California Employers Now Subject to Additional COVID-19-Related Laws Related to Cal/OSHA Reporting and Worker’s Compensation

The addition of even more employee-leaning laws in the Golden State continues. With the passing of AB 685 and AB 1159 Employers now have greater OSHA reporting requirements/penalties and a new term "disputable presumption" gives increased liability to Workers Compensation coverage. The later of which is poised to make workers compensation premiums skyrocket! In this Article and FAQ, Lara Shortz and Stacey Chiu with Michelman & Robinson, discuss the details and ramifications of the new bills on business owners.

To download the PDF version please click HERE.

COVID-19 Guidance and Resources

By: The Zenith, A FAIRFAX Company 

The Zenith put together an amazing toolkit for all things COVID-19. The toolkit is organized as a summary with links to several highly informative and valuable resources. It addresses issues such as Facility Sanitization, Group Gatherings, Human Resources, Transportation, along with a significant Resource section addressing. This is definitely worth a quick glance and something to have handy when the need for more information arises. 

To download the PDF version please click HERE.

Certifying Your PPP Loan; Proceed With Caution

Article by: Sanford Michelman, Bryan Johnson, Robert Berg with Michelman & Robinson, LLP 

Those who have applied—or will be applying—for a PPP loan will no doubt be aware of the section in the SBA's Borrower Application Form that requires a company's authorized representative to certify in good faith that "[c]urrent economic uncertainty makes [the] loan request necessary to support the ongoing operations of the Applicant."

While it may seem simple enough to check that box, borrowers must clearly understand that significant penalties and even criminal punishment may attach to loan submissions that do not meet this standard of necessity. That being said, there is a problem: the SBA or U.S. Treasury has yet to issue any guidance that explains the precise circumstances that might make a PPP loan necessary for any given business.

To read the entire article please click HERE.

Cleaning and Disinfecting Your Facility

This is a detailed summary of necassary steps to clean and disinfect your facility. The step by step summary addresses Everyday Steps, Steps When Someone is Sick and Considerations for Employees. This is a great training piece for during and after 



The Employer's Guide to COVID-19

This 82 page toolkit provides a comprehensive overview of the most pressing issues facing employers, including vital information regarding new federal laws such as the Families First Coronavirus Response Act (FFCRA) and Coronavirus Aid, Relief and Economic Security (CARES) Act, HIPAA privacy considerations, carrier response to the pandemic, layoffs and furloughs, tax credits and much more. However, please note that due to the developing nature of the pandemic, it is highly likely that the guidance found in this toolkit will require updating. Every effort will be made to continue to provide the most accurate, up-to-date information regarding COVID-19 and employer compliance considerations.

This toolkit is informative in nature and should not be used as a substitute for legal advice. For additional assistance, seek the help of legal counsel and a qualified insurance broker at Excelsure Insurance Services.

This toolkit was last updated on: April 17, 2020.



Earlier today, 04/21/2020, in response to the impact of the coronavirus disease pandemic, the WCIRB voted unanimously to make a special regulatory filing to the California Insurance Commissioner. The changes, if approved, would have a significant impact to the over all Workers Compensation costs for most businesses in CA.


CADOI COviD-19 Premium Reductions

The California Department of Insurance released a Bulletin on 04/13/2020 directing California Insurance Carriers to make an initial premium refund for the moths of March and April. Here is a copy of the Bulletin for exact details of affected policies and details of the order.


Risk Insights Force Majeure and Corona virus 

The novel coronavirus (COVID-19) global pandemic has caused organizations around the world to experience disruptions to their normal course of business. Common problems include mandatory remote work, business closures and quarantines, travel restrictions and breakdowns in the supply chain. The issues caused by the pandemic have raised an important question for many businesses: Does the COVID-19 global pandemic qualify as a “force majeure” event for purposes of their business contracts?


In this rapidly changing environment, it is important that you make the right moves for your business and you personally. We need to move fast BUT smart. Since the economic meltdown the FED and STATE have made significant changes that have been enacted to attempt to save jobs and businesses. Depending on your specific situation and the current state of your business there are different options you need to consider before making decisions.


