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The California Occupational Safety and Health Standards Board adopted its Emergency Temporary Standards (ETS) on COVID-19 prevention in the workplace on November 19, 2020, which we covered here.  Shortly after their adoption, the ETS became binding and enforceable against nearly all California employers effective November 30, 2020.  The next day, California’s Division of Occupational Safety and Health (“Cal/OSHA”) published frequently asked questions to provide guidance to employers on compliance with the extensive requirements under the ETS.  In light of significant pushback from employers finding themselves needing to deal with complications arising from near-immediate compliance, Cal/OSHA recently published additional guidance and clarifications to impacted employers.  The complete and comprehensive set of is available here, but key takeaways are below:
Continue Reading Cal/OSHA Provides New Guidance for California Employers to Comply With COVID-19 Emergency Temporary Standards

For much of the ongoing COVID-19 pandemic, many California employees have utilized leave entitlements through federal, state, and local paid sick leave statutes and ordinances.  As of December 31, 2020, however, the federal Families First Coronavirus Response Act (“FFCRA”), California’s COVID-19 supplemental paid sick leave (“CSPSL”) — and many local supplemental paid sick leaves (“LSPSL”) — have expired.  With coronavirus cases still surging nationwide and no additional guidance on the new exclusion pay requirements under the Division of Occupational Safety and Health’s (“Cal/OSHA”) COVID-19 emergency temporary standards (“ETS”), California employers are left wondering what paid leave laws may apply to their employees in 2021.
Continue Reading What the Expiration of COVID-19 Paid Leave Laws Means for California Employers

On November 19, 2020, the California Occupational Safety and Health Standards Board unanimously adopted emergency temporary standards on COVID-19 prevention in the workplace.  For much of the pandemic, California’s Division of Occupational Safety and Health (“Cal/OSHA”) has advised employers to follow its general and industry-specific guidance on various measures to implement to minimize the risk of employees’ exposure to COVID-19.  However, the new emergency standards will be binding and enforceable against nearly all California employers.  The emergency standards will become effective immediately on November 30, 2020, if approved as expected by the Office of Administrative Law (“OAL”) after the required 10-day review period.  Thus, employers must act quickly to ensure they are in compliance with the new standards and the requirement to prepare and implement a written COVID-19 Prevention Program.
Continue Reading Cal/OSHA Adopts New COVID-19 Emergency Standards Requiring Immediate Action by Employers in California

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

As the number of confirmed positive cases of Coronavirus Disease 2019 (“COVID-19” or “coronavirus”) in the U.S. continues to rise, employers must prepare for issues that will inevitably arise as the virus spreads.  While the Center for Disease Control (“CDC”) currently advises that “most people in the United States will have little immediate risk of exposure,” it is prudent for employers to evaluate their organizations’ current policies and practices in the event a major outbreak occurs.  Some issues to consider include the following:
Continue Reading What Employers Need To Know To Prepare For Coronavirus