Healthcare Law

November 2024 Caselaw Review

December 30, 2024

We write to provide you with a summary of cases relevant to employers and healthcare providers from November 2024. These are from the 9th Circuit, the California Supreme Court, and Courts of Appeals. You can see our videos discussing these cases on our Carlson & Jayakumar YouTube channel. Covid-19 and Employment Bedard v. City of…

Increased Complexities of Employing, Investigating, and Reporting Sexual Harassment by Physicians

December 6, 2024

In recent decades, significant due-process rights have expanded to protect physicians from certain non-governmental actions. This expansion has added complexity to issues involving medical-staff membership. Now, insurance companies and medical staffs in hospitals and large practices must provide several legal protections—including a quasi-judicial hearing—before disciplining members. These allow physicians to know the reason for any…

October 2024 Caselaw Update

November 26, 2024

We write to provide you with a summary of cases relevant to employers and healthcare providers from October 2024. These are from the 9th Circuit, the California Supreme Court, and Courts of Appeals. You can see our videos discussing these cases on our Carlson & Jayakumar YouTube channel. Regulations on Healthcare USA v. California Stem…

New Employment Laws Signed by the Governor: What Employers Need to Know

November 19, 2024

The Governor has recently signed several important bills into law that will impact employers across California. These new laws expand existing anti-discrimination protections and employee rights. Here’s a breakdown of the key changes that will go into effect January 1, 2025:  AB 1815: Expanded Protections for Race AB 1815 modifies the definition of “race” under…

Here Comes Your Licensing Board

October 9, 2024

Today’s newsletter provides licensees with an overview of what California’s licensing boards are doing in the realm of enforcement. Then we turn to what you need to do if you are the subject of a complaint, investigation, or Accusation. Our numbers are drawn from the 2023 Annual Reports from the Medical Board of California (MBC)…

PAGA – Where We Are Today

October 3, 2024

In this edition, we delve into a crucial piece of legislation impacting California employers—the Private Attorneys General Act (“PAGA”)—and recent changes to the law.   What is PAGA?  PAGA allows employees to sue their employers for labor code violations. Essentially, it deputizes employees to enforce labor laws that the Labor and Workforce Development Agency (“LWDA”) might…

Understanding Independent Contractors in California Post-AB5

September 5, 2024

The landscape for independent contractors in California has significantly changed following the enactment of Assembly Bill 5 (AB5).  AB5, which went into effect on January 1, 2020, codified and expanded the “ABC test” to determine whether a worker is classified as an independent contractor or an employee. This article provides a refresher on the ABC…

SCOTUS: Employment Law & Healthcare Law Updates in 2024

August 15, 2024

Last November, we sent a newsletter previewing certain cases before the Supreme Court. Specifically, we summarized the matters most likely to “directly impact the employment law or healthcare law sectors on a day-to-day basis.”  Well, the results are now in—let’s take a look at how things shook out and what impact the decisions could have. …

Health Care Minimum Wage Increase Delayed Again!

July 13, 2024

As you may remember from our previous newsletter, SB 525 was signed into law last October, aiming to gradually—but significantly—increase the minimum wage for healthcare workers to $25 per hour, starting on June 1, 2024. But the significant budget shortfall this year has caused the Legislature to agree with Governor Newsom to delay implementing the new law. On…

Artificial Intelligence in Healthcare, Assault & Battery, and Possible Coverage Changes

July 10, 2024

Today we continue with our series on bills the Legislature is currently considering, looking at AI in healthcare, assault and battery, and (possibly) huge changes to coverage. You can see our prior newsletter on what’s being considered here.  Artificial Intelligence  With Artificial Intelligence so much in the news of late, it’s unsurprising a few bills…

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