Providing information and training to employees on cough and sneeze etiquette, hand hygiene, and the like. Please enable scripts and reload this page. Please log in as a SHRM member. 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 of an employer’s receiving notice of a … $(document).ready(function () { This ruling clarifies the scope of PAGA remedies; it also confirms that no part of a PAGA claim may be compelled to arbitration. Please log in as a SHRM member before saving bookmarks. Many employers are confused about how to answer coronavirus-related questions from employees—particularly after Gov. An employer shall in all cases take reasonable and necessary precautions to safeguard musical instruments and equipment, belonging to an employed … Id. published a helpful chart of available resources. Understand your county’s status. Note that the Employment Development Department has waived the one-week waiting requirement for unemployment benefits. Newsom signed AB 685 into law which, among other things, adds section 6409.6 (“Section 6409.6”) to the Labor Code. In response to the COVID-19 pandemic, the California Occupational Health and Safety Administration (Cal/OSHA) has issued Interim General Guidelines on Protecting Workers from COVID-19. Whether you are an essential business exempted from these orders and trying to hire and retain workers to maintain operations, or, unfortunately, having to lay off employees due to lack of customers, here are some key issues to keep in mind when navigating the COVID-19 pandemic's impact on the workplace. Expense reimbursement is another headache. Specifically, Section 6409.6 requires that employers take all of the following steps within one business day of notice of a potential exposure in the workplace: Section 6409.6 also requires that, when an employer is notified of the number of cases that meet the State Department of Public Health’s definition of a COVID-19 outbreak, within 48 hours, the employer must notify the local public health agency of the names, number, occupation, and worksite of each employee with COVID-19. The impact of the pandemic triggers many different employment laws. The new CSPSL requirement will be codified as Labor Code section 248.1 and was enacted via Assembly Bill (AB) 1867, which Governor Newsom signed into law on September 9, 2020. Notify all employees, and the employers of subcontracted employees and any union, if any, on the disinfection and safety plan that the employer plans to implement and complete, per CDC guidelines. California’s wage and hour laws rank among the toughest in the nation. In ZB, N.A. Successfully interpret and apply California employment law to your organization’s people practices. California Department of Industrial Relations approved California OSHA Cal-OSHA temporary emergency COVID-19 standards, amending California Labor Code section 3205 (b) All awards made by a court or by the Division of Labor Standards Enforcement for reimbursement of necessary expenditures under this section shall carry interest at the same rate as judgments in civil actions. if(currentUrl.indexOf("/about-shrm/pages/shrm-china.aspx") > -1) { For example, the Family and Medical Leave Act (FMLA) applies to employers with 50 or more employees. Employers should also inform employees about potential benefits available through California's insurance programs, state disability insurance, paid family leave and unemployment insurance. The exempt employee does not have to be paid for any workweek in which no work is performed. $("span.current-site").html("SHRM China "); 2800.1. This means that all employees who work for employers who have 500 or more employees nationwide can receive COVID-19 related supplemental … Some Trader Joe's stores, for example, are allowing customers in only when others exit. suspended the 60-day notice requirement under California WARN, since many businesses will need to close quickly to curb the spread of COVID-19. Copyright © 2020, Proskauer Rose LLP. In order to implement Assembly Bill 685, which added Section 6409.6 to the California Labor Code and California Code of Regulations, Title 8, Section 3205. But cross-reference your employee handbook to confirm you have not offered more generous benefits. The new statute, which takes effect January 1, 2021, requires that employers notify employees and, in some instances, public health officials about COVID-19 exposures at work. An employer shall in all cases indemnify his employee for losses caused by the employer's want of ordinary care. To request permission for specific items, click on the “reuse permissions” button on the page where you find the item. California Labor Agency, DIR address COVID-19 pandemic health and safety concerns: September 2020; September 22, 2020: Labor Commissioner’s Office Launches Business Engagement Program for Employers in California : August 2020; August 31, 2020: California Labor Commissioner, California Commission on the Status of Women and Girls and The Office of the First Partner Launch Workplace … If you operate an essential business that is exempted from the shelter-in-place order, you should continue to Employers must be careful when furloughing exempt employees so that they continue to pay them on a salary basis and do not jeopardize their exempt status under the FLSA and state wage and hour laws. Home > COVID-19 > Spread The Word: California Enacts COVID-19 Exposure Notification Law. } An employer shall indemnify his or her employee for all necessary expenditures or losses incurred by the employee in direct consequence of the discharge of his or her duties, or of his or her obedience to the directions of the employer, even though unlawful, unless the employee, at the time of obeying the