California Public Agency Labor & Employment Blog

Useful information for navigating legal challenges

Blog Authors

AB C DEF G H I J K L MNO PQR S T U V WXYZ

Brett A. Overby

Latest from California Public Agency Labor & Employment Blog

California Public Agency Labor & Employment Blog

Out-of-State Telecommuting During COVID and Beyond

By Kelly Tuffo

February 11, 2021

https-www-calpublicagencylaboremploymentblog-com-wp-content-uploads-sites-855-2021-02-telework-1-300x200-jpg

As the COVID pandemic rages on, employees required to work remotely since March 2020 will continue to do so for at least a foreseeable portion of 2021. While a burden for some, the pandemic has opened endless relocation possibilities for others, allowing some remote workers to visit and stay with family, work from a vacation destination, or work from less expensive areas to save on the cost of living. As we enter a new tax…

California Public Agency Labor & Employment Blog

Working From Home in a Post-Pandemic World

By Danny Y. Yoo

January 22, 2021

At the beginning of the COVID-19 pandemic, many employers allowed some of their employees to work from home (i.e., “telecommute” or “telework”) in the interest of public health. We are now entering our tenth month of the pandemic, and working from home has become “the new normal” for many employers and employees. Now, as vaccines will become more readily available, there is hope that the pandemic will end soon. In a post-pandemic world, employers will…

California Public Agency Labor & Employment Blog

Cal/OSHA Provides Questions and Answers Regarding New Regulations Related to COVID-19

By Peter J. Brown & Alexander Volberding

January 14, 2021

https-www-calpublicagencylaboremploymentblog-com-wp-content-uploads-sites-855-2021-01-pexels-photo-3902882-200x300-jpeg

On January 8, the Department of Occupational and Safety (Cal/OSHA) updated its interpretive guidance concerning emergency COVID-19 regulations that took effect on November 30, 2020. The guidance reflects new information concerning employer obligations and employee entitlements under both Title 8 Sections 3205 and 3205.1, which, respectively, relate to the COVID-19 Prevention Program (CPP)[1] and workplace COVID-19 outbreaks[2]. While Cal/OSHA provides additional information on more than three dozen topics, the purpose of this special bulletin is…

California Public Agency Labor & Employment Blog

CDPH Updates Travel Advisory to Revise the Recommended Quarantine Period Following Interstate and International Travel and to Warn Against Non-Essential Intrastate Travel

By Peter J. Brown & Alexander Volberding

January 11, 2021

https-www-calpublicagencylaboremploymentblog-com-wp-content-uploads-sites-855-2021-01-travel-2-300x200-jpeg

On January 6, 2021, the California Department of Public Health (CDPH) updated its November 13, 2020 travel advisory concerning non-essential interstate travel and the quarantine period for individuals who engage in such travel. The new CDPH guidance makes two important changes to its prior travel advisory including: (1) reducing the recommended self-quarantine period from 14 to 10 days for individuals who travel to California from other states and countries; and (2) expanding the scope of…

California Public Agency Labor & Employment Blog

California Issues “Safe Schools for All Plan”

By Meredith Karasch

January 5, 2021

https-www-calpublicagencylaboremploymentblog-com-wp-content-uploads-sites-855-2021-01-kelly-sikkema-invxd4uhoh4-unsplash-small-300x200-jpg

On December 30, 2020, Governor Newsom issued a new framework for schools so that school districts can reopen or continue operating safely during the COVID-19 pandemic. The Governor’s “Safe Schools for All Plan”, is based on increasing scientific evidence that the correct precautions can stop the spread of COVID-19 in schools. The Governor and the Department of Public Health (“CDPH”) believe that it is important for student learning, as well as children’s mental health…

California Public Agency Labor & Employment Blog

The Equal Employment Opportunity Commission (“EEOC”) Updates Guidance Concerning the Permissibility of Requiring COVID-19 Vaccinations

By Peter J. Brown & Alexander Volberding

December 23, 2020

On December 16, the Equal Employment Opportunity Commission (“EEOC”) updated existing guidance in order to address COVID-19 vaccinations.[1] In addition to discussing vaccinations in the context of equal employment opportunity (“EEO”) laws, the guidance also discusses the Food, Drug and Cosmetic Act (“FD&C Act”), a law outside of the EEOC’s jurisdiction that nevertheless provides a statutory basis to decline vaccination. While this law provides an additional basis by which an individual may decline a COVID-19…

California Public Agency Labor & Employment Blog

Governor Issues Executive Order Revising Cal/OSHA Quarantine Guidance and Addressing Other COVID-19 Related Issues

By Alexander Volberding, Pilar Morin & Peter J. Brown

December 17, 2020

https-www-calpublicagencylaboremploymentblog-com-wp-content-uploads-sites-855-2020-12-alexandr-bendus-vxoljtgbrvs-unsplash-small-200x300-jpg

On December 14, 2020, Governor Gavin Newsom issued Executive Order N-84-20 (the “Order”), addressing a number of issues related to COVID-19 and the present public health emergency. In this bulletin, we address several issues of significant importance to employers, including revisions to the quarantine period provided in the newly adopted Cal/OSHA regulation, the requirement that “emergency response workers” observe modified quarantine requirements, and the suspension of certain rules limiting the use of retired annuitants to…

California Public Agency Labor & Employment Blog

Responding to COVID-19 Outbreaks

By Peter J. Brown & Alexander Volberding

December 16, 2020

https-www-calpublicagencylaboremploymentblog-com-wp-content-uploads-sites-855-2020-12-zach-vessels-ul7vvvkhr0u-unsplash-small-300x169-jpg

On November 19, 2020, the Occupational Safety and Health Standards Board (“OSHSB”) issued a series of new regulations related to COVID-19, which are set forth in Title 8 of the California Code of Regulations (“C.C.R.”) Sections 3205 through 3205.4 (“Cal/OSHA regulations”). While employers have rightfully focused on their obligation under Section 3205 to adopt and implement a COVID-19 Prevention Program , obligations under Section 3205.1, which apply in the event of a workplace outbreak, warrant…

California Public Agency Labor & Employment Blog

CDPH Reduces Quarantine Period Following “Close Contact” Exposures to Align with CDC Guidance

By Peter J. Brown & Alexander Volberding

December 9, 2020

https-www-calpublicagencylaboremploymentblog-com-wp-content-uploads-sites-855-2020-12-quarantine-small-225x300-jpg

On December 7, the California Department of Public Health (“CDPH”) issued updated guidance concerning the recommended quarantine period for individuals following a “close contact” exposure to someone with COVID-19. This guidance now aligns with comparable advice provided by the Centers for Disease Control and Prevention (“CDC”) on the same subject on December 2. Now, both the CDC and CDPH advise as follows: The quarantine period may end after the tenth day, so long as the…

California Public Agency Labor & Employment Blog

CDPH Reduces Quarantine Period Following “Close Contact” Exposures to Align with CDC Guidance, but Public School Districts and Community College Districts Must Follow Stricter Guidance Requiring 14-Day Quarantine

By Eileen O'Hare-Anderson & Meredith Karasch

December 8, 2020

https-www-calpublicagencylaboremploymentblog-com-wp-content-uploads-sites-855-2020-12-lockdown-large-300x200-jpg

On December 7, the California Department of Public Health (“CDPH”) issued updated guidance concerning the recommended quarantine period for individuals following a “close contact” exposure to someone with COVID-19. The CDPH guidance now aligns with the Centers for Disease Control and Prevention’s (“CDC”) guidance issued on the same subject on December 2. Now, both the CDC and CDPH advise as follows: The quarantine period may end after the tenth day, so long as the individual…