BUSINESS & CORPORATE LAW SECTION WEBINAR - ORANGE COUNTY BAR ASSOCIATION Employment Law Best Practices
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ORANGE COUNTY BAR ASSOCIATION
BUSINESS & CORPORATE LAW
SECTION WEBINAR
Employment Law Best Practices
Wednesday, April 28, 2021
2021 EMPLOYMENT
LAWS AND PRACTICAL
APPLICATION
PREPARED FOR THE ORANGE COUNTY BAR ASSOCIATION
APRIL 28, 2021
BY SHANNON MARIE JENKINS, ESQ., PARTNER, TLD LAW
KEY California Federal DOL Impact to Wages Handbook Change Notice Required Form Required Posting Training Required
Employers Employers
With 26 or With 25 or CA STATE
Dates
More Less MINIMUM
Employees Employees
WAGE
1/1/20 $13/hour $12/hour
INCREASE
1/1/21 $14/hour $13/hour
SCHEDULE
1/1/22 $15/hour $14/hour
1/1/23 $15/hour* $15/hour*
CA MINIMUM WAGE IMPACT Overtime Rate Piece-Rate Employees Exempt/Nonexempt Draws Against Commissions Notice Requirements Tools/Equipment Meals and Lodging Regular Rate Calculation for Paid Sick Leave Remote Work
LA COUNTY*/CITY
MINIMUM WAGE
Employers with 25/less Other Southern
Employers With 26 or Non-Profits with
Effective Date California Cities
more Employees 26/more (with approval of
deferred rate)
• Malibu
7/1/2019 $14.25 $13.25 • Pasadena
7/1/2020 $15.00 $14.25 • San Diego
• Santa Monica
7/1/2021 $15.00 $15.00
*Unincorporated Areas of LA County Only
CA EXEMPT EMPLOYEES - SALARY BASIS
TEST INCREASES IN 2021
Employers with
Exemption Rate Employers with 26+ EE’s
25/Less EE’s
Weekly $1040 $1120
Monthly $4,506.67 $4,853.33
Annual $54,080 $58,240
• Executive
• Professional
• Administrative
2021 EXEMPTION RATES FOR
COMPUTER PROFESSIONALS
THE COMPUTER EXEMPTION RATE INCREASES
TO:
• HOURLY RATE - $47.48 (2.0% INCREASE)
• MONTHLY SALARY - $8,242.32
• ANNUAL SALARY - $98,907.70
NOTE: LICENSED PHYSICIANS &
SURGEONS RATE
INCREASES TO $86.49 PER HOUR
THE 2021 RATE CHANGES REFLECT THE 2
PERCENT INCREASE IN THE CCPI.
SB 1384 - EXPANDS LABOR
COMMISSIONER’S AUTHORITY
EXTENDS THE LABOR
COMMISSIONER’S AUTHORITY TO
ALSO REPRESENT A CLAIMANT WHO’S
FINANCIALLY UNABLE TO
REPRESENT THEMSELVES IN A
HEARING WHERE A COURT ORDER
HAS COMPELLED ARBITRATION TO
DETERMINE THE CLAIM
AB 3075 - EXPANDS SUCCESSOR
LIABILITY FOR LABOR CODE
JUDGMENTS
MAKES A SUCCESSOR
EMPLOYER LIABLE FOR ITS
PREDECESSOR’S UNPAID
WAGE JUDGMENTS AND
LAYS OUT SPECIFIC CRITERIA
TO ESTABLISH
“SUCCESSORSHIP”
Also allows local jurisdictions to enforce state labor standards
requirements regarding payment of wagesAB 1512 & AB 2479 –
