This statute makes it a crime to violate a quarantine order placed due to a communicable disease or infection. This law directly applies to the current COVID-19 pandemic and stay-at-home orders passed by many leaders of the states. Any person who, after notice, violates, or who, upon the demand of any health officer refuses or neglects to conform to, any rule, order, or regulation prescribed by the department respecting a quarantine of disinfection of persons, animals, thing, or places, is guilty of a misdemeanor.
Violating HS 120275 is a misdemeanor as opposed to an infraction or felony. May result in:
In order to be convicted for violating this health and safety code, a prosecutor must prove that the defendant had notice of an order or rule regarding the quarantine from an infectious disease and that they wilfully disregarded the order. The purpose of quarantine is to achieve a certain level of disinfection. Under 120275, “disinfection” can include people, animals, things, or places.
If you have been accused of violating a quarantine order, it is important to seek legal counsel as soon as possible. Although the law classifies the violation as a misdemeanor, it can lead to serious consequences. For example:
First. A criminal record under this article remains on the database. Even if the punishment is limited to a fine or probation. But it can be expunged later, and the mere presence of the record can affect getting a job or renting an apartment. Second. Although a violation of HS 120275 does not result in deportation, in certain cases it may be grounds for denial of entry into the United States. It may also be grounds for denial of visa renewal. This is especially important for international students, visa workers, and those seeking citizenship. Third. A conviction under this article may affect the right to own firearms. In some cases, especially repeat offenders, additional restrictions may be imposed.
Therefore, even if the charge seems minor, the consequences can be significant. It is important not to ignore the situation and not to try to understand the law on your own. On the contrary, it is necessary to consult with an attorney who will help you determine a defense strategy based on all the circumstances. KAASS LAW is ready to protect your rights and minimize possible consequences.
Anytime an order of quarantine is placed in effect, people’s constitutional rights are always brought into question. Depending on the reason for violating a quarantine, the misdemeanor charge could violate a number of constitutional rights.
Another possible defense would be the “necessity” defense. The defendant violated the quarantine due to a necessity like going to the hospital, going to the grocery store, being an essential worker and overall any necessary reason to break the quarantine will give grounds for defense. These circumstances may cause a judge or prosecutor to dismiss charges. A defense that may work, but is less likely to be successful is the defense of no intent. The defendant had no knowledge of the quarantine order and was not aware they were violating it. The only time a constitutional rights defense would work, is if the quarantine is due to a communicable disease. Only then is it not a violation of constitutional rights because it is an order that seeks to protect citizens.
In California, law enforcement usually doesn’t arrest someone for violating HS 120275 alone; the person typically breaks additional laws as well, such as:
Are you in need of legal assistance for violating HS 120275? Get in touch with KAASS Law by calling us at (310) 943-1173 or by using the contact form below! [contact-form-7 id="5673" title="KAASS LAW Contact Form"]
Calling off work due to getting sick is the worst. As a result, you lose days of wages and puts financial pressure for a lot of hard workers. The COVID-19 pandemic brought unpredicting challenges to workplaces and individuals across California. Employees faced illness, quarantine requirements, and caregiving responsibilities, often leading to lost wages and financial strain. Fortunately, California's Short-Term Disability Insurance (SDI) program provides crucial financial support to eligible workers who need time off work due to COVID-19. At KAASS LAW, we understand the complexities of navigating SDI benefits and are dedicated to helping individuals access the support they need during challenging times. The following provides comprehensive information about California SDI benefits for COVID-19, including eligibility requirements, benefit amounts, and how to apply.
The short-term disability (SDI) insurance program provides short-term benefit payments to employees who are off work due to a non-work-related injury or illness. State of California has announced numerous changes in SDI rules in response to the COVID-19 outbreak.
