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California’s new COVID-19 prevention regulations adopted today allow employers greater freedom in some respects and impose new burdens in others.  The regulations adopted by the Cal/OSHA Standards Board go into effect any day now once they are formally filed with the Secretary of State. The five changes of greatest importance to employers are: Fully Vaccinated Employees are not Required to Wear Face Coverings! The new regulations do not require fully vaccinated employees to wear face coverings any longer in the workplace.  “Fully vaccinated” under the regulations means the employee received, at least 14 days earlier, the second dose in a…
New Cal/OSHA COVID-19 prevention regulations — set to go into effect no later than June 15 — were withdrawn late Wednesday by the Cal/OSHA Standards Board.  The move took employers who had been preparing for weeks to comply with the new regulatory scheme by surprise.  The Standards Board is expected to vote on adopting a revised version of the new regulations at its June 17 meeting.  If approved on June 17, new regulations will become effective 10 days later. As of the time of this posting, the new version of Cal/OSHA regulations the Board will consider on June 17 have…
New mandatory COVID-19 prevention protocols are coming from Cal/OSHA, but not quite as soon as expected.  The vote to adopt revised regulations governing COVID-19 protocols in California workplaces has been postponed until an emergency meeting of the Cal/OSHA Standards Board set for June 3, 2021.  The revised regulations to be considered at that time have not been made public but will take into account recent guidance from the Centers for Disease Control and Prevention (CDC) concerning fully vaccinated persons. The Board was originally scheduled to vote on an amended version of COVID-19 regulations at their May 20 meeting.  However, one…
My colleagues around the country are putting on some pretty fabulous webinars in June that will be informative to employers (especially those who operate both inside and outside of California). First, join dynamic Partner Lori Armstrong Halber as she explores that mind-numbing overlap of ADA, FMLA and workers’ compensation (often referred to as the Bermuda Triangle of employment law).  Lori will be joined by a disability employment expert and a workers’ compensation attorney for an advanced discussion on developing win-win solutions for both employers and employees. The panel will explore three scenarios involving workplace related physical or mental impairments –…
Getting ready to reopen in California and need a refresher on what makes California law “special”? Have plans to open an office/location somewhere in California and want to understand what laws apply and how they differ from your other locations throughout the US? Need a helpful summary of California laws for your returning managers and supervisors?  Or to double-check that your policies and pay practices are up to date? Well, no matter the reason, we have the 2021 Doing Business in California Guide just for you. Check out this helpful guide as a starting place to understand why I often…
This week has been full of back to work buzz. Can we return to work? What about planning a team happy hour? Questions abound, yet answers require sorting through a myriad of state and county guidance documents. The guidance changes frequently, sometimes without notice or fanfare. Much depends on the County regulations in effect at the time of the event/meeting/office reopening. Indeed, Los Angeles County released new “Orange Tier” guidelines effective April 30th (yes, today!).  Because 41 of 58 counties are now designated in the Orange Tier, we will focus on those current guidelines. Here are some of our top…
Employers in the hotel, event center, airport and private club sectors and those providing services to commercial buildings must now give employees who were laid off due to the COVID-19 pandemic preferential recall rights over other applicants.  The requirements became effective last Friday, April 16, 2021, on California Governor Gavin Newsom’s signing of Senate Bill 93 into law. The Covered Employers The hotel operations subject to the new statewide requirements are those consisting of 50 or more guest rooms or suites.  The number of rooms or suites that determines coverage under the new law is the number as of December…
In the words of a mediator in a recent case, “at least you get a discount for not being an @ssh%le.” Yes, many employers actually try to, and even succeed in doing the right thing.  But doing the right thing, and proving you did the right thing are diametrically opposed concepts.  And proving you did the right thing when plaintiff’s counsel and their client pick apart every aspect of everything you did is an uphill battle.  Unfortunately for many employers it is harder than it should be, and good people running an honest business wind up being extorted $$$ to…
Beginning Monday, March 29, 2021, employers must begin providing California employees a new form of COVID-19 supplemental paid sick leave. The new version reaches small and large employers alike and mandates that employers provide COVID-19-related paid sick leave in more circumstances than last year’s supplemental paid sick leave law. Last year’s supplemental paid sick leave  expired December 31, 2020. Governor Newsom signed the new statute into law last Friday, March 19. The Highlights! Key features of the new law include: — Generally speaking, all California employers of more than 25 employees are subject to the new requirements. — Full-time employees…
Another blog about sexual harassment – why?  Because it still happens all of the time, that’s why!!  I wish it didn’t, but it does. As recent news events with a certain high profile political figure highlight, there are some things that many folks with power don’t seem to fully understand, including: A mentor does not ask a mentee about their sex life, sexual proclivities, or sexual preferences (or tell about their own). It is inappropriate for a boss to flirt with anyone reporting to them. Joking about a cigar box and mentioning President Clinton, with any subordinate, is not…