REST BREAKS
AB 1512 ALLOWS SECURITY GUARDS TO REMAIN
ON THE PREMISES DURING REST PERIODS AND
TO REMAIN ON CALL DURING THE REST
PERIOD. IF WORK INTERRUPTS THE REST
PERIOD, THE SECURITY GUARD MUST BE
PERMITTED TO RESTART THE REST PERIOD AS
SOON AS PRACTICABLE
AB 2479 EXTENDS A LIMITED ON-CALL REST
BREAK EXCEPTION FOR SAFETY SENSITIVE
POSITIONS AT PETROLEUM FACILITIES TO 20262020
AB 5 – ABC TEST
• DYNAMEX OPERATIONS V. SUPERIOR
COURT - DETERMINED WHETHER A
WORKER SHOULD BE DESIGNATED AS AN
EMPLOYEE OR INDEPENDENT
CONTRACTOR
• AB 5 EXTENDED THE ABC TEST TO ALL
PROVISIONS OF THE CALIFORNIA LABOR
CODE AND UNEMPLOYMENT INSURANCE
CODE UNLESS ANOTHER DEFINITION OF
"EMPLOYEE" IS PROVIDED2020
THE 'ABC' TEST
UNDER THE THREE-PRONG TEST, A WORKER IS
PRESUMED TO BE AN EMPLOYEE UNLESS THE EMPLOYER
CAN SHOW ALL OF THE FOLLOWING:
A. THE WORKER IS FREE FROM THE CONTROL AND
DIRECTION OF THE HIRING ENTITY IN
CONNECTION WITH THE PERFORMANCE OF THE
WORK, BOTH UNDER THE CONTRACT FOR THE
PERFORMANCE OF THE WORK AND IN FACT
B. THE WORKER PERFORMS TASKS THAT ARE OUTSIDE
OF THE USUAL COURSE OF THE HIRING ENTITY'S
BUSINESS
C. THE WORKER IS CUSTOMARILY ENGAGED IN AN
INDEPENDENTLY ESTABLISHED TRADE,
OCCUPATION OR BUSINESS OF THE SAME NATURE
AS THE WORK PERFORMED FOR THE HIRING ENTITY2020
AB 5 – CERTAIN OCCUPATIONS EXEMPTED FROM ABC
TEST – RETURN TO BORELLO TEST
• DOCTORS • COMMERCIAL FISHERMEN
• PROFESSIONALS (LAWYERS, • AAA-AFFILIATED TOW TRUCK DRIVERS
ARCHITECTS, ENGINEERS),
PROFESSIONAL SERVICES FINANCIAL • RIDESHARE, DELIVERY SERVICE, AND
SERVICES OTHER GIG ECONOMY WORKERS
• TRUCK DRIVERS
• INSURANCE BROKERS
• JANITORS & HOUSEKEEPERS
• REAL ESTATE AGENTS
• HEALTH AIDES
• DIRECT SALES
BUILDERS AND CONTRACTORS • ENTERTAINMENT PROFESSIONALS
• FREELANCE WRITERS AND • LAND SURVEYORS, LANDSCAPE
PHOTOGRAPHERS ARCHITECTS, AND GEOLOGISTS
• HAIR STYLISTS, BARBERS, • CAMPAIGN WORKERS
ESTHETICIANS, ELECTROLOGISTS, AND • LANGUAGE INTERPRETERS
MANICURISTS (IF LICENSED)
• EXOTIC DANCERS
• TUTORS
• RABBIS AND OTHER CLERGYCA MEASURE 22 EXEMPTS APP- BASED TRANSPORTATION AND DELIVERY COMPANIES • EXEMPTS ONLINE-BASED TRANSPORTATION BUSINESSES FROM HAVING TO RE-CLASSIFY TRANSPORTATION DRIVERS AS EMPLOYEES. • THESE DRIVERS WILL BE EXEMPT FROM THE REQUIREMENTS OF THE CALIFORNIA LABOR CODE, THE UNEMPLOYMENT INSURANCE CODE, AND THE INDUSTRIAL WELFARE COMMISSION'S WAGE ORDERS. • DRIVERS ARE PROVIDED CERTAIN BENEFITS TYPICAL OF AN EMPLOYMENT RELATIONSHIP.