To receive short-term disability benefits in California, a person is required to meet the following requirements:
The whole world is suffering nowadays because of the Coronavirus (COVID-19). The United States, like numerous other countries, is on national lockdown. The lockdown affected everyone either directly or indirectly. Both small and large businesses have suffered as a result. Free movement has limits after Los Angeles Mayor’s “stay-at-home” order. This leads to a chaotic environment for numerous businesses. It can be especially crucial for small businesses. Several businesses can not operate at all. It is very important now to provide especially the small and essential businesses with assistance and with new stimulus to overcome this situation. The COVID-19 pandemic brought unprecedented disruptions to businesses and individuals across the globe. Government-imposed "stay-at-home" orders, while necessary to curb the spread of the virus, caused significant financial hardship for many. If your business suffered losses due to these mandatory closures or restrictions, you might have a claim to compensation. At KAASS Law, we commit to helping you explore available avenues for recovery. The following is our attempt to help navigate information about seeking coverage for losses related to COVID-19 "stay-at-home" orders. Any kind of business assistance is worth it now. Additionally, still, several ways may reveal to seek coverage from your insurance for harm caused to your business due to the lockdown.
Plant closings and mass layoffs are devastating events for workers, families, and entire communities. The sudden loss of income and benefits can create significant financial hardship. This can also be an emotional toll since unemployment can be equally devastating. In the United States, while the right to close a plant or lay off workers generally rests with the employer. However, there are federal and state laws in place aimed at providing some protection and assistance to affected employees. Here at KAASS LAW, we want to explore these laws. The following will aim towards focusing on the key federal legislation for plant closings and layoff laws. The decision to close a plant or lay off employees is a very serious matter. It carries significant consequences for both the company and its workforce. In the United States, a complex web of federal and state laws governs these actions. This aims to protect workers' rights and provide some level of support during difficult transitions. California employees have some certain rights in case their employer closes a facility, conducts a mass layoff, or otherwise cuts a huge number of jobs. Though employees don’t have a legal right to keep their jobs. Nor to be hired into other positions with the company or be considered for rehire, but they have the right to a certain amount of notice before a large-scale layoff or a plant closing. According to the federal Worker Adjustment and Retraining Notification Act (WARN) employees are entitled to damages in this case employer fails to give proper notice. California also has its own version of the WARN Act
During the COVID-19 epidemic, the Wage and Hour Division is devoted to preserving and improving the welfare of workers. During the epidemic, federal regulations such as the Fair Labor Standards Act and the Family and Medical Leave Act give crucial worker rights.
According to the Family and Medical Leave Act, covered workers can take up to twelve weeks of job-protected, unpaid leave a year due to a medical condition. The Family and Medical Leave Act covers employers who have employed fifty or more workers for twenty or more weeks of the current or preceding year. Employees must have worked for the company for at least twelve months to be able for FMLA leave.
An employee will certainly qualify for twelve weeks of job-protected leave in case he has been tested positive for coronavirus. In case a person takes care of a family member with coronavirus, he also qualifies for up to twenty-six weeks of FMLA leave over a twelve-month period.
Employees who are temporarily out of work due to no fault of their own may be eligible for unemployment benefits. However, eligibility requirements, prior earnings requirements, benefit amounts, and other details differ by state. The following are the basic guidelines for receiving unemployment benefits in California. The Employment Development Department in California is the agency in charge of unemployment benefits (EDD).
The impact of COVID-19 does not require a person to have a layoff in order to receive benefits. Additionally, federal laws have changed in order to include those out of work due to the virus. Now, states can pay benefits in the following situations:
Here are some CoronaVirus safety and prevention methods that can be used by you and your loved ones. Now, we do not want to use the term social distancing because, for god's sake, we need people to be as social as much as possible in this time; however, without the physical association. In this day in age of social media and all sorts of applications like Facebook, Twitter, Instagram, LinkedIn, and even TikTok there are many opportunities to be social without being physically exposed. At a time of such a pandemic it may be beneficial to search for government services on Formalu, that may be of help as well. Many are using their physical isolation on the stock market rampaging through, with the help of , , or .
Here are some CoronaVirus safety and prevention methods that can be used by you and your loved ones.