DOL Clarifies Exemptions to 
Coronavirus Paid Leave Laws

The U.S. Department of Labor (DOL) has issued frequently asked questions (FAQs) that address exemptions to the paid leave requirements under the Families First Coronavirus Response Act (FFCRA). The FFCRA requires covered employers to provide their employees with paid sick leave or expanded family and medical leave for specified reasons related to COVID-19.


Responding to an Employee’s Positive Coronavirus Test

As the number of coronavirus disease 2019 (COVID-19) cases grows daily, employers across the country are dealing with the difficult situation of responding to an employee’s positive COVID-19 test.

If you’re in this situation, you may be wondering what you need to do. This article provides an overview of how you can respond to finding out an employee has COVID-19.


OSHA Guidance on COVID-19 

The Occupational Safety and Health Act (the Act) was enacted to regulate workplace safety and health. The Act is administered by the Occupational Safety and Health Administration (OSHA).

The Act and its accompanying regulations identify a significant number of recognized hazards and establish safety and health standards to address them. However, even when no standard specific to a recognized hazard applies, the Act requires employers to look after their employees’ general safety and health.


Coronavirus Disruptions to CMV Driver Drug and Alcohol Testing 

The Federal Motor Carrier Safety Administration (FMCSA) regulations provide reasonable flexibility to motor carrier employers and their drivers subject to testing. However, the FMCSA is aware that disruptions caused by the COVID-19 national emergency are interfering with, and in some cases, may be preventing, employer and driver compliance with current drug and alcohol testing requirements.


IRS Issues Guidance on Tax Credits for Coronavirus Paid Leave

Small and midsize employers may begin using two new refundable payroll tax credits to obtain reimbursement for the costs of providing coronavirus-related leave to their employees, the U.S. Department of Labor (DOL) and Internal Revenue Service (IRS) announced on March 20, 2020. 


DOL Guidance - Employer Paid Leave Requirements in the FFCRA

The U.S. Department of Labor (DOL) has issued guidance on the paid leave requirements under the federal Families First Coronavirus Response Act (FFCRA). 


Families First Coronavirus Response Act—Questions and Answers

As part of sweeping legislation—the Families First Coronavirus Response Act (FFCRA)—signed into law by President Trump on March 18, 2020, two laws were enacted that provide workers with paid leave for reasons related to the coronavirus (COVID-19) pandemic.



This is a great flowchart to share with you staff to know when to call a doctor if their symptoms warrant. Post this in a common area where all you staff will see it.


what to do if you're SICK with 

According to the Centers for Disease Control and Prevention, coronavirus disease 2019 (COVID-19) is caused by a type of coronavirus that can spread from person to person and cause respiratory illness.


Going Below the Surface: How Long Does COVID-19 Last. 

Detail of COVID-19 life span on different surfaces and how to property clean these surfaces.


Face Mask Use and Necessity 

This document details when and how to use a face mask. This a great document to post in your office for all your employees to read and review.


COVID-19: Hand Hygiene 

This document details the proper step to properly clean their hands. It is a great document to post as a reminder to your employees.


Insurance Commissioner Lara Calls for 60-Day Insurance Premium Grace Period Due to COVID-19 Outbreak

Insurance Commissioner Lara Calls for 60-Day Insurance Premium Grace Period Due to COVID-19 Outbreak

In separate action, auto insurers requested to maintain insurance coverage and driver discounts to consumers with expired licenses

SACRAMENTO, Calif. – Insurance Commissioner Ricardo Lara today issued a Notice requesting that all insurance companies provide their policyholders with at least a 60-day grace period to pay insurance premiums. The Commissioner made the request to ensure policies are not cancelled for nonpayment of premium due to the novel coronavirus (COVID-19) public health emergency. 