DOL: WHO IS AN INDEPENDENT
CONTRACTOR - ECONOMIC REALITY TEST
• ADOPTS AN "ECONOMIC REALITY" TEST TO DETERMINE A WORKER'S STATUS AS AN EMPLOYEE
COVERED BY THE FAIR LABOR STANDARDS ACT (FLSA) OR AN INDEPENDENT CONTRACTOR.
DOES NOT PRE-EMPT STATE INDEPENDENT-CONTRACTOR LAWS
• TWO CORE FACTORS:
• THE NATURE AND DEGREE OF THE WORKER'S CONTROL OVER THE WORK.
• THE WORKER'S OPPORTUNITY FOR PROFIT OR LOSS BASED ON INITIATIVE
OR INVESTMENT.
• THREE OTHER FACTORS TO SERVE AS ADDITIONAL GUIDES IN THE ANALYSIS:
• THE AMOUNT OF SKILL REQUIRED FOR THE WORK.
• THE DEGREE OF PERMANENCE OF THE WORKING RELATIONSHIP BETWEEN THE WORKER AND
THE POTENTIAL EMPLOYER.
• WHETHER THE WORK IS PART OF AN INTEGRATED UNIT OF PRODUCTION.
• CONSIDERS WHETHER A WORKER IS IN BUSINESS FOR HIMSELF OR HERSELF AND THUS IS AN
INDEPENDENT CONTRACTOR, OR IF THE WORKER IS ECONOMICALLY DEPENDENT ON AN ENTITY
FOR WORK AND IS AN EMPLOYEE.SB 973 – PAY DATA
REPORTING
NEW PAY DATA REPORTING REQUIREMENT THAT
APPLIES TO PRIVATE EMPLOYERS:
a) WITH 100 OR MORE EMPLOYEES AND
b) THAT ARE REQUIRED TO FILE AN ANNUAL
EMPLOYER INFORMATION REPORT
(EEO-1) PURSUANT TO FEDERAL LAW
COVERED EMPLOYERS WILL HAVE TO PROVIDE
CALIFORNIA’S DEPARTMENT OF FAIR EMPLOYMENT
AND HOUSING (DFEH) WITH PAY DATA BY SPECIFIED
JOB CATEGORIES AND BY RACE, ETHNICITY AND SEX.
THE REPORTS WILL BE DUE ON AN ANNUAL BASIS,
STARTING MARCH 31, 2021, FOR CALENDAR YEAR 2020.SB 1383 EXPANDS CFRA COVERAGE TO
EMPLOYERS WITH 5/MORE EMPLOYEES
JANUARY 1, 2021
• EXPANDS CFRA’S COVERAGE TO INCLUDE ALL EMPLOYERS WITH FIVE OR MORE
EMPLOYEES
• EFFECTIVELY ELIMINATES THE NPLA
• NEW LAW CREATES A “STACKING” PROBLEM WITH THE FEDERAL FMLA (LARGER
EMPLOYERS MAY TO ADMINISTER THE TWO LEAVES SEPARATELY)
EXAMPLE (FOR EMPR 50+ EE’S): EMPLOYEE NEEDS TO TAKE FAMILY LEAVE TO CARE FOR
A SISTER WITH A SERIOUS HEALTH CONDITION.
UNDER SB 1383, EE WOULD BE ELIGIBLE TO TAKE UP TO 12 WEEKS OF LEAVE IN ORDER
TO DO SO. HOWEVER, BECAUSE “SIBLINGS” ARE NOT COVERED UNDER THE FEDERAL
FMLA, THAT SAME EE WOULD POTENTIALLY STILL BE ELIGIBLE TO TAKE 12 WEEKS OF
LEAVE UNDER THE FMLA FOR A CHILD, PARENT OR SPOUSE.