Now, we do not want to use the term social distancing because, for god's sake, we need people to be as social as much as possible in this time; however, without the physical association. In this day in age of social media and all sorts of applications like Facebook, Twitter, Instagram, LinkedIn, and even TikTok there are many opportunities to be social without being physically exposed. At a time of such a pandemic it may be beneficial to search for government services on Formalu, that may be of help as well. Many are using their physical isolation on the stock market rampaging through, with the help of RobinHood, TDAmeritrade, or MarketRebellion. There are various reasons why physical distancing or self isolation can be a highly beneficial safety and prevention method for the CoronaVirus. For layman terms, you cannot catch what you cannot touch, thus distance is by far the best prevention. Think of it as a greater degree of physical abstinence than we have learned. Right now its not AIDS but COVID-19, which is said to be an airborne virus--scary term coupled with the realization that it is what we are currently going through. Yup, just like the movies, although now it's not the movies, but sure feels like it, until we see the chips falling in cough around us. From the smoke it feels like the health system in the most strained link in this story. With the Federal Reserve on steroids and the Government following suit will this be enough. Perhaps one for the . For those who are not infected with the virus, self isolation is beneficial because it will help prevent you from coming in contact with the virus. If you are already infected with the CoronaVirus, self isolation may be even more of beneficial safety and prevention method because it will prevent you from spreading the virus to others. But of course, contact your health providers asap if you are feeling any of its known symptoms--ask your doctor about those. Health care is getting innovative. For example, in Glendale, CA has been providing drive through CoronaVirus tests. Many specialist are continuing to perform vital non CoronaVirus related medical conditions throughout this Pandemic. Thus, at this time of high danger of exposure and infection, physical isolation is one of the biggest things we can do as a community to help.
According to California law, a person is eligible for short-term disability payments in case he is incapable to work due to having coronavirus or being exposed to the novel coronavirus.
In case an employee already has a coronavirus, he must submit a medical certification signed by either by a doctor or public health officer, which must contain the following information:
In case an employee is quarantined due to COVID-19 exposure or potential exposure, he must be able to qualify for a short-term disability benefit if his quarantine is certified by a doctor or public health officer.
An employee can be able to collect short-term disability benefits in case he was laid off and searching for work at the time he became unable to work due to coronavirus or coronavirus exposure. Though in this case a person can’t collect unemployment benefits and SDI at the same time.
California has waived the seven-day waiting period for collecting benefits and an eligible employee can start to receive SDI benefits for the first day off work.
You can apply for SDI benefits online through the EDD website or by mail. When applying, you will need to provide:
Applying for and receiving SDI benefits can be a complex process, especially during the challenges of a pandemic. At KAASS Law, we are dedicated to helping individuals understand their rights and navigate the SDI system. If you have questions about SDI benefits for COVID-19 or need assistance with your claim, contact us today for a free consultation. We can help you:
If you're facing the challenges of COVID-19 and need financial or legal help, don't hesitate to seek legal assistance. KAASS Law is here to help you access the SDI benefits you deserve and protect your rights as a California worker.
Get in touch with our legal professionals at KAASS LAW for more information. [contact-form-7 id="5673" title="KAASS LAW Contact Form"]
Business interruption insurance is designed to help businesses recover financial losses incurred due to unexpected events that disrupt normal operations. This coverage typically includes:
Many businesses faced challenges when filing business interruption claims related to COVID-19. Insurance companies often denied claims, arguing that the pandemic did not cause "physical damage" to property, which is a typical requirement for coverage. However, several legal challenges and court rulings have provided some hope for businesses seeking coverage.
Different types of insurances exist to secure your business from undesired consequences. And each of them has its own policies, which define when, how, in which terms the insured can claim and get coverage. Many entrepreneurs prefer to pay more for insurances, to be premium members, and to be on the safe side, but some of them choose cheaper insurances, without any additional coverage only for the riskiest scenarios. To figure out whether you can claim coverage from your insurance you should read very carefully the policy defined for your insurance. In the policy, you may meet the point that provides you with the lawful right to claim for your coverage. Sometimes it can be very difficult for a non-lawyer to discover that very point in the whole policy and it is important to consult with an attorney experienced in cases related to Insurances.
