Summary: On Thursday April 2, 2020, the County Health Office for San Diego County issued Addendum 1 to the County’s existing Order and Emergency Regulations. Effective at 12:00 am, April 4, 2020, employers in San Diego County who remain open in accordance with State and County Orders must adhere to strict requirements regarding face coverings for employees. Those employers also must complete and post their Social Distancing and Sanitation Protocol at or near the entrance of the facility where it is easily viewable to the public and employees no later than 12:00 am, April 7, 2020, and then adhere to that Protocol until further notice. In announcing Addendum 1, San Diego County officials stressed that law enforcement agencies have been instructed to strictly enforce the County’s Order and violators are subject to a misdemeanor citation with penalties up to $1,000 or 6 months in jail, and called upon the public to report businesses they see in violation.
Articles Discussing General Workplace Issues in California.
New “Shelter in Place” Orders in the Bay Area Implement Additional Restrictions on Businesses and Residents
As you are all well aware, over the past several weeks counties throughout California have issued restrictive “shelter in place” orders (discussed in detail here and here).
The Los Angeles City Council Passes Supplemental COVID-19 Paid Sick Leave for Large Employers
On March 27, 2020, the City Council passed an ordinance mandating employers with 500 or more employees nationally offer Supplemental Paid Sick Leave for various COVID-19 related reasons described below. The ordinance is awaiting Mayor Eric Garcetti’s review and anticipated approval.
Under the ordinance, covered employers must offer 80 hours
San Francisco Expands Eligibility Under Paid Sick Leave Ordinance and Provides Additional Paid Sick Leave in Response to COVID-19
Last week, San Francisco announced expanded eligibility for paid sick leave under its Paid Sick Leave Ordinance and announced the Workers and Families First Program, which provides city-funded additional sick leave pay for employees working in San Francisco.
Expanded Use of Paid Sick Leave
Since late 2006, San Francisco has
A (Temporary) Reprieve for Mandatory Workplace Arbitration
Overview
On December 30, 2019, a federal judge in the Eastern District of California entered an order temporarily halting the enforcement of AB 51, California’s new anti-mandatory arbitration law. AB 51, which was set to go into effect on January 1, 2020, makes it illegal for an employer to require
Oakland County, Michigan Orders Employers of Critical Infrastructure Workers and Essential Employees to Implement Screening and Social Distancing Measures
Under Michigan’s Stay Home, Stay Safe Executive Order effective March 24, 2020, only essential businesses or operations that employ critical infrastructure workers are allowed to continue in-person operations.1 The Order, which remains in effect until April 13, 2020, also allows non-essential businesses to designate employees as essential if their in-person presence is “strictly necessary” to maintain the value of inventory and equipment, to care for animals, to ensure security, to process transactions, or to help other employees work remotely.
LA Passes COVID-19 Paid Sick Leave Law for Large Employers
On March 27, 2020, the LA City Council passed a new paid sick leave ordinance applicable to large employers (those with more than 500 employees nationally that are not covered by the new federal COVID-19 paid leave law, the FFCRA). The ordinance applies to employers with more than 500 employees nationally. Covered employees are those who have worked for the same employer from February 3 to March 4, 2020, and who perform any work in the City of Los Angeles. It applies to full time, part time, and temporary employees. The only employees who are exempted are health care providers (as defined by California Government Code section 12945.2) and first responders, which the ordinance defines to include peace officers, firefighters, paramedics, EMTs, public safety dispatchers or safety telecommunicators, emergency response communication employees, and rescue personnel.
Cal OSHA issues Guidance on COVID-19 Infection Prevention for Childcare Industry
It is well known that California’s workplace health and safety regulations direct workers to develop and implement an Injury and Illness Prevention Program (“IIPP”) to protect employees from workplace hazards. Some employers also have an obligation under the California Department of Industrial Relations Division of Occupational Safety & Health’s (“Cal
California Issues New Guidance on Identifying the “Essential Critical Infrastructure Workforce” During the COVID-19 Pandemic Response
As discussed in our prior alert, on March 19, 2020, California’s Governor Gavin Newsom issued a state-wide “stay at home” order (“Executive Order”) requiring many, if not most, California residents to remain home. In general, the Executive Order requires individuals to stay home with two exceptions: (1) to obtain food, prescriptions, and healthcare; and (2) to maintain the continuity of operations of certain “critical infrastructure sectors.”
Additional Guidance on California’s Shelter-in-Place Order
On March 19, California Governor Newson issued a historic Executive Order N-33-20 (the “Order”) impacting approximately 40 million California residents. The Order directs all individuals living in California to stay at home “except as needed to maintain continuity of operations of the federal critical infrastructure sectors” or to obtain essential
California Governor Issues Order Relaxing Notice Requirements Under Cal-WARN for Coronavirus-Related Layoffs
On March 18, 2020, California’s Governor issued an Executive Order, with immediate effect, to “suspend” the notice requirements of California’s WARN Act for employers faced with the sudden need to lay off employees as a result of the public health emergency surrounding Coronavirus. The California WARN Act (similar to the federal WARN Act) generally requires employers to provide 60 days’ advance notice of a plant closing or mass layoff to affected employees. This notice requirement is intended to give employees time, while still being paid, to plan for the change in their employment situation. The Cal-WARN Act’s only exception is for layoffs and closures caused by a physical calamity or act of war. The Act does not define the term “physical calamity,” leaving uncertainty as to whether the Coronavirus-related public health emergency qualifies. To ease the concerns of employers affected by closure requirements, Governor Newsom issued his executive order to make clear that employers are not required to strictly comply with the regular notice provisions of the Cal-WARN Act.
Coronavirus Updates: Shelter in Place, Updated EEOC Guidance, and More
Developments continue to occur rapidly with the Coronavirus impact. This weekend, California clarified the list of essential businesses that are exempt from its shelter-in-place order (while a handful of other states adopted their own shelter-in-place orders). The EEOC also issued some updated guidance for employers on how to respond to pandemic-related issues in the workplace. Meanwhile, the Secretary of Labor is working on (but still has not published) guidance on various unclear aspects of the recently passed Families First Coronavirus Response Act.
California Wage & Hour Pitfalls to Avoid During the COVID-19 Pandemic
As California employers continue to monitor COVID-19 developments and navigate workforce issues, they must remain mindful of the wage and hour issues that may arise. The following blog addresses some wage and hour issues that employers must not lose sight of during these tumultuous times.
San Francisco OLSE Issues New Guidance on Use of Paid Sick Leave for COVID-19 Related Reasons
On March 24, 2020, the San Francisco Office of Labor Standards Enforcement (OLSE, responsible for enforcing the City’s wage and other employment laws) issued new guidance regarding use of paid sick leave applicable to San Francisco employees for reasons relating to COVID-19, superseding the guidance published just one week prior on March 16, 2020.
The California Stay At Home Order – Breaking It Down
On March 19, 2020, California Governor Gavin Newsom issued the historic Executive Order N-33-20 (“Order”), requiring all individuals living in California to stay at home “except as needed to maintain continuity of operations of the federal critical infrastructure sectors” or to obtain critical needs, such as food, healthcare, or prescriptions.