UNDER THIS EXAMPLE, AN EMPLOYER COULD BE FACED WITH PROVIDING UP TO 24
WEEKS OF LEAVE TO SUCH AN EMPLOYEE.SB 1383 EXPANDED CFRA COVERAGE (MORE)
EXPANDED DEFINITION OF “FAMILY MEMBERS” TO INCLUDE SIBLINGS,
GRANDPARENTS, GRANDCHILDREN, AND DOMESTIC PARTNERS. THE DEFINITION OF
“CHILD” IS EXPANDED TO COVER ALL ADULT CHILDREN (REGARDLESS OF WHETHER THEY
ARE DEPENDENT) AND CHILDREN OF A DOMESTIC PARTNER.
• Deletes provision that specifies that if both parents work for the same
employer, the employer is not required to provide more than a total of 12
weeks for leave in connection with the birth, adoption or foster care placement
of a child. Therefore, employer now required to provide 12 weeks to both
employees in that situation.
• Deletes language that authorizes employer to refuse reinstatement to highest
10% of salaried employees where the refusal is necessary to prevent substantial
and grievous economic injury.AB 1687 SMALL EMPLOYER FAMILY
LEAVE MEDIATION PILOT PROGRAM
ALLOWS SMALL BUSINESSES
WITH 5-19 EMPLOYEES,
WHEN A DISPUTE ARISES, TO
REQUEST MEDIATION
THROUGH THE (DFEH)
DISPUTE RESOLUTION
PROGRAMAB 2017 EXPANSION OF CA KIN CARE
SICK LEAVE LAW
REVISES THE CURRENT LAW
TO CLARIFY THAT THE
EMPLOYEE HAS THE RIGHT TO
DESIGNATE SICK LEAVE AS
KIN CARE — OR NOT — IN
ORDER TO AVOID A
DESIGNATION ERROR AND
UNINTENTIONAL DRAW
DOWN OF KIN CARE TIME
WHEN THE SICK DAYS WERE
ACTUALLY TAKEN FOR
PERSONAL SICK LEAVEAB 2992 EXPANSION OF CA VICTIMS OF
CRIME LEAVE
IMPOSES FURTHER
LIMITATIONS ON
CURRENT LAW, FROM
EMPLOYERS FROM
DISCHARGING,
DISCRIMINATING, OR
RETALIATING AGAINST
AN EMPLOYEE WHO IS A
VICTIM OF CRIME OR
ABUSEAB 1963 - HR AND SUPERVISORS
MANDATED CHILD ABUSE REPORTERS
For companies with 5/more employees, that also employ minors
• HR DEFINED AS ANY PERSON
DESIGNATED BY EMPLOYER TO
ACCEPT COMPLAINTS OF
DISCRIMINATION, HARASSMENT,
RETALIATION, ETC., MADE UNDER
FEHA.
• SUPERVISORS WHOSE DUTIES
REQUIRE DIRECT CONTACT WITH,
AND SUPERVISION OF, MINORS.
• TRAINING REQUIRED.AB 1947 EXTENDS COMPLAINT FILING
DEADLINE WITH THE DLSE
EXTENDS THE TIME AN
INDIVIDUAL WHO
BELIEVES THEY HAVE
BEEN WRONGLY
DISCHARGED CAN FILE A
COMPLAINT OF
DISCRIMINATION OR
RETALIATION WITH THE
DLSE (LABOR
COMMISSIONER) FROM SIX
MONTHS TO ONE YEARDOL REVISED FAMILY AND MEDICAL
LEAVE ACT (FMLA) FORMS
• WH-381, NOTICE OF ELIGIBILITY
AND RIGHTS AND RESPONSIBILITIES
• WH-382, DESIGNATION NOTICE
• WH-380-E, MEDICAL CERTIFICATION
OF AN EMPLOYEE'S SERIOUS
HEALTH CONDITION
• WH-380-F, MEDICAL CERTIFICATION
OF A FAMILY MEMBER'S SERIOUS
HEALTH CONDITIONAB 25 – CA CONSUMER PRIVACY
ACT/EMPLOYEE DATA
THE CCPA GRANTS RIGHTS REGARDING PERSONAL
INFORMATION HELD BY BUSINESSES, INCLUDING THE RIGHT
TO KNOW, ACCESS, AND REQUEST DELETION OF THEIR DATA.