New Coronavirus Relief Laws Require Paid Employee Leave

As part of sweeping legislation signed into law by President Trump on March 18, 2020, two laws were enacted that provide workers with paid leave for reasons related to the coronavirus (COVID-19) pandemic. One of the new leave provisions, the “Emergency Family and Medical Leave Expansion Act,” allows 12 weeks of partially compensated FMLA leave to care for a child whose school or child care facility has been closed due to COVID-19. The leave applies only to workers who have been employed by their current employer for 30 days.

The other new law providing employee leave, the “Emergency Paid Sick Leave Act,” requires employers to provide 80 hours of paid sick time to employees in specified circumstances, including: 


Coronavirus Bill Requiring Paid Employee Leave Signed Into Law

On March 18, 2020, President Trump signed the Families First Coronavirus Response Act (the Act) into law. The Act requires employers to provide paid leave for some employees related to the coronavirus (COVID-19) pandemic, among other measures. The Act takes effect no later than 15 days after it is signed by the president. 

The Act requires two weeks of paid sick leave for government workers and employees of companies with fewer than 500 employees. Leave must be made available to workers who are symptomatic or are under an order or advice to quarantine or self-isolate, who have to care for a family member under such an order or advice, or who have a child whose school or child care provider or facility has closed or is unavailable due to the coronavirus. 


Business Interruption Policies and Coronavirus

As the coronavirus (COVID-19) outbreak evolves, businesses face growing uncertainty as to how this pandemic will affect their operations long term. This is especially true when you consider that many organizations—including bars, restaurants, entertainment venues, retailers and manufacturers—have had to close their doors or cease operations as a result of COVID-19. Not only has this severely impacted their ability to serve their customers, but, for some, it has also led to indefinite disruptions—disruptions that could impact their bottom line.

As a result of the unprecedented challenges COVID-19 brings, many businesses are turning to insurance, like business interruption insurance, for help.


Protecting Workers From 

As concerns about the COVID-19 continue to rise, many employers are left to wondering what they can do to protect their workforce. This Risk Insights will examine what coronavirus is, how it spreads, and what employers can do to protect their workforce.

According to the World Health Organization (WHO), coronavirus is a family of viruses that cause illnesses ranging from the common cold to more severe diseases. Common signs of infection include headache, fever, cough, sore throat, runny nose and breathing  

difficulties. In more severe cases, infection can cause pneumonia, severe acute respiratory syndrome, kidney failure and even death. 



As the number of reported cases of the novel coronavirus (COVID-19)  continues to rise, employers are increasingly confronted with the possibility of an outbreak in the workplace.

Employers are obligated to maintain a safe and healthy work environment for their employees, but are also subject to a number of legal requirements protecting workers. For example, employers must comply with the Occupational Safety and Health Act (OSH Act), Americans with Disabilities Act (ADA) and Family and Medical Leave Act (FMLA) in their approach to dealing with COVID-19. 



Since December 2019, COVID-19, commonly referred to as the Coronavirus has spread to all but a few states. Due to the fast spreading of this virus, the World Health organization (WHO) has categorized COVID-19 as a pandemic. While there have been deaths associated with the virus, the majority of people do recover. This lesson will go over how the virus is spread and how you can minimize your chances of spreading or catching the disease. 

Coronaviruses (CoV) are a large family of viruses. This family of viruses can cause illnesses that  range from the common cold to Middle East Respiratory Syndrome (MERS-CoV) and Severe Acute Respiratory Syndrome (SARS-CoV). 

The strain of coronavirus that is causing the current outbreak is being labeled as COVID-19. 


pandemic safety

A pandemic is a global disease outbreak. There have many pandemics throughout recorded history. While pandemics can disrupt everyday life, there are many steps that the average person can take to minimize the spread and exposure of the disease. This lesson will go over how diseases are spread and how the spreading of disease can be minimized. 

Whether you are working in a warehouse, factory, office or other industry, diseases are commonly spread in your workplace. These diseases can range from very mild such as the cold or flu, to more severe contagions. Spreading of disease can occur in the following ways: