On September 17, 2020, California Governor Newsom signed SB-1159. Effective immediately, the bill adds three new sections to the California Labor Code (§§ 3212.86-3212.88) which create a rebuttable presumption that certain employees who test positive for COVID-19 contracted it in the workplace. For these employees, the legislation modifies the definition of “injury” for the purposes of workers’ compensation, to include illness or death resulting from COVID-19. The legislation also creates a COVID-19 reporting requirement for employers who employ at least five employees, and makes several other nuanced changes to the way employers must treat workers’ compensation claims based on COVID-19 infections. READ MORE
Frank Nicholas Zalom
To do so, Frank collaborates with retail, financial and manufacturing clients to develop policies which address ever-changing and complex employment regulations. When those issues need to be addressed in single plaintiff, multi-plaintiff or class action litigation, Frank calls on his litigation experience to help frame each case from his client’s perspective and provide aggressive, yet practical and client-focused advocacy.
Prior to joining Orrick, Frank clerked for the Honorable Edward G. Smith in the United States District Court for the Eastern District of Pennsylvania.
The resiliency and teamwork which Frank applies to representing his clients, he previously honed in the United States Navy. Prior to practicing law, he served as a surface warfare officer, where he participated in multiple deployments conducting counter narcotics trafficking and coastal maritime security operations. Frank continues to support the Navy community through his pro bono work on military and veterans-related matters.
Posts by: Frank Zalom
As COVID-19 has forced more Americans than ever to stay home, the package delivery workforce has been active in delivering food and other essential items to people’s doorsteps. These package delivery drivers may have increased levels of risk of exposure to COVID-19 because the tasks they perform can bring them into close contact with the general public. READ MORE
As the holiday season approaches, it is a good time for employers to review their policies and take preventative measures to ensure festivities do not get out of hand at office holiday parties. The dangers of blurring the lines between professional conduct and holiday celebrations was demonstrated in a recent case out of the United States District Court for the Eastern District of California. The lawsuit alleges that following an office holiday party, a managerial employee invited several co-workers to a second location to continue celebrating. It further alleges that toward the end of the night, the manager and one of his reports ended up alone in the hotel room and the manager sexually assaulted her.
A company’s general counsel learns that an executive assistant has made an internal report of sexual harassment against the CEO. Given the allegations and people involved, the GC personally investigates the report and enlists the help of a senior VP to interview key witnesses. The GC also retains outside counsel to advise the company and its board of directors on the matter. READ MORE
On July 22, 2019, the Ninth Circuit withdrew its recent decision in Vazquez v. Jan-Pro Franchising International, Inc., and ordered that it would certify to the California Supreme Court the question of whether the worker classification test articulated in Dynamex Operations West v. Superior Court applies retroactively. READ MORE