INCLUDES JOB APPLICANTS, CURRENT AND FORMER
EMPLOYEES, CONTRACTORS, EMERGENCY CONTACTS, AND
DEPENDENTS/SPOUSES FOR PURPOSES OF ADMINISTERING
BENEFITS.
EMPLOYEE DATA EXEMPT
FROM THE CCPA BUT ONLY
FOR ONE YEAR.AB1281 – EXTENDS CCPA
EXEMPTION
WHAT COMPANIES SHOULD
AB 1281 EXTENDS THE EXEMPTION BE GEARING UP FOR
FOR AN ADDITIONAL YEAR TO THE
END OF 2021. NOTE: EMPLOYERS • POST UPDATED PRIVACY
MUST STILL COMPLY WITH THE NOTICES. CREATE A “WEBFORM”
ADDITIONAL CCPA REQUIREMENTS TO RESPOND TO INDIVIDUAL
THAT INCLUDE PROVIDING NOTICE ACCESS REQUESTS. CREATE A
MECHANISM TO VERIFY
EITHER BEFORE OR AT THE TIME OF INDIVIDUALS’ IDENTITIES.
COLLECTING PERSONAL
INFORMATION FROM AN • INCLUDE ON YOUR HOMEPAGE A
“DO NOT SELL” BUTTON (IF YOU
APPLICANT OR EMPLOYEE SELL DATA).
• REVIEW YOUR SECURITY
PRACTICES.SB 778 & 530 - SEXUAL HARASSMENT TRAINING EXTENSION • SB 778 EXTENDS THE DEADLINE TO PROVIDE SEXUAL HARASSMENT PREVENTION TRAINING TO JANUARY 1, 2021. • SB 530 REQUIRES SEASONAL, TEMPORARY, OR OTHER EE’S HIRED TO WORK FOR LESS THAN >6 MONTHS TO RECEIVE TRAINING WITHIN 30 DAYS AFTER THE HIRE DATE OR WITHIN 100 HOURS, WHICHEVER OCCURS FIRST.
CLEAR STANDARD FOR DEALING WITH OFFENSIVE
CONDUCT IN THE WORKPLACE
GENERAL MOTORS LLC, 369 NLRB NO. 127 (2020)
THE NATIONAL LABOR RELATIONS BOARD (NLRB) HAS REVISED
THE STANDARD APPLICABLE TO DISCIPLINING OR
DISCHARGING EMPLOYEES WHO USE OFFENSIVE OR PROFANE
LANGUAGE, OR ENGAGE IN ABUSIVE CONDUCT, WHILE ALSO
PARTICIPATING IN ACTIVITY PROTECTED BY SECTION 7CALSAVERS - SECURE CHOICE
RETIREMENT SAVINGS PROGRAM
SECURE CHOICE RETIREMENT
SAVINGS INVESTMENT BOARD,
KNOWN AS CALSAVERS, FOR PRIVATE
SECTOR EMPLOYERS WHO DO NOT
OFFER A RETIREMENT PLAN
DEADLINE
• 100+ EMPLOYEES - JUNE 30, 2020
• 50+ EMPLOYEES - JUNE 30, 2021
• 5+ EMPLOYEES - JUNE 30, 20222021 IRS MILEAGE RATE
NO CHANGE
ANNOUNCED TO DATE
REIMBURSEMENT RATE FOR MILEAGE:
• 57.5 CENTS PER MILE FOR BUSINESS
MILES
• 17 CENTS PER MILE FOR MEDICAL
OR MOVING PURPOSES
• 14 CENTS PER MILE FOR
CHARITABLE ORGANIZATIONSFOR PUBLICLY HELD CORPORATIONS HEADQUARTERED IN
CALIFORNIA
AB 979 - MUST DIVERSIFY BOD WITH DIRECTORS FROM
BOARDS OF “UNDERREPRESENTED COMMUNITIES” BY DECEMBER 31, 2021
DEFINED AS “AN INDIVIDUAL WHO SELF-IDENTIFIES AS BLACK,
DIRECTORS AFRICAN AMERICAN, HISPANIC, LATINO, ASIAN, PACIFIC
ISLANDER, NATIVE AMERICAN, NATIVE HAWAIIAN, OR ALASKA
DIVERSITY NATIVE, OR WHO SELF-IDENTIFIES AS GAY, LESBIAN, BISEXUAL,
OR TRANSGENDER.”
