Publications

California Extends Presumption of COVID-19 as Workers’ Compensation Injury and Modifies Notice Requirements for Potential Exposure

November 21, 2022 Articles

In addition to AB 152 extending COVID-19 leave through December 31, 2022, Governor Gavin Newsom has also signed into law two other COVID-related bills—AB 1751 and AB 2693—affecting employers’ policies regarding employees who contract COVID-19.

AB 1751 has extended current law governing employees who contract COVID-19.   Under this provision, employees who test positive during a COVID-19 “outbreak” at the workplace are presumed to have suffered an occupational injury and therefore are eligible for specified workers’ compensation benefits. An “outbreak” is defined as:

  • for employers with 100 employees or fewer, four employees testing positive for COVID-19 within 14 calendar days;
  • for employers with more than 100 employees, four percent of the employees reporting to the place of employment testing positive for COVID-19 within 14 calendar days; and
  • any specific place of employment that is ordered to close by a local public health department, the State Department of Public Health, the Division of Occupational Safety and Health, or a community college district chancellor, school president, or school superintendent due to a risk of infection with COVID-19.

Employers have 30 days to accept or deny claims from employees falling under the “critical worker” presumption, and 45 days to accept or deny claims from employees falling under the “outbreak” presumption. The presumption may be controverted by evidence including, but not limited to, “evidence of measures in place to reduce potential transmission of COVID-19 in the employee’s place of employment and evidence of an employee’s nonoccupational risks of COVID-19 infection.”  The presumption in favor of the employee will continue until January 1, 2025. 

AB 2693, on the other hand, amends Cal. Lab. Code § 6409.6 to modify current employers’ duties to notify employees of potential exposure to COVID-19. Before AB 2693, employers were required to provide written notices to all employees within one business day of a confirmed case of COVID-19 on the worksite premises. With this new law, employers will also be allowed to post in the worksite a prominently displayed notice regarding the potential exposure, in lieu of written notices. This worksite notice must include:

  • the dates on which an employee with a confirmed case of COVID-19 was on the worksite premises within the infectious period;
  • the location of the exposures, including the department, floor, building, or other area, but the location need not be so specific as to allow individual workers to be identified;
  • contact information for employees to receive information regarding COVID-19-related benefits to which the employee may be entitled under applicable federal, state, or local laws; and
  • contact information for employees to receive the cleaning and disinfection plan that the employer is implementing per the guidelines of the federal Centers for Disease Control and Prevention and the COVID-19 prevention program per the Cal-OSHA COVID-19 Emergency Temporary Standards.

AB 2693 will be in effect until January 1, 2024.

Firm Highlights

Publication

Fair Use Question Goes to Trial in AI Copyright Lawsuit – Thomson Reuters v. Ross Intelligence

On September 25, 2023, a United States Circuit Judge determined that fact questions surrounding issues of fair use and tortious interference required a jury to decide media conglomerate Thomson Reuters’s lawsuit against Ross Intelligence...

Read More
Publication

California Proposes New AI & Automated Decision-Making Technology Regulations

The California Privacy Protection Agency (CPPA) released its draft  regulatory framework for automated decision-making technology (ADMT) on November 27. These regulations are a preview of what new requirements may look like for companies currently...

Read More
Publication

It Wasn’t Me, It Was the AI: Intellectual Property and Data Privacy Concerns With Nonprofits’ Use of Artificial Intelligence Systems

In today's rapidly changing technological landscape, artificial intelligence (AI) is making headlines and being discussed constantly. To be sure, AI provides a powerful tool to nonprofits in creating content and exploiting for countless cost-effective...

Read More
News

Scraping Battles: Meta Loses Legal Effort to Halt Harvesting of Personal Profiles

Alex Reese spoke to Matt Fleischer-Black of  Cybersecurity Law Report about the Meta v. Bright Data decision and its impact on U.S. scraping case law. Read the article here (paywall or trial).

Read More
News

Farella Wins Complete Defense Ruling at Trial for Smart Meter Technology Company

Northern California legal powerhouse Farella Braun + Martel secured a complete defense victory for a smart meter technology company following a two-week bench trial in the U.S. Bankruptcy Court for the Southern District of California...

Read More
Publication

A Summary of New Laws Coming for California Employers in 2024

In 2023, California has adopted several new employment laws either introducing new employee protections or codifying existing practices into state law. With these changes, employers will need to examine and adjust some of their...

Read More
News

Farella 2024 Partner Elevations: Cynthia Castillo and Greg LeSaint

Northern California legal powerhouse Farella Braun + Martel is pleased to announce the election of two lawyers to partnership effective Jan. 1: Cynthia Castillo and Greg LeSaint. “We are thrilled to elevate Cynthia and...

Read More
Publication

Is the Copyright Threat to Generative AI Overhyped? Implications of Kadrey v. Meta

In November 2023, Meta successfully had nearly all of the claims against it dismissed in the Kadrey v. Meta Platforms, Inc. suit, a victory with potential implications for other technology companies with generative AI tools...

Read More
News

Winston Liaw Named a Leadership Council on Legal Diversity Fellow

Northern California legal powerhouse Farella Braun + Martel is proud to announce that Winston Liaw has been named a Leadership Council on Legal Diversity (LCLD) Fellow for 2024. Winston joins a select group of...

Read More
Publication

Major Decision Affects Law of Scraping and Online Data Collection, Meta Platforms v. Bright Data

On January 23, 2024, the court in Meta Platforms Inc. v. Bright Data Ltd. , Case No. 3:23-cv-00077-EMC (N.D. Cal.), issued a summary judgment ruling with potentially wide-ranging ramifications for the law of scraping and...

Read More