decision to handle your legal matters.

Email ruth@ryancruzlaw.com or dial in 619-528-2202

Amid COVID-19, Are You Still Networking and Participating in Presentations?

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As COVID-19 unleashed a health crisis on an international scale, an economic crisis has also occurred and has impacted every single Californian/American. While COVID-19’s stay-at-home orders and social distancing requirements are still in place in Southern California, questions concerning legal matters have continued well through March, April, and May, 2020. These are some of the most frequently asked questions:

Question: Amid COVID-19, are you still networking and participating in presentations?

Answer: Yes, absolutely. COVID-19 or not, the successful practice of law requires an expansive network involving professionals of all types and in various industries. I’m still actively participating in the groups featured on this website and with professionals locally and regionally, with a direct and indirect impact to my practice areas. During this time, I’m actively expanding my network in preparation of an anticipated uptick in legal matters following the San Diego Court’s soft re-opening on May 26th following Memorial Day.

Interested in being part of my network? Email me at ruth@ryancruzlaw.com or dial 619-528-2202. Start the call letting me know your intent and we’ll take it from there.

Amid COVID-19, Are Your Offices Still Open For Legal Consultations?

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As COVID-19 unleashed a health crisis on an international scale, an economic crisis has also occurred and has impacted every single Californian/American. While COVID-19’s stay-at-home orders and social distancing requirements are still in place in Southern California, questions concerning legal matters have continued well through March, April, and May, 2020. These are some of the most frequently asked questions:

Question: Are your offices still open for legal consultations amid COVID-19?

Answer: Services are still being offered, yes. The office building in Mission Valley remains closed for the time being, but that should be opening up fairly soon based on county measures. The last few months, services are being offered remotely. Most matters can still be dealt with. In the event matters cannot proceed, you will be advised on how/when to proceed.

Email ruth@ryancruzlaw.com to schedule a free consultation or dial 619-528-2202. Typical response time is same-day and next-day. In the event you do not get an immediate response, you are encouraged to dial back in.

Ryan-Cruz Law, APC announces participation in the Spring, 2020 Wills for Heroes Program

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We’re proud to announce that Ryan-Cruz Law, APC is actively volunteering in the Spring, 2020 Wills for Heroes Program. Pass the word! Hopefully you know a hero in need of this program.

Here’s more information about the Wills for Heroes program as published by the San Diego County Bar Association:
“FREE PREPARATION OF WILLS & MORE FOR SAN DIEGO’S HEROES
Attention San Diego First Responders and Healthcare Workers:
Register for your FREE virtual appointment with an SDCBA Estate Planning Attorney.”

“The San Diego County Bar Association (SDCBA) is teaming up with the Wills for Heroes Foundation once again to give back to our local Heroes — firefighters, police officers, and other first responders in San Diego County, as well as healthcare workers on the frontlines of the COVID-19 crisis. We want to thank you for the sacrifices you make every day to protect all of us. Your work is truly heroic.To show our gratitude, we’re offering you free preparation of essential legal documents by SDCBA member attorneys, including:

•Wills
•Advance health care directives
•Durable powers of attorney

How to qualify:Heroes and their spouses/partners qualify if their estate has a net worth less than $500,000, including cash, personal property, stocks and bonds, real estate (equity only), and savings, as well as the cash value of life insurance policies and retirement assets such as a 401(k) or an IRA. If the net worth of your estate exceeds $500,000, please consider retaining one of the qualified attorneys in our Lawyer Referral Service.”

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Amid COVID-19, Are Real Estate Matters Moving Forward?

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As COVID-19 unleashed a health crisis on an international scale, an economic crisis has also occurred and has impacted every single Californian/American. While COVID-19’s stay-at-home orders and social distancing requirements are still in place in Southern California, questions concerning legal matters have continued well through March, April, and May, 2020. These are some of the most frequently asked questions:

Question: Are estate real estate matters moving forward?

Answer: Yes, the real estate industry managed to quickly adjust to new guidelines and measures in order to avoid interruptions. Here are a few issues and matters that have come across our desks the last few months:

  • My landlord is not providing much financial relief during COVID-19. I have lost my job and wasn’t able to pay rent the last two months and is now threatening eviction. Can he do that? What can I do?
  • I’m in the process of buying a house but was presented with a new Coronavirus CAR form. Are you familiar with that? Can you help explain?
  • I need my contract reviewed. My landlord is amending the lease amid COVID-19 and is adding new protections and releases from liability. Do I have to sign this agreement amendment?
  • I’m selling a property and the buyers want an extension to the escrow process as there have been delays in having them sell their house. Can you help navigate the process?
  • I’m acting as a trustee in a trust administration amid COVID-19 and need to sell a house. Is this a good time to sell?
  • I’m buying an investment commercial property and need help with the buying process as well as help establishing an upcoming landlord-tenant relationship with my prospective tenants. Can you help?
  • Our organization is receiving a property from a non-profit organization.  They are out of state. Can you help  us with the process?
  • A friend of mine and I purchased a property together a few years ago. Now we want to go our separate ways, but I want to keep the property. Can you help?
  • My spouse lost their job and I don’t think we can continue with our mortgage responsibilities. Can you help us with some options?
  • I’m looking to protect myself when purchasing a new investment property. Can you help?
  • I currently own seven different investment properties. With stay-at-home orders, we are concerned a tenant will have habitability issues. We’ll need some guidance. Can you help?
  • Our HOA has imposed new regulations amid COVID-19 which I believe are excessive and are not really necessary in light of COVID-19. What can be done?
  • With stay-at-home measures in place, our condominium has experienced more people at home and thus more use of utilities. Those utilities are impacting my home and causing damage. Whose responsibility is it to repair?
  • My homeowner’s association has called me in to an HOA hearing via Zoom. Is that legal? Can I delay my appearance? What are my options?

Clearly these are paraphrased but this is a brief, incomplete list of the legal inquiries that have come through this law firm amid COVID-19. Some have experienced urgent real estate law needs amid COVID-19 while others needed general guidance for months-long processes.  If you need help with real estate law matters, call in and let’s determine how this office can help.

Amid COVID-19, Are Estate Planning Matters Moving Forward?

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As COVID-19 unleashed a health crisis on an international scale, an economic crisis has also occurred and has impacted every single Californian/American. While COVID-19’s stay-at-home orders and social distancing requirements are still in place in Southern California, questions concerning legal matters have continued well through March, April, and May, 2020. These are some of the most frequently asked questions:

Question: Are estate planning matters moving forward?

Answer: Yes, they most certainly are. As people always say, the one thing we all have for certain is that at some point we all die. For some it is certainly not a fun topic to think about. For others, having their affairs in order is certainly exciting. Count me in the second group. As COVID-19 started, plenty of inquiries were handled asking for either self-help options or assistance in preparing documents. Here are a few issues and matters that have come across our desks the last few months:

  • I’d like to create a simple Will
  • My financial advisor tells me I need to create a Trust. How does that work?
  • COVID-19 has made me think about establishing plans for myself, my spouse, and my children. My children have their own children now. Is this something I can plan?
  • I have a few retirement accounts that need attention. How does your office help with that? Does it?
  • What plans can I make now so that my minor child is cared for should anything happen to me?
  • Mom passed away and we cannot find her Will. What can we do?
  • I live out-of-state and a family member died in San Diego County. Can you help with Probate there?
  • We know dad had a parcel of land out-of-state. He passed and we want to know what happens to that land.
  • I’m currently hospitalized with only a few months to live. Can you help prepare my last wishes for me?
  • My soon-to-be ex-spouse and I own a property together and have a child together. I’ll be initiating a divorce and want to know what happens to our Trust, our property, and our child.
  • I’d like to leave behind a DNR (do not resuscitate). Can you help with that?
  • I’m out of the country and wish for my son to complete the sale of one of my properties there. Can you help?
  • Probate matters in San Diego Court are temporarily on hold, but we need to start a Probate. Can that still happen?
  • My parents left behind a Trust where I was nominated a Successor Trustee (future administrator). Can I start without making a court appearance? Can I start with all the limitations of COVID-19?
  • Under the terms of my parents’ trust they instructed to sell the house and divvy the proceeds between myself and siblings. Can I still sell in spite of COVID-19? Is now the best time to sell or should I wait?
  • My parents are older. They’re safe now and following social distancing measures, but they’d like to discuss updating their Wills. They speak Spanish. Can you help?
  • A few years ago I used a self-help site to create my own Will. Can you review that and confirm everything looks good?

Clearly these are paraphrased but this is a brief, incomplete list of the legal inquiries that have come through this law firm amid COVID-19. For some persons and couples, they may have already had their affairs in order. For others, brand new issues developed during COVID-19 requiring immediate attention.  If you need help with estate planning matters, probate matters, or trust administration matters, call in and let’s determine how this office can help.

 

 

Amid COVID-19, Are Business Law Matters Moving Forward?

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As COVID-19 unleashed a health crisis on an international scale, an economic crisis has also occurred and has impacted every single Californian/American. While COVID-19’s stay-at-home orders and social distancing requirements are still in place in Southern California, questions concerning legal matters have continued well through March, April, and May, 2020. These are some of the most frequently asked questions:

Question: Are business law matters moving forward?

Answer: Yes, absolutely. Here are a few issues and matters that have come across our desks the last few months:

  • I’m opening up a new business, can you help me with the formation process and starting that up?
  • I’m in need of a loan, can you help review my promissory note?
  • I need help navigating the Payment Protection Program (PPP). Can you assist in helping how to maximize this opportunity?
  • My business will need to temporarily close due to COVID-19. What do I need to get in place in order to do this while limiting liability?
  • I’m merging my business and its resources with another local business, can you help with the paperwork involved?
  • Operations have impacted our business only a little, we need help navigating new additional requirements from regulating agencies involved in our industry.
  • My business is still closed but I need to get a few contracts in order, can those be ready in a week or two?
  • My business partner has died and we had no business succession planning in place, the spouse and I need help determining what happens to the business partner’s share
  • I’m looking to secure a business succession plan and have no idea where to start. In case I die, I want my children to inherit the business and if they don’t want it, look for a buyer. Can you help?
  • I don’t know that my operations will make it beyond COVID-19. Can you help assess our business and provide some guidance as to how to either proceed or close our doors.
  • I’d like to file a suit against a non-paying customer and understand the court’s are closed. What are my options?
  • An employee has filed unemployment, but I let him go because he was a bad apple. Is there a way to restrict benefits?
  • During this downtime I have really ramped up my marketing and creating a brand. Can you help protect that and get things in order so that when business re-opens I can have things protected and in place?
  • My commercial landlord is not providing rent relief during COVID-19. What can I do?
  • I operate in a business focused primarily in social gatherings. How can I minimize my losses and adjust to this new normal?

Clearly these are paraphrased but this is a brief, incomplete list of the legal inquiries that have come through this law firm amid COVID-19. For some business owners, it has been a matter of adjusting their operations to new areas of work or entirely new industries. For others, it is business as usual, just slightly delayed or altered.  If you need help with business matters, call in and let’s determine how this office can help.