• FAILURE TO TIMELY COMPLY –
$100,000 FINE FIRST 1ST VIOLATION,
$300,000 SUBSEQUENT VIOLATIONSEMPLOYERS ARE REQUIRED TO REPORT TO THEIR WORK COMP
CARRIER:
1. NOTICE THAT AN EMPLOYEE HAS TESTED POSITIVE. DO NOT
INCLUDE ANY PERSONAL IDENTIFIABLE INFORMATION (SUCH AS
SSN, DOB, ETC.).
2. THE DATE THE SPECIMEN WAS COLLECTED FOR THE POSITIVE TEST.
3. POSITIVE PCR COVID-19 TEST OR OTHER FDA APPROVED VIRAL
SB 1159 - TEST. SEROLOGIC (ANTIBODY) TESTING IS NOT A VIABLE TEST.
COVID-19 4. ALL LOCATIONS WHERE EMPLOYEE WORKED AT YOUR DIRECTION
POSITIVE DURING THE 14-DAY PERIOD PRIOR TO THE POSITIVE TEST RESULT.
5. THE HIGHEST NUMBER OF EMPLOYEES WHO WORKED AT THE
CASE EMPLOYEE’S SPECIFIC WORK LOCATION(S) IN THE 45-DAY PERIOD
REPORTING PRECEDING THE LAST DAY THAT THE EMPLOYEE WORKED THERE.
YOU ARE REQUIRED TO REPORT ALL POSITIVE CASES, REGARDLESS
OF IF YOU BELIEVE YOUR EMPLOYEE DID NOT GET IT AT WORK.
AN EMPLOYER WHO INTENTIONALLY SUBMITS FALSE OR
MISLEADING INFORMATION, OR FAILS TO SUBMIT REQUIRED
INFORMATION, IS SUBJECT TO A CIVIL PENALTY OF UP TO $10,000.SB 1159 Q&A’S
WILL THESE CLAIMS AFFECT MY EXPERIENCE MODIFICATION (X-
MOD)?
• NO, COVID -19 CLAIMS ARE EXCLUDED FROM EXPERIENCE
MODIFICATION CALCULATIONS.
DO I HAVE TO SUBMIT A COVID-19 POSITIVE TEST REPORTING
FORM EVEN IF MY EMPLOYEE DOES NOT WANT TO PURSUE A
WORKERS’ COMPENSATION CLAIM?
• YES, THE LAW NOW REQUIRES EMPLOYERS WITH MORE THAN
FIVE (5) TOTAL EMPLOYEES TO REPORT EVERY EMPLOYEE
WHO TESTS POSITIVE FOR COVID-19 BY A PCR TEST
REGARDLESS OF WHETHER OR NOT A WORKERS’
COMPENSATION CLAIM WILL BE FILED.
