Nearly all of the substantive provisions of Cal/OSHA’s non-emergency COVID-19 regulation expired on Monday, February 3, 2025.
Articles Discussing Workplace Issues Related to the Coronavirus (COVID-19)
COVID-19 Prevention Regulations Expired Effective Yesterday, With The Exception Of Recordkeeping Requirement
As of February 3, 2025, most of the Cal/OSHA’s COVID-19 Prevention Non-Emergency Regulations have formally come to an end, giving employers flexibility in how they approach COVID-19 in the workplace. However, subsection 3205(j) of the regulations remains in effect, which means that employers must continue to comply with the reporting and recordkeeping requirements.
Record-Keeping
The non-emergency rule that employers must notify employees who have had a close contact officially sunset yesterday. However, the requirement that employers track and retain COVID-19 case records remains in effect through February 3, 2026. Such records must include the employee’s name, contact information, occupation, location where the employee worked, the date of the last day at the workplace, and the date of the positive COVID-19 test and/or diagnosis. Employers must retain these records for at least 2 years. The provision further requires that the information on COVID-19 cases be provided to the local health department with jurisdiction over the specific workplace, the California Department of Public Health, and Cal/OSHA, immediately upon request and when required by law. In sum, employers should continue to log COVID-19 case details and continue to maintain accurate records to ensure compliance with their obligations under subsection 3205(j).
Even though most of the Cal/OSHA’s COVID-19 regulations’ mandates have sunset, employers should continue to provide a safe workplace and maintain effective Injury and Illness Prevention Plans. CDF encourages employers to regularly review guidance from Cal/OSHA, the California Department of Public Health, and the CDC to address workplace health risks effectively. Regularly updating policies, communicating changes to employees, and maintaining flexibility in response to potential outbreaks or future health crises are good practices for employers to follow.
Contact your favorite CDF attorney to assist with ensuring compliance with regulations to maintain safe workplace practices.
OSHA Withdraws Proposed Rules Involving COVID-19 and Infectious Diseases
Last week, OSHA published a notice in the Federal Register that it was withdrawing its proposed rule, Occupational Exposure to COVID-19 in Healthcare Settings, effective immediately.
Cutting Hazard Pay is Hazardous: Third Circuit Admonishes Nursing Home for Stopping COVID-19 Bonuses
Third Circuit holds nursing home was legally required to bargain over its decision to end bonus pay tied to the COVID-19 pandemic. Appellate court finds bonus payment constituted hazard pay, therefore a mandatory subject of bargaining. This decision presents a potential split with the Sixth Circuit.
Return-to-Work Considerations
In the four years since the COVID-19 pandemic made “telework” a household name, many employers have permitted employees to stay home or work a hybrid schedule. However, more and more employers are requiring employees to return to in-person work. As a result, we receive a lot of questions on the topic, some of which are highlighted below.
What Employers Should Know About the Latest CDC COVID-19 Guidance
It has been almost exactly four years since the COVID-19 pandemic changed the American working landscape. Many of us followed the Centers for Disease Control and Prevention (CDC) through multiple changes and guidance, including from no mask, to mask, to no mask. On March 1, 2024, the CDC changed the
That’s A Wrap! CDC Reduces Recommended COVID-19 Isolation Period
On March 1, 2024, the Centers for Disease Control and Prevention announced that it is updating its COVID-19 guidance and is no longer recommending that individuals who test positive for COVID-19 isolate for five days. The agency is recommending a new, “unified approach” to respiratory viruses, including not only COVID-19
COVID-19 Requirements Lift in 2024
Although many new employment laws went into effect on January 1, 2024, several COVID-19-related regulations and requirements expire this year.
Hospitality and Service Industries Should Be On Alert For Extended COVID-19 Re-Hire Rights
By: Hospitality and Service Industries Should Be On Alert For Extended COVID-19 Re-Hire Rights
Employees in certain covered hospitality and service sectors, who were laid-off for reasons related to the COVID-19 pandemic, were granted another year of extended re-hire rights through December 31, 2025 under Senate Bill 723.
In April
Federal Courts in Wisconsin and Kentucky Issue Decisions in Favor of Employers Facing COVID-19–Related Legal Issues
In September 2023, federal trial courts in Wisconsin and Kentucky issued decisions dismissing plaintiffs’ claims related to employers’ COVID-19 vaccination and testing requirements.
IRS Finalizes Rules to Collect Taxes on Erroneously Claimed Employee Retention Credits and Other COVID-19 Tax Credits
The U.S. Department of the Treasury and the Internal Revenue Service (IRS) have finalized rules for the recapture of erroneously claimed Employee Retention Credits (ERC) and other tax credits provided to employers for COVID-19 paid sick and family leave, treating them as an underpayment of taxes that may be assessed
COVID-19 Flexibilities For Remote I-9 Document Review Ending; Employers Must Resume Physical Inspections of Employment Authorization and Identity Documents On August 1, 2023
Executive Summary: COVID-19 flexibilities for I-9 document inspection will sunset on July 31, 2023, and U.S. Immigration and Customs Enforcement (ICE) is allowing an additional 30 days to complete physical inspection of documents for employees who previously completed the I-9 process remotely during the temporary flexibilities. Employers should plan ahead to ensure that all required physical inspection of identity and employment eligibility documents is completed by August 30, 2023.
COVID-19 Relief for High Deductible Health Plans Expires in 2024
Employers’ high deductible health plans (HDHPs) can continue to cover COVID-19 testing and treatment without violating the eligibility rules for health savings accounts (HSAs)—but only through 2024—under new Internal Revenue Service (IRS) guidance.
COVID Supplemental Paid Sick Leave (SPSL) Relief Program Opens for Eligible Entities
Some good news for small California employers and non-profits that paid Supplemental Paid Sick Leave (SPSL) in 2022. Small businesses may apply for grants up to $50,000 to reimburse them for sums paid for COVID-19 related paid sick leave. The Small Business and Nonprofit COVID-19 Supplemental Paid Sick Leave Relief Grant Program has limited availability that will be awarded on a first-come, first-serve basis. A tiered system based on the total amount that an employer paid in COVID paid sick leave in 2022 will determine eligibility.
CMS Withdraws COVID-19 Vaccine Mandate
In conjunction with the Biden administration’s declaration that the COVID-19 national public health emergency ended effective May 11, 2023, the Centers for Medicare and Medicaid Services (CMS) announced it would “soon end” its mandatory vaccination requirement and that additional guidance would be forthcoming.