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.
Articles Discussing General Workplace Issues in California.
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.
California Passes Shelter in Place Order; Additional Counties Issue Restrictions
Summary: On March 19, 2020, California Governor Gavin Newsom issued a state-wide “stay at home” order requiring California residents to remain at home, with two exceptions: (1) to obtain food, prescriptions, and healthcare; and (2) to maintain the continuity of operations of certain federal “critical infrastructure sectors.” The California Order is discussed below. Los Angeles County, San Diego County, Santa Cruz County, Monterey County, San Benito County, Napa County, Sacramento County, Placer County, and Yolo County have issued similar Orders, which are also discussed below.
State of California– Immediately Ordered to Shelter in Place
Effective March 19, 2020, California Governor Gavin Newsom issued Executive Order N-33-20 (“Order”), directing all individuals living in the State of California to stay home or at their place of residence, except as to maintain continuity of operations of the federal critical infrastructures. This Order shall stay in effect until
California Governor Temporarily Suspends WARN Act Notice Requirements For COVID-19 Related Business Circumstances
On March 17, 2020, California Governor Gavin Newsom issued Executive Order N-31-20 (the “Order”) as part of California’s response to the COVID-19 State of Emergency. The Order addressed two discrete issues: (1) exempting interstate motor carriers from certain state requirements to support emergency relief efforts; and (2) relieving employers of the 60-day notice requirement of the California Worker Adjustment and Retraining Notification (“Cal-WARN”) Act. For a detailed discussion of the interstate motor carrier portion of the Order, see here.
Strategies for California Employers to Supplement Employee Wages Through Public Benefits
In light of the recent coronavirus pandemic, many businesses will inevitably be forced to reduce employees’ hours and thus their compensation. As a result, employees may be eligible to file for partial unemployment benefits. There are, however, a number of other potential options available to employees in the Golden State.
California Paid Sick Leave and Coronavirus
Confirmed Coronavirus (COVID-19) cases have risen swiftly in California and in response, administrative agencies have released guidance to employers regarding wage and hour issues and paid sick leave.
Late last, week, the Labor Commissioner’s office provided input on administering paid sick leave in light of coronavirus. The Labor Commissioner indicated
Bay Area Counties Ordered to Shelter-in-Place
On March 16, 2019, six Bay Area counties issued Shelter-in-Place Orders (“the Orders”) limiting the operation and activities of residents and businesses in Alameda, Contra Costa, Marin, San Francisco, Santa Clara, and San Mateo Counties. The purpose of the Orders is to slow the spread of COVID-19.
When Do the
“Shelter in Place” Orders from 7 Bay Area Counties: What Does this Mean for Employers?
In an effort to prevent the spread of COVID-19, seven Bay Area counties—Alameda, Contra Costa, Marin, San Francisco, San Mateo, Santa Clara, and Santa Cruz—issued “shelter in place” orders effective March 17 at 12:01 a.m. through April 7 at 11:59 a.m. Undoubtedly, these have a tremendous effect on employers.
California Counties’ “Shelter in Place” Orders Severely Restrict Business Activities
As employers may be aware, six counties in the Bay Area (San Francisco, San Mateo, Santa Clara, Alameda, Marin, and Contra Costa) have issued extremely restrictive “Shelter in Place” orders, which place heavy restrictions on travel, activities, and business. In short, individuals are required to stay at home unless they leave for an approved reason, and non-essential businesses must cease most operations.
California Supreme Court Holds Settlement of Individual Claims Does Not Strip an Employee of Standing Under the Private Attorneys General Act
The California Supreme Court has weighed in on who is an aggrieved employee under the Private Attorneys General Act (PAGA) in Kim v. Reins International California, Inc. The issue before the court was, does an employee bringing an action under PAGA lose standing to pursue representative claims as an “aggrieved
California Mandates Elimination of Cost-Sharing by Health Plans for Coronavirus Testing
As the confirmed cases of Coronavirus (COVID-19) rises in the U.S., more states are issuing directives regarding employee cost-sharing for screening and testing for the virus. Testing for COVID-19 is free if performed by the Centers for Disease Control and Prevention, however, the testing is expected to be offered more