CHECK IN WITH YOUR WORK COMP INSURER FOR A
REPORTING FORM
DIR Q&A: HTTPS://WWW.DIR.CA.GOV/DWC/COVID-19/FAQ-SB-
1159.HTMLIF AN EMPLOYER RECEIVES NOTICE OF POTENTIAL EXPOSURE TO
COVID-19 AMONG ITS EMPLOYEES, THE EMPLOYER MUST TAKE THE
FOLLOWING STEPS WITHIN ONE BUSINESS DAY OF RECEIVING
NOTICE:
• PROVIDE WRITTEN NOTICE OF POTENTIAL EXPOSURE TO ALL
EMPLOYEES AND VISITORS WHO WERE ON THE PREMISES AT
THE SAME WORKSITE AS THE POTENTIALLY INFECTED
AB 685
INDIVIDUAL WITHIN THE INFECTIOUS PERIOD
• PROVIDE ALL EMPLOYEES WHO MAY HAVE BEEN EXPOSED
EMPLOYEE
WITH INFORMATION ON COVID-19-RELATED BENEFITS TO
WHICH THE EMPLOYEE MAY BE ENTITLED UNDER APPLICABLE
EXPOSURE
FEDERAL, STATE, OR LOCAL LAWS.
• NOTICE OF DISINFECTION AND SAFETY PLAN THAT THE
NOTICE
EMPLOYER PLANS TO IMPLEMENT AND COMPLETE PER CDC
GUIDELINES.
EMPLOYERS MAY NOT REQUIRE EMPLOYEES TO DISCLOSE
MEDICAL INFORMATION UNLESS OTHERWISE REQUIRED BY LAW.
EMPLOYERS MAY NOT RETALIATE AGAINST A WORKER FOR
DISCLOSING A POSITIVE COVID-19 TEST, OR DIAGNOSIS OR ORDER
TO QUARANTINE OR ISOLATE.
THE DIVISION OF OCCUPATIONAL HEALTH AND SAFETY (DOSH)
MAY ISSUE CITATIONS AND CIVIL PENALTIES FOR VIOLATIONS OF
THESE REQUIREMENTS.CAL/OSHA COVID-19 EMERGENCY
STANDARDS – OUTBREAK
CRITICAL STEPS
EFFECTIVE 11/20/20
1. NOTIFY ALL EMPLOYEES (AND VISITORS)
A COVID-19 OUTBREAK IS WHO MAY HAVE BEEN EXPOSED.
CONSIDERED THREE OR MORE 2. PROVIDE TESTING TO ALL EXPOSED
EMPLOYEES. REPEAT THE FOLLOWING
COVID-19 CASES IN AN “EXPOSED
WEEK
WORKPLACE”* WITHIN A 14-DAY 3. CONTACT LOCAL HEALTH DEPARTMENT
PERIOD OR IDENTIFIED AS AN OF OUTBREAK
OUTBREAK BY A LOCAL HEALTH 4. REPORT POSITIVE CASES TO WORK
DEPARTMENT. COMP CARRIER
5. PROVIDE ALL POSITIVE CASES WITH A
*“EXPOSED WORKPLACE” MEANS ANY WORK LOCATION,
WORKING AREA, OR COMMON AREA AT WORK USED OR DWC-1 FORM.
ACCESSED BY A COVID-19 CASE DURING THE HIGH-RISK 6. DETERMINE IF/HOW EMPLOYEES WILL BE
PERIOD, INCLUDING BATHROOMS, WALKWAYS, HALLWAYS,
AISLES, BREAK OR EATING AREAS, AND WAITING AREAS. THE PAID
EXPOSED WORKPLACE DOES NOT INCLUDE BUILDINGS OR 7. DETERMINE A RETURN-TO-WORK PLAN
FACILITIES NOT ENTERED BY A COVID-19 CASE.CAL/OSHA COVID-19 EMERGENCY STANDARDS –
COVID-19 PREVENTION PROGRAM
EMPLOYERS MUST A SYSTEM FOR COMMUNICATING
PREPARE, IMPLEMENT COVID-19 INFO
ACCESS TO COVID-19 TESTING
AND MAINTAIN A
IDENTIFICATION AND EVALUATION OF
WRITTEN COVID-19 COVID-19 HAZARDS
PREVENTION PROGRAM INVESTIGATING AND RESPONDING TO
(“CPP”), AS A COVID-19 CASES
SUPPLEMENT THEIR CORRECTION OF COVID-19 HAZARDS
EXISTING INJURY AND TRAINING AND INSTRUCTION
REQUIREMENT OF PHYSICAL
ILLNESS PREVENTION DISTANCING, AND FACE COVERINGS
PROGRAM (“IIPP”) OR ENGINEERING/ADMINISTRATIVE
EXIST AS A CONTROLS, AND PERSONAL PROTECTIVE
STANDALONE EQUIPMENT
DOCUMENT. REPORTING, RECORDKEEPING AND
ACCESS.CAL/OSHA ISSUING COVID-19
SAFETY CITATIONS
CAL/OSHA CITING EMPLOYERS
FOR FAILING TO PROTECT
WORKERS FROM COVID-19,
BECAUSE THEY "DID NOT TAKE
STEPS TO UPDATE THEIR
WORKPLACE SAFETY PLANS TO
PROPERLY ADDRESS HAZARDS
RELATED TO THE VIRUS."