If you found out that your insurance contains the point that covers the present scene and you strongly believe that there exists the lawful right to claim for coverage, you should figure out now who has the liability to claim. By default, it will be the business owner on behalf of his or her own business. There may be a possibility also for landlords, who are forced to deal with unpaid rent and other related issues stemming from their tenants’ cessation of use with respect to the Insured Premises.
The nowadays situation is very unusual, it may even become confusing to a lawyer, let alone to a person without any legal discipline at all.
The COVID-19 pandemic brought unprecedented disruptions to businesses and individuals across the globe. Government-imposed "stay-at-home" orders, while necessary to curb the spread of the virus, caused significant financial hardship for many. If your business suffered losses due to these mandatory closures or restrictions, you might be entitled to compensation. At KAASS Law, we understand the challenges businesses have faced and are committed to helping you explore available avenues for recovery. The State of California also has a guidance and resources available to look into alternative solutions. KAASS Law firm’s lawyers are experienced in cases related to insurances and they can provide you with Coronavirus (COVID-19) legal help. They can help in the validity of the potential claim. They can ensure that the time limit, in your case, is met. Also, to produce the imperative paperwork available. This paperwork plays a huge role in such kinds of processes and is a mandatory part of compliance rules.
According to the Federal WARN Act, companies that employ a certain number of employees are required to provide affected employees, their representatives and specified government officials and agencies with sixty days’ advance, written notice prior to any mass layoffs or plant closings. California’s WARN Act is much broader in scope than the federal law and affects more employers. Accordingly, companies must comply with the requirements of both laws and penalties, including up to sixty days’ back pay per employee, could be assessed for failing to provide required notice.
Federal Worker Adjustment and Retraining Notification Act and California’s WARN Act require employers to give advance notice of mass layoffs or plant closings which will result in a certain percentage of employees losing their jobs.
Under federal WARN Act employers are covered in case they have at least one hundred full-time employees or at least one hundred employees who work a combined 4,000 hours or more per week.
According to California’s WARN Act employers are covered in case they own a commercial or industrial facility, which employs at least seventy-five employees.
Mass layoffs are job cuts at a single work location. This can trigger specific legal requirements:
California law is applicable in the following cases:
Failing to comply with the WARN Act or state layoff laws can have serious consequences, including:
While legal compliance is essential, ethical considerations should also guide your actions. Treat employees with dignity and respect throughout the process. Provide support and resources to help them transition to new opportunities.
Here at KAASS LAW, we strive to best serve our clients with the fullest extent. We also attempt to inform our readers and any potential clients to strive to learn more.
Plant closings and layoffs are complex events with significant legal and human implications. By understanding the applicable laws, seeking expert legal counsel, and prioritizing open communication and ethical treatment of employees, you can navigate this challenging process with greater confidence and minimize potential risks.
Fair Labor Standards Act is a federal law which sets overtime rules and minimum wage. In some cases, different rules apply depending on whether a person is an exempt or non-exempt employee. Most salaried workers are exempt from the Fair Labor Standards Act while many hourly workers are non-exempt. In case the employer decides to close due to the coronavirus outbreak, exempt employees can get their regular pay. On the other hand, according to this law, non-exempt workers, who are usually hourly employees, can't get the pay.
Generally, workers' compensation is available for those employees who suffer occupational illness or injury at work. Under workers' compensation law ordinary diseases such as cold and flu aren't compensable, even if the employee caught them from a colleague. Although, in case there is something unique to a person’s profession which makes it more likely for him/her to get a disease than any other typical employee. Then he/she might get workers' compensation. The list of such workers can include:
As the COVID-19 outbreak is very unprecedented it is uncertain under what circumstances an employee can qualify for workers' comp benefits. That’s why it is very important to consult an employment lawyer to get more about available options.
