California Workplace Law Blog

Insight & Commentary on California Workplace Law Issues & Developments

At the end of the year, California’s Department of Public Health (CDPH) issued updated guidance regarding Isolation and Quarantine, which applied to workplaces per the Governor’s prior Executive Order. The timing of this guidance was rather awkward, as the Cal/OSHA Standards Board had recently approved changes to the Cal/OSHA ETS set to go into effect on January 14, 2022. Since then, Cal/OSHA has updated its FAQ pertaining to Isolation and Quarantine to reflect the CDPH…
In mid-December, as COVID-19 cases began to rise, the California Department of Public Health (CDPH) reinstituted indoor masking requirements and Cal/OSHA confirmed that requirements applied in the workplace. When issued, the mandate was only supposed to remain in effect until January 15, 2022. However, with COVID-19 cases still on an uptick, the CDPH has extended the requirement for universal masking indoors through February 15, 2022.  While not mandated under the state order, the…
On December 16, 2021, the Cal/OSHA Standards Board adopted the third version of the Cal/OSHA ETS with new exclusion and return to work requirements for COVID-19 cases and close contacts. On December 30, 2021, the California Department of Public Health (CDPH) issued new guidance for Isolation and Quarantine for the General Public. This new guidance contradicted some of the Cal/OSHA ETS requirements for exclusion from the workplace creating confusion among employers. The main contradiction…
As 2021 draws to a close, here is a review of our articles about changes to California employment law that will continue to affect employers into 2022. Legislative Changes Statewide Right of Recall Bill Signed by Governor Newsom New Legislation Signed Regarding Wage Theft Expansion for CFRA Leave to Include Parents-in-Law and Modifications to DFEH Mediation Program Changes to Wage Law for the Garment Manufacturing Industry California Expands Cal/OSHA’s Citation Authority California Expands PPE Stockpile
Over the summer as California saw a rise in COVID-19 cases, the California Department of Public Health (CDPH) issued orders mandating vaccinations of health care workers and workers in adult care facilities and direct care workers. With cases again on the rise, the state has issued two, updated mandates that cover: (1) health care workers; and, (2) adult care facilities and direct care workers. Under the updated orders, covered employees will be required to…
On December 16, 2021, Cal/OSHA’s Standards Board voted to readopt the Cal/OSHA COVID-19 Emergency Temporary Standards (Cal/OSHA ETS) with several revisions. And just a day later the U.S. Court of Appeals for the Sixth Circuit lifted the stay on the federal Occupational Safety and Health Administration’s (OSHA) Emergency Temporary Standard (federal ETS). The timing of these announcements has created some confusion, with many employers wondering if the two announcements are related. They are not.…
On December 16, 2021, Cal/OSHA’s Standards Board voted to readopt the Cal/OSHA COVID-19 Emergency Temporary Standards (ETS) with several revisions.  This amended readoption of the ETS will go into effect on January 14, 2022, and will remain in place until April 14, 2022.  Only one member of the seven-person Standards Board voted against it. This vote comes on the heels of the California Department of Public Health (CDPH) issuing a state-wide face-covering requirement for indoor
Less than 24 hours after the California Department of Public Health’s (CDPH) new mask mandate went into effect, the CDPH updated its guidance to clarify the application of the mandate. Previously, the mandate by the CDPH referenced “indoor public settings” without further definition. In the updated guidance, the CDPH clarifies that “the guidance applies to all workplaces, regardless of whether they serve the public, or are open to the public.  Masks may be removed, per…
Only a month ago, Los Angeles and the Bay Area released criteria for lifting masking requirements that had been in place since the summer. However, with recent increases in COVID-19 cases, California’s Department of Public Health (CDPH) issued a new mandate requiring masks to be worn in all indoor public settings irrespective of vaccine status, effective December 15, 2021 through January 15, 2022. The CDPH order is vague as to the meaning of “indoor public…
The federal OSHA COVID-19 Emergency Temporary Standard (ETS) is currently paused while the Sixth Circuit decides its fate.  Similarly, Cal/OSHA had previously postponed its discussions of changes to the state’s COVID-19 ETS to see what would happen with OSHA. However, time is starting to tick on the current Cal/OSHA ETS, which expires on January 14, 2022. As such, the readoption of the Cal/OSHA ETS is back on the agenda for the Standards Board meeting…