$4,034,288
AS OF 1/14/21NON-COMPETE
AGREEMENTS
BETWEEN BUSINESSES
CALIFORNIA SUPREME
COURT ISSUES DECISION IN
IXCHEL PHARMA, LLC V.
BIOGEN, INC. (2020) 9 CAL.
5TH 1130: RULE OF REASON
WILL APPLY TO NON-
COMPETE AGREEMENTS
BETWEEN BUSINESSESWHAT DOES THE HIGH COURT’S LGBTQ RULING MEAN FOR EMPLOYEE BENEFITS? THE U.S. SUPREME COURT RECENTLY RULED THAT EMPLOYERS CAN'T TERMINATE WORKERS BASED ON THEIR LESBIAN, GAY, BISEXUAL, TRANSGENDER OR QUEER (LGBTQ) STATUS, AND EMPLOYERS SHOULD UNDERSTAND THAT THE RULING PROVIDES EMPLOYMENT PROTECTIONS BEYOND BEING FIRED
PANDEMIC PROMPTS EMPLOYERS TO
REVIEW YEAR-END VACATION POLICIES
IDEAS TO ADDRESS BALANCES AT/NEAR MAXIMUM ACCRUAL:
• INCREASE CARRYOVER LIMITS
• REQUIRING EMPLOYEES TO TAKE VACATION TIME TO REDUCE
THE BUILD-UP, MANDATING EMPLOYEES TO TAKE SOME TIME
OFF BY A CERTAIN DATE*
• LETTING EMPLOYEES DONATE UNUSED VACATION TIME TO A
BANK THAT COULD BE USED BY CO-WORKERS FACING
EXTRAORDINARY CIRCUMSTANCES
• CLOSE OPERATIONS FOR A HOLIDAY WEEK, FORCING
PEOPLE TO TAKE VACATION TIME*
RED FLAG TIPS:
• UPDATE YOUR EMPLOYEE HANDBOOK WITH ANY CHANGES
*Note: in CA, employers must give 90 days TO YOUR PROGRAM
notice to exempt employees to require them
• AS A REMINDER, CALIFORNIA DOES NOT PERMIT COMPANIES
to use vacation/PTO during a shut-down or
TO IMPOSE "USE IT OR LOSE IT" POLICIES
forced vacationCAN/SHOULD EMPLOYERS REQUIRE THE COVID-19 VACCINE? • MAY REQUIRE EMPLOYEES TO BE VACCINATED, AS FAILURE TO BE VACCINATED CONSTITUTES A DIRECT THREAT TO OTHER EMPLOYEES IN THE WORKPLACE • EXCEPTIONS MUST BE MADE FOR EMPLOYEES DUE TO DISABILITIES OR A SINCERELY HELD RELIGIOUS BELIEF • EMPLOYERS DO NOT HAVE TO ACCOMMODATE SECULAR OR MEDICAL BELIEFS ABOUT VACCINES
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