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On September 17, 2020, Governor Newsom signed Assembly Bill (AB) 685 into law, establishing new requirements for employers to notify employees and their unions about a potential COVID-19 exposure in the workplace.  The new law, which will be in effect from January 1, 2021, until January 1, 2023, also requires employers to report a COVID-19 “outbreak” at the worksite to local health authorities.  Further, AB 685 relaxes the pre-citation requirements that the Division of Occupational Safety and Health (“Cal/OSHA”) must follow before issuing a citation for a serious violation related to COVID-19.  This article breaks down the various requirements of the new law and identifies potential complications or issues that employers should be aware of when attempting to comply with the new requirements.
Continue Reading Enactment of AB 685 Establishes COVID-19 Exposure Notice Requirements for California Employers and Cal/OSHA Enforcement Changes

On September 19, 2020, California’s new law requiring large employers to provide employees with COVID-19 supplemental paid sick leave (“CSPSL”) becomes effective.  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.  In addition to addressing other leave and COVID-19 related items, AB 1867 also codified the existing CSPSL requirements for certain food sector workers under Executive Order N-51-20 as new Labor Code section 248.  In an effort to get employers up to speed on both section 248 and 248.1, the Division of Labor Standards Enforcement (“DLSE”) published its responses to frequently asked questions on the new requirement to provide CSPSL.  This article briefly summarizes the key requirements of the new CSPSL law for non-food sector workers and identifies specific issues that employers in California should attend to as they hastily roll out the leave to employees.
Continue Reading What Employers Need to Know About California’s New COVID-19 Supplemental Paid Sick Leave Law

On July 2, 2020, the federal Occupational Safety and Health Administration (“OSHA”) published an FAQ web page based on COVID-19 related inquiries that the agency received from the public.  The FAQ page provides a central location for information and links on a variety of topics related to best practices to ensure worker safety and protect workers’ rights during the ongoing pandemic.  Although the majority of the guidance contained in OSHA’s responses is not new, employers should review the FAQ page to ensure their health and safety policies and procedures follow OSHA’s recommendations.  This article lists the topics covered by the new FAQ page and identifies a few topics that may be of particular interest to employers.
Continue Reading OSHA Publishes Responses to Frequently Asked Questions on Worker Safety During COVID-19 Pandemic

On June 17, 2020, the federal Occupational Safety and Health Administration (“OSHA”) issued its “Guidance on Returning to Work.”  This new guidance is intended to supplement the previous “Guidance on Preparing Workplaces for COVID-19” that OSHA published in March.  Most non-essential businesses throughout the country have already reopened and returned at least some portion of their workforce to the workplace.  However, with the risk of occupational exposure to COVID-19 still present, employers must continue to monitor and follow new and evolving federal, state, and local guidance aimed at protecting the safety and health of employees.  OSHA’s new guidance contains “guiding principles” that OSHA recommends employers incorporate into their reopening plans.  In addition, the new guidance provides OSHA’s responses to frequently asked questions on testing and screening employees and identifies specific OSHA standards and requirements that are applicable to minimizing occupational exposure to COVID-19.  Because much of the new guidance deals with mitigation measures that many employers have already implemented, this article seeks to assist employers with understanding specific directives and concerns in the guidance that are new or may have been overlooked previously.
Continue Reading OSHA Issues New COVID-19 Guidance Answering Practical Questions on Returning to Work

As California businesses begin to reopen and return employees to physical workplaces, there are numerous safety measures for employers to consider implementing to minimize the spread of COVID-19.  On May 14, 2020, California’s Division of Occupational Safety and Health (“Cal/OSHA”) issued its “Interim General Guidelines on Protecting Workers from COVID-19.”  The new guidelines replace the previous, limited directives by Cal/OSHA, which forced employers to rely heavily on federal Occupational Safety and Health Administration (“Fed/OSHA”) and Centers for Disease Control and Prevention (“CDC”) for advice instead.  The new guidance identifies specific infection control measures that are mandatory for California employers to implement and include in their Injury and Illness Prevention Program (“IIPP”).  This article breaks down the extensive list of measures and training in the new guidance in an effort to help employers learn how to update their current IIPP and remain in compliance.
Continue Reading Cal/OSHA Issues New COVID-19 General Industry Guidance for All California Employers

California Assembly Bill (AB 450) is a bold move by the State Legislature to enter the I-9 arena – an area that has long been recognized as within the domain of the federal government. The Bill was signed by Governor Jerry Brown in October 2017 and becomes law on January 1, 2018.

The Bill amends the state Labor and Government codes and requires California employers to perform various notifications to their employees if U.S. Immigration and Customs Enforcement (ICE) audits the company’s I-9’s.
Continue Reading A Solution in Search of a Problem: The California Legislature Imposes Duties for Employers When ICE Audits Your I-9s