12 Jun

May 2020 California HR Legal Updates

Posted at

4:18pm

in

Long Beach Supplemental Paid Sick Leave

What happened?
Effective May 19, 2020, certain employers in Long Beach must provide paid sick leave to staff who are off due to COVID-19.

What are the details?
If the following requirements are met, sick leave must be provided: 

  1. Employer has more than 500 employees nationwide; and
  2. Work is performed within the geographic boundaries of the City of Long Beach.

 An employer may claim exemption from this requirement if:

  1. The employer is a healthcare provider or emergency responder;
  2. A minimum of 160 hours of paid leave annually is already provided to employees; and
  3. A collective bargaining agreement may supersede this ordinance if it contains a COVID-19- related sick leave provision.

An employee may use supplemental paid sick leave hours for the following reasons:

  1. The employee is subject to quarantine or isolation by federal, state, or local order due to COVID- 19 or is caring for someone who is isolated due to COVID-19;
  2. The employee is advised by a health care provider to self-quarantine due to COVID-19 or is caring for someone who is so advised by a health care provider;
  3. The employee is experiencing symptoms of COVID-19 and is seeking medical diagnosis; or
  4. The employee is caring for a minor child because the child’s school, daycare, or childcare provider is closed or unavailable because of COVID-19 and the employee is unable to secure a reasonable alternative caregiver.

What do employers need to do?
Review their paid time off policies and ensure they comply with the requirements of the ordinance. The following changes should be implemented immediately:

  1. Full-time employees are entitled to 80 hours of paid supplement sick leave;
  2. Part-time employees are entitled to hours equal to average hours worked in a two-week period the six months prior to May 19, 2020; and
  3. Pay employees their regular rate of pay (up to $511 daily, $5,110 total cap) if ill. If caring for another person, employer may choose to pay at the rate of their two-thirds regular rate (up to $200 daily, $2,000 total cap).

The ordinance does not have an expiration date and will be reviewed by the council and mayor every 90 days.

Resources
https://hrwatchdog.calchamber.com/2020/05/long-beach-covid19-supplemental-sick-leave/

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Los Angeles Right of Recall

What happened?
Effective June 14, 2020, the L.A. Mayor signed two new ordinances, “The Right of Recall Ordinance” and the “Worker Retention Ordinance.”

What are the details?
Both ordinances apply to airports, commercial properties, event centers, and hotel employers. Right of Recall

Covered employers must offer eligible laid off workers any open positions available after June 14, 2020 if:

  • The employee held the same/similar position at the same site of employment at the time of the laid-off worker’s most recent separation from active service; or
  • Are or can be qualified with the same training that would be provided to a new worker in the position.

All offers need to be sent to the employee’s mailing address, email, and text message. If more than one worker is eligible, the one with greatest length of service should be offered the position first. If neither worker held the same/similar position, the worker with the greater length of service at the employment site should be offered the position first. 

Employees must be provided at least five business days to provide a response to the offer. Worker Retention Ordinance

If an incumbent business sells its business or changes ownership in the wake of the COVID-19 pandemic, the incumbent business must:

  • Provide a list of every worker, along with address, date of hire, and occupation classification within 15 days to the successor business;
  • Workers must be employed at the business after March 4, 2020 and been employed for at least six months;
  • Successor business must maintain preferential list of workers and are required to hire from that list for at least six months after the business is open to the public post transfer;
  • Hiring of employees must be done based on seniority; and
  • The successor business must perform written performance evaluations for all workers within 90 days of opening the business after the transfer.

What do employers need to do?
Comply with the above and click on the reference below for more details.

 Resources
https://www.cozen.com/news-resources/publications/2020/los-angeles-mayor-signs-two-ordinances- regulating-employer-rehire-processes

 

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Cal/OSHA

What happened?
Cal/OSHA issued guidelines for protecting workers from COVID-19 and deadlines were extended for certain reporting requirements.

What are the details?
Interim Guidelines for Protecting Employees from COVID-19

Details interim guidelines can be found by clicking on this link, which will direct you to the Cal/OSHA website. Review this site for specific guidelines for various industries.

Deadline Extensions
If any of the following events occur between May 7, 2020 and July 6, 2020, the deadline for enforcement will be extended an additional 60 days:

  • Cal/OSHA issuance of a citation or notice of civil penalty; or
  • Employer’s right to appeal or contest citations, special order or action by Division.

What do employers need to do?
Comply with the above changes in timelines. In addition, employers with offices should review these Industry Guidelines for Office Workspaces.

 Resources
https://hrwatchdog.calchamber.com/2020/05/cal-osha-expands-employer-injury-illness-prevention- program-requirements/; https://www.laboremploymentlawblog.com/2020/05/articles/coronavirus/iipp-general-industry- guidance/; https://covid19.ca.gov/pdf/guidance-office-workspaces.pdf; https://www.littler.com/publication-press/publication/california-executive-order-extends-certain- calosha-deadlines-issuing

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Haircuts

What happened?
Cal/OSHA released guidelines for reopening salons and barbershops.

What are the details?
Effective May 26, 2020, barbershops and salons in California may re-open, if they meet certain requirements, including:

  • Workers and customers both wear face masks;
  • How employer will conduct job hazard assessment, train employees, and respond to positive cases;
  • Establish individual control measures and screening;
  • Create and comply with cleaning and disinfecting procedures; and
  • Comply with physical distancing requirements among workers and customers as much as possible.

What do employers need to do?
Review Cal/OSHA regulations and comply with procedures as required.

Resources
https://www.littler.com/publication-press/publication/no-more-home-haircuts-calosha-updates- reopening-requirements

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