In this case, an employee can file a claim for Unemployment Insurance benefits with the California Employment Development Department. Employees must achieve certain minimal requirements in order to be eligible for benefits. Having an immigrant status that allows him or her to work, as well as sufficient previous earnings. The California Department of Employment Development did not approve the claim, employee can earn anywhere from $40 to $450 each week. In the event that an employee is temporarily let go and wishes to return to the same company. If receiving UI benefits, he does not have to meet the ordinary requirement of looking for work. However, if the individual is not attached to a specific business with a job to return to, he or she is required to look for work while receiving UI payments.
Contact our Glendale attorney today for a consultation and case review. Please feel free to give our office a call at 310.943.1171.
In order to receive unemployment insurance benefits, you must meet state income and time worked requirements over a set period of time known as the "base period." In most states, your base period is a one-year period that includes the last four of the last five calendar quarters worked prior to filing your claim. When determining eligibility, your unemployment agency will most likely use a base period of these four full calendar quarters. If you file an unemployment claim between January and March, your base period is January to September of the previous year, as well as October to December of the year before. The base period for claims filed in April through June is January through December of the previous year. For July through September clams, a base period of April through December of the previous year and January through March of the current year is used. Finally, claims filed from October to December have a base period of the previous year's July to December and the current year's January to June.
Employees whose hours have been limited may be eligible for partial unemployment benefits, which are typically a portion of the pay they would have did receive if they were fully unemployed. Employees who quit due to a significant reduction in hours or pay may be eligible for unemployment benefits as well. According to the Employment Development Department, the first $25 or 25 percent of employee’s wages, whichever is the greater amount, is not wages earned and won’t be reduced from his UI weekly benefit amount.
The required information can be found here: https://www.edd.ca.gov/. Select “File & Manage a Claim” to apply for unemployment benefits. Through this link, a person can also learn about the appeals process, find current benefit amounts, eligibility requirements and more.
If you or a loved one are temporarily out of work due to no fault of their own, then you may be able to get compensation. If that is the case, contact our Glendale personal injury lawyer today for a consultation and case review. Please feel free to give our office a call at 310.943.1171.
There are various reasons why physical distancing or self isolation can be a highly beneficial safety and prevention method for the CoronaVirus. For layman terms, you cannot catch what you cannot touch, thus distance is by far the best prevention. Think of it as a greater degree of physical abstinence than we have learned. Right now its not AIDS but COVID-19, which is said to be an airborne virus--scary term coupled with the realization that it is what we are currently going through. Yup, just like the movies, although now it's not the movies, but sure feels like it, until we see the chips falling in cough around us. From the smoke it feels like the health system in the most strained link in this story. With the Federal Reserve on steroids and the Government following suit will this be enough. Perhaps one for the The World Almanac. For those who are not infected with the virus, self isolation is beneficial because it will help prevent you from coming in contact with the virus. If you are already infected with the CoronaVirus, self isolation may be even more of beneficial safety and prevention method because it will prevent you from spreading the virus to others. But of course, contact your health providers asap if you are feeling any of its known symptoms--ask your doctor about those. Health care is getting innovative. For example, Harmony Health in Glendale, CA has been providing drive through CoronaVirus tests. Many specialist are continuing to perform vital non CoronaVirus related medical conditions throughout this Pandemic. Thus, at this time of high danger of exposure and infection, physical isolation is one of the biggest things we can do as a community to help.
Keeping your hands as clean as possible throughout the day can be a major factor of Coronavirus safety and prevention. There are various ways of keeping your hands clean throughout the day. One great way is to wash your hands with soap and scrub them thoroughly as many times as possible throughout the day. Another great way of keeping your hands clean is by disinfecting them with hand sanitizer as many times as possible throughout the day.
One safety measure you should pursue is to not shake hands during greetings. Instead, you can greet people in ways that do not involve physical touch, such as a wave, nod, or a bow. This will help you from additional potential exposure to the virus and it will also help those around you in case you have already been exposed.
