On September 17, 2020, California Governor Gavin Newsom signed into law Senate Bill 1159, (SB 1159) which modifies and extends the Governor’s Executive Order N-62-20 creating a disputable workers’ compensation presumption that illness or death related to COVID-19 is an occupational injury and therefore eligible for benefits. The statute takes effect immediately and remains in effect through January 1, 2023.
Articles Discussing General Workplace Issues in California.
New California Labor Code Section 6409.6 Imposes COVID-19 Workplace Exposure Notice Requirements
On September 17, 2020, Governor Gavin Newsom signed Assembly Bill (AB) 685 into law, enacting California Labor Code Section 6409.6 and amending other state statutes. As explained further below, Section 6409.6 obligates employers to notify employees, the employees’ exclusive representative (such as a union), and subcontractors, within one business day
The City of San Diego Enacts COVID-19 Related Worker Recall and Retention Ordinances
The City of San Diego enacted emergency ordinances requiring fair employment practices in response to job and economic insecurity due to the COVID-19 pandemic and stay-at-home directives. The City of San Diego COVID-19 Building Service and Hotel Worker Recall Ordinance (“Recall Ordinance”) and the City of San Diego COVID-19 Worker
New California COVID-19-Related Supplemental Paid Sick Leave Requirements Take Effect September 19, 2020
On September 9, 2020, California Governor Gavin Newsom signed into law Assembly Bill 1867 (AB 1867), which requires private entities with 500 or more employees to provide up to 80 hours of COVID-19-related supplemental paid sick leave (CSPSL) to their California employees.
Alliance of California Fitness Professionals Sues State Over Stay-at-Home Orders
In response to the ongoing state-imposed closures and limitations of gyms and other fitness establishments based on the COVID-19 pandemic, an organization representing the fitness industry has filed suit in Los Angeles Superior Court seeking declaratory and injunctive relief against Governor Gavin Newsom and other state entities and officials.
California AB 685 Imposes New Notice and Reporting Obligations for COVID-19 Workplace Exposure
On September 17, 2020, California doubled down on its efforts to keep non-remote employees safe from COVID-19 exposure. Governor Newsom signed AB 685, new legislation that allows the state to track COVID-19 cases in the workplace more closely. AB 685 expands Cal/OSHA’s authority to issue Orders Prohibiting Use (OPU),
New California Law Significantly Expands Employee Entitlement to Family and Medical Leave
California employers with as few as five employees must provide family and medical leave rights to their employees under a new law signed by Governor Gavin Newsom on September 17, 2020. The new law significantly expands the state’s existing family and medical leave entitlements and goes into effect on January
ALERT: California Enacts More New COVID-Related Laws Affecting Employers
Today, Governor Newsom signed two pieces of COVID-related legislation—AB 685 and SB 1159—into law. AB 685 imposes reporting requirements on employers related to COVID cases in the workplace. SB 1159 expands the
Assembly Bill 685 Changes Employer Notification Requirements on COVID-19 and Enhances Cal OSHA Enforcement Abilities
On September 17, 2020, Governor Newsom signed Assembly Bill (“AB”) 685, which requires employers to provide written notifications to employees within one business day of receiving notice of potential exposure to coronavirus (“COVID-19”). AB 685 also authorizes the Division of Occupational Safety and Health (“Cal OSHA”) to prohibit operations, processes, and
CARES Act Conformity for Qualified Employer Plans in California
On September 11, 2020, Governor Newsom signed Assembly Bill 276 (“AB 276”), amending California’s tax law regarding the taxation of loans from qualified employer benefit plans to employees. The amendments track the provisions of the federal CARES Act on this issue, bringing much-needed uniformity between California and federal law governing
California SB 1159 Expands Presumption of Workers’ Compensation Liability for COVID-19 Illness Claims
In May, California Governor Newsom signed Executive Order N-62-20, which created a rebuttable presumption that certain employees who test positive for COVID-19 contracted the virus at work for workers’ compensation purposes.
California Labor Commissioner Releases FAQ and Model Notices for Statewide COVID-19 Supplemental Paid Sick Leave
On September 9, 2020, the Governor signed Assembly Bill 1867 (“AB 1867”) which mandated both food sector employers and other industries, including employers with 500 or more employees, to provide supplemental paid sick leave (“COVID-19 Supplemental PSL”). The California Labor Commissioner, charged with enforcement of the new laws, has issued
California Implements New COVID-19 Supplemental Paid Sick Leave Requirement
On September 9, 2020, California Governor Gavin Newsom signed into law Assembly Bill (AB) 1867, which requires large employers and some health care providers to provide up to 80 hours of paid leave for COVID-19–related reasons. The new law also codifies the governor’s previously issued executive order setting forth paid sick
CA Amends Prohibition on No-Rehire Provisions in Settlements of Employment Disputes
By: CA Amends Prohibition on No-Rehire Provisions in Settlements of Employment Disputes
On September 11, 2020, Governor Newsom signed AB 2143 into law. This bill, which takes effect January 1, 2021, makes some modest changes to a law that was enacted last year to generally prohibit the use of no-rehire provisions
California Passes Law Changing the Test for Independent Contractor Status for Certain Types of Workers
As the fallout from the California Supreme Court’s 2018 decision in Dynamex Operations West v. Superior Court continues to plague businesses, the California legislature continues to grapple with crafting legislative exceptions from the decision. In