After several fits and starts, on June 3, 2021, the Cal/OSHA Occupational Safety & Health Standards Board finally passed revised Emergency Temporary Standards (ETS) that now take into account employee vaccination status and loosening restrictions from the Centers for Disease Control (CDC) and California’s elimination of the colored Tier system. The revised ETS will go
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EEOC Takes a Second Shot at COVID-19: Employer Vaccine Incentives Approved, Subject to Exceptions, But Questions Remain
On May 28, 2021, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued an update to its December 2020 guidance regarding COVID-19 vaccinations and incentive programs. The long-awaited guidance provides clarification regarding mandatory vaccinations, employer and third-party provided vaccine incentives, and confidentiality of vaccination information. The EEOC guidance left open some questions surrounding vaccine incentives, including…
Significant Updates to Cal/OSHA’s Emergency Temporary Standards on the Horizon
Prompted by increased availability of vaccine appointments, and broad eligibility for all U.S. adults and teenagers, the federal Centers for Disease Control (CDC) and California’s Department of Public Health (CDPH) have loosened restrictions with respect to fully vaccinated individuals, defined as those who are two weeks past their final required vaccination dose (second dose of…
California Enacts Law Requiring Certain Employers to Offer Open Positions to Laid Off Employees in the Travel and Hospitality Industries
As travel begins to resume in California, the Legislature has imposed additional stringent requirements on employers in the travel and hospitality industries. Beginning April 16, 2021, Senate Bill 93 will require employers in these industries to offer job positions back to their laid-off employees as they become available (within five business days). The bill creates…
Governor to Consider Significant New Health and Safety Obligations as NY HERO Act Passes State Legislature
On April 23, 2021, the New York state legislature delivered a copy of the Health and Essential Rights Act (the “HERO Act” or the “Act”) to Governor Andrew Cuomo for signature. The legislation was created as a response to COVID-19 safety concerns as New Yorkers return to in-person work, and designed to fill gaps created…
COBRA Premium Assistance Under the American Rescue Plan Act of 2021 – What Employers Should Know
The Department of Labor (“DOL”) recently issued key guidance in the form of frequently asked questions (“FAQs”) about COBRA Premium Assistance under the American Rescue Plan Act of 2021 (“ARPA”). In addition to issuing the FAQs, the DOL issued model notices and announced a new website dedicated to the COBRA premium subsidy under ARPA, which…
Labor Commissioner Issues FAQs for Supplemental COVID-19 Paid Sick Leave Law
In a prior article, we explained Senate Bill 95, which requires employers with more than 25 employees in California to provide COVID-19 Supplemental Paid Sick leave. You can read it here. SB 95 creates California Labor Code Sections 248.2 and 248.3. It goes into effect on March 29, 2021, and applies retroactively to January…
California Enacts Expansive, Retroactive Supplemental COVID-19 Paid Sick Leave Law
Beginning on March 29, 2021, Senate Bill 95 will place additional requirements on employers to provide supplemental paid sick leave to employees impacted by COVID-19. The bill, which was approved by the legislature on March 18, 2019, and signed by Governor Gavin Newsom on March 19, 2021, creates California Labor Code Sections 248.2 and 248.3. …
OSHA Adopts New COVID-19 National Emphasis Program to Increase Its Enforcement Efforts
On March 12, 2021, the Occupational Safety and Health Administration (“OSHA”) launched its new COVID-19 National Emphasis Program (“NEP”). The new OSHA directive outlines policies and procedures for minimizing worker exposures to COVID-19 by targeting certain “high-hazard” industries and worksites where employees may have a high frequency of close contact exposures. The NEP and related…
CDC Issues New COVID-19 Guidance For Vaccinated Individuals
By Molly Brooks
On Monday, March 8, 2021, the Center for Disease Control (“CDC”) issued new Guidance for Fully Vaccinated People. The CDC defines “fully vaccinated people” as those who received both doses in a 2-dose series, or one dose of a single-dose vaccine, and two weeks have elapsed since receiving the final dose. Alongside its recommendations…
DFEH Issues Guidance to Employers Regarding Mandatory COVID-19 Vaccination Policies
On March 4, 2021, the California Department of Fair Employment and Housing (“DFEH”) updated its COVID-19 related guidance. In addition to addressing whether an employer may ask about symptoms, take employees’ temperatures, and require the use of personal protective equipment among other things, the DFEH addresses a question that has been top of mind…
Two Executive Orders Signed on International Women’s Day Promoting Gender Equity and Equality
By Lauren Blaes
On International Women’s Day, March 8, 2021, President Joseph Biden signed two executive orders to promote gender equity and equality through the creation of a Gender Policy Council and through a policy that guarantees an education free from discrimination based on sex, sexual orientation, and gender identity.
Executive Order on Establishment of the White House…
New York Department of Labor Significantly Expands COVID-19 Quarantine Leave
On January 20, 2021 – nearly a year after the law’s effective date – the New York Department of Labor (“NYDOL”) issued new guidance (the “Guidance”) for employers regarding the scope of available sick leave for employees subject to a mandatory or precautionary order of quarantine or isolation due to COVID-19 (“Quarantine Leave”). The Guidance…
Cal/OSHA Provides New Guidance for California Employers to Comply With COVID-19 Emergency Temporary Standards
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…
California Municipalities Move Closer to Requiring Hazard Pay for Grocery and Pharmacy Workers
Frontline workers of certain large grocery and pharmacy retailers in Los Angeles County and other municipalities across the state may soon receive an additional $4.00 to $5.00 an hour in “hero pay” or “hazard pay” during the COVID-19 pandemic.
Background
Since March 2020, the COVID-19 pandemic has dramatically impacted our communities. Low-income communities and communities…
What the Expiration of COVID-19 Paid Leave Laws Means for California Employers
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…