Wearing a respirator mask with a regulated filtration capability such as "N95" can be a major factor of preventing yourself being infected by the Coronavirus when being outside of your home or around other people. Medical professionals suggest not to mistake the average surgical mask for an N95 approved respirator because there is definitely a difference. A properly fitting N95 approved respirator can prevent you from breathing in any airborne germs from the breath of those around you, while a surgical mask will not. Although a surgical mask does not provide the same benefits as an N95 respirator, it can still have its own benefits. A surgical mask can help prevent those who are already infected with the Coronavirus from spreading it. This is due to the fact that surgical masks are actually meant for preventing germs of doctors or medical professionals from going on to patients, not the other way around. Therefore, a surgical mask will not necessarily protect the wearer, but it will protect the people around the wearer from being exposed to the wearers gems. If you have already been infected by the Coronavirus, wearing a surgical mask will still be a great choice for you to wear instead of not wearing a mask at all, because it will help prevent you from spreading the virus to those around you. If you have not already been infected with the Coronavirus and would like to prevent being infected, medical professionals have highly suggested to make sure to wear an N95 approved respirator that fits air tight on your face and to not a regular surgical mask, in order to prevent being infected through the air by those around you.
By wearing gloves, you can prevent yourself from coming into direct contact with anything that may have been exposed to the Coronavirus. Always remember that you may still be able to contaminate yourself even if you are wearing gloves. During this time, it would be wise not to touch your face, hair, skin, eyes, nose, and even clothes, in order to prevent any germs that were potentially exposed to your gloves from spreading. This step is not meant to be used as a substitute for keeping hands clean by washing and/or using hand santizer. Even if you use gloves, it is suggested by medical professionals to still wash your hands and/or use hand sanitizer throughout the day as well.
KAASS Law is providing many different types of legal assistance for individuals and businesses who have been negatively impacted by the virus. Get more information on our Coronavirus legal help page now!
Keeping your hands as clean as possible throughout the day can be a major factor of Coronavirus safety and prevention. There are various ways of keeping your hands clean throughout the day. One great way is to wash your hands with soap and scrub them thoroughly as many times as possible throughout the day. Another great way of keeping your hands clean is by disinfecting them with hand sanitizer as many times as possible throughout the day.
One safety measure you should pursue is to not shake hands during greetings. Instead, you can greet people in ways that do not involve physical touch, such as a wave, nod, or a bow. This will help you from additional potential exposure to the virus and it will also help those around you in case you have already been exposed.
Wearing a respirator mask with a regulated filtration capability such as "N95" can be a major factor of preventing yourself being infected by the Coronavirus when being outside of your home or around other people. Medical professionals suggest not to mistake the average surgical mask for an N95 approved respirator because there is definitely a difference. A properly fitting N95 approved respirator can prevent you from breathing in any airborne germs from the breath of those around you, while a surgical mask will not. Although a surgical mask does not provide the same benefits as an N95 respirator, it can still have its own benefits. A surgical mask can help prevent those who are already infected with the Coronavirus from spreading it. This is due to the fact that surgical masks are actually meant for preventing germs of doctors or medical professionals from going on to patients, not the other way around. Therefore, a surgical mask will not necessarily protect the wearer, but it will protect the people around the wearer from being exposed to the wearers gems. If you have already been infected by the Coronavirus, wearing a surgical mask will still be a great choice for you to wear instead of not wearing a mask at all, because it will help prevent you from spreading the virus to those around you. If you have not already been infected with the Coronavirus and would like to prevent being infected, medical professionals have highly suggested to make sure to wear an N95 approved respirator that fits air tight on your face and to not a regular surgical mask, in order to prevent being infected through the air by those around you.
By wearing gloves, you can prevent yourself from coming into direct contact with anything that may have been exposed to the Coronavirus. Always remember that you may still be able to contaminate yourself even if you are wearing gloves. During this time, it would be wise not to touch your face, hair, skin, eyes, nose, and even clothes, in order to prevent any germs that were potentially exposed to your gloves from spreading. This step is not meant to be used as a substitute for keeping hands clean by washing and/or using hand santizer. Even if you use gloves, it is suggested by medical professionals to still wash your hands and/or use hand sanitizer throughout the day as well.
KAASS Law is providing many different types of legal assistance for individuals and businesses who have been negatively impacted by the virus. Get more information on our Coronavirus legal help page now!