California Workplace Law Blog

Insight & Commentary on California Workplace Law Issues & Developments

On August 2nd, seven Bay Area counties and the city of Berkeley joined the ranks of Los Angeles, Sacramento, and Yolo counties in issuing local ordinances that reinstitute indoor masking mandates. The orders require all individuals, regardless of vaccination status, to wear face coverings when indoors in public settings, with limited exceptions, beginning on August 3rd. The following counties are included in the joint mandate: Alameda Contra Costa Marin San Francisco San Mateo Santa…
On July 28th the California Department of Public Health (“CDPH”) issued revised guidance for the use of masks, including recommending universal masking indoors statewide. This guidance comes on the heels of changes in the Centers for Disease Control (“CDC”) guidance recommending masking for indoor settings in areas with substantial and high transmission of COVID-19. The revised CDPH guidance for universal indoor masking is only a recommendation at this time. However, several counties have gone…
Due to a rise in transmission of the Delta variant causing a rapid increase in COVID-19 cases in California, the California Department of Public Health (CDPH) issued a new order to help prevent the spread of COVID-19 in hospitals, high-risk congregate settings, and other health care settings. The order takes effect on August 9, 2021, and states that all covered facilities must be in full compliance by August 23, 2021. The order applies to the…
On June 17th the Cal/OSHA Standards Board passed amended COVID-19 Emergency Temporary Standards, which were intended to bring consistency between the California Department of Public Health mask guidance and Cal-OSHA’s workplace requirements. However, since the passage of the amendments, several counties, including Los Angeles County, have seen a rise in COVID-19 cases. In response, the Los Angeles County Public Health Department (LADPH) issued a revised order that went into effect on July 17, 2021.…
Several months after Governor Newsom signed into law a statewide right of recall statute affecting the hospitality industry and building services, the Labor Commissioner’s office finally issued a Frequently Asked Questions page. The FAQs clarify that an acceptance by an employee of an offer must be delivered to the employer within 5 business days, which does not include Saturdays, Sundays, or California state holidays. Moreover, the obligation to offer positions does not end…
The state and some local COVID-19 supplemental paid sick leave requirements continue through the summer. And the City of Los Angeles’ mayor issued a public order mandating additional paid leave. Under the order, employees who work within the City of Los Angeles and have been employed by their employer for 60 days are entitled to paid time off to get vaccinated for COVID-19, including traveling to and from the appointment, as well as recovering…
It’s summer and California has eased COVID-19 restrictions, which makes it the perfect time for employers to refresh themselves on the rules and regulations governing vacation time for employees in California. Vacation Not Required While California is known for its complex web of leave requirements, there is no requirement for California employers to provide vacation time to employees. Moreover, employers are permitted to exclude certain classes of employees, such as part-time, temporary, or probationary employees…
The simple answer is Cal/OSHA has not clarified if the 30-year retention rule is triggered by requirements of the COVID-19 Emergency Temporary Standards (ETS). Pursuant to Cal/OSHA’s amended ETS employers are required to document the vaccination status of their employees if the employer intends to allow vaccinated employees to work without a face covering or to determine whether an employee needs to be excluded from the workplace due to a close contact with a COVID-19…
While the past week brought many changes around California for COVID-19 requirements, both the state statute and several local supplemental paid sick leave ordinances persist. The statewide COVID-19 Supplemental Paid Sick Leave (“SPSL”) law remains in effect until September 30, 2021. As a reminder, under the state SPSL, employees are entitled to leave for the following reasons: The employee is subject to a quarantine or isolation period related to COVID-19; The employee has been advised…
The last few weeks have been quite tense for California employers as they watched the drama unfold with the state’s Department of Industrial Relations’ Division of Occupational Safety and Health (“Cal/OSHA”) over amendments to the standing COVID-19 Emergency Temporary Standards (“ETS”) In case you missed it: a few weeks ago, Cal/OSHA delayed a vote on amendments to the ETS to have more time to consider new guidance from the Centers for Disease Control and Prevention…