directions, believed them to be unlawful. SACRAMENTO – Taking action to ensure that key commodities can be delivered to California retailers in a timely manner during the COVID-19 outbreak, Governor Gavin Newsom today signed an executive order to ease restrictions on commercial drivers engaged in support of emergency relief efforts. Late last week, Gov. Section 3212.86 is added to the Labor Code, immediately following Section 3212.85, to read: 3212.86. When federal law sets a standard, California law often goes beyond that standard, requiring more of employers here. Section 6409.6 establishes penalties for non-compliance. By subscribing to our blog, you acknowledge that you have read our. implement health and safety protocols suggested by the California Division of Occupational Safety and Health (known as Cal/OSHA). It prohibits termination from employment of Private employees except for just or authorized causes as prescribed in Article 282 to 284 of the Code. New Labor Code section 248.1 applies to private “hiring entities” (including sole proprietorships) with 500 or more employees in the United States, who were excluded from federal paid sick leave benefits under the FFCRA. Even if an employee isn't eligible for or exhausts leave under the FFCRA or FMLA, California employees are also protected by the Fair Employment and Housing Act, which may require additional leave as an accommodation. Therefore, employers should review their COVID-19 infection control and notification procedures—and keep them updated—so that they are ready to comply on January 1st. 2. In light of the recent, unprecedented surge in rate of increase of cases, the following changes are effective until further … (b) The term “injury,” as used in this division, includes illness or death resulting from COVID-19 if both of the following circumstances apply: (1) The employee has tested positive for or was diagnosed with COVID-19 within 14 days after a day … Employers should continue to file a WARN per the legislation requirements regardless if the 60-day notice timeframe is not met. Labor … The California Labor Code, more formally known as "the Labor Code", is a collection of civil law statutes for the State of California.The code is made up of statutes which govern the general obligations and rights of persons within the jurisdiction of the State of California. Spread The Word: California Enacts COVID-19 Exposure Notification Law By Tony Oncidi, Philippe A. Lebel and Kristina L. Sidrak on September 23, 2020 Posted in COVID-19. The Executive Order only suspends the California WARN Act’s 60-day notice requirement for those employers that satisfy the Order’s specific conditions. Interest shall accrue from the date on which the employee incurred the necessary expenditure or loss. Katherine S. Catlos is the chief diversity and inclusion officer and an attorney with Kaufman Dolowich & Voluck in San Francisco where she focuses her practice in the areas of employment law and privacy. $('.container-footer').first().hide(); var currentUrl = window.location.href.toLowerCase(); Advise Employees of Available Company and State Benefits. Families First Coronavirus Response Act (FFCRA), ensure compliance with meal and rest break laws, 5 Tips for California Employers Facing COVID-19 Concerns. With 725+ lawyers active in virtually every major market worldwide, we are recognized not only for our legal excellence, but also our dedication to client service. Gavin Newsom issued a shelter-in-place order requiring residents to stay at home unless they are conducting essential business. View key toolkits, policies, research and more on HR topics that matter to you. What If FFCRA Expires at the End of the Year? Under California Labor Code Section 2802 and court decisions in Gattuso v. Harte-Hanks Shoppers, Inc., 42 Cal.4th 554 (2007) and Cochran v. Schwan’s Home Service, Inc., 228 Cal.App.4th 1137 (2014), employers are required to reimburse employees for all “necessary” and “reasonable” expenses. Let SHRM Education guide your way. If you are mandating telecommuting, consider California Labor Code Section 2802, which requires employers to pay for business expenses, such as cell phones, Internet usage and the like. Gavin Newsom has COVID-19 Supplemental Paid Sick Leave must be provided to all employees who leave their homes or place of residence to perform work and who work for employers that have 500 or more employees nationwide under the new law (Labor Code section 248.1). Please note that all such forms and policies should be reviewed by your legal counsel for compliance with applicable law, and should be modified to suit your organization’s culture, industry, and practices. Necessary expenditures or losses include all reasonable costs. Who is submitting the receipt? (a) This section applies to any employee with a COVID-19-related illness. Spread The Word: California Enacts COVID-19 Exposure Notification Law, California Named a Top “Judicial Hellhole” … Again, As COVID-19 Cases Overwhelm the Golden State, Cal/OSHA Imposes More Burdens on Employers, “See Ya Later, California!” Hewlett-Packard Moves its HQ from Silicon Valley to Texas, November 2020 California Employment Law Notes, Podcast: What the Biden Presidency Could Mean for Employers, State-by-State Real-Time Updates on Employment and Privacy-Related Rules, Regulations, Orders and Guidance, California Expands Its Already Generous Leave Requirements To Cover Even Smaller Employers, California Mandates Diversity Quotas for Corporate Boards, September 2020 California Employment Law Notes, Employee Benefits and Executive Compensation Law Blog, Government Contractor Compliance & Regulations, Proskauer on Class and Collective Actions. 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