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May 2022: West Hollywood City Council Approves Amendments to Minimum Wage Ordinance

Update Applicable to:
All employers in the city of West Hollywood, California

What happened??
On November 23, 2021, we notified you that the city council of West Hollywood passed Ordinance No. 21-1168 that implements an increase in the minimum wage and new leave requirements for employees in the city that went into effect on January 1, 2022 for hotel employers and on July 1, 2022 for all other employers. This is an update to that communication.

What are the details?
On May 16, 2022, West Hollywood’s city council approved amendments to Ordinance No. 21-1168.

The following amendments were implemented:

  • Previously, the calculation of the number of employees for purposes of coverage of the Ordinance was based on the calculation of employees from 2019. In the amendment, the number shall be determined by the number of employees employed per quarter during the most recent calendar year. For new employers, an initial determination of size shall be based upon the actual number of hires at the time of opening.
  • In the original Ordinance, employers were required to provide a cash payment once every 30 days for accrued compensated time over the maximum accrual. The amendment eliminates the cash payout requirement.
  • In the original Ordinance, employers could only seek one-year waivers for the minimum wage requirements of the Ordinance. The amendment extends the one-year waiver for financial hardship to comply with the paid leave portions of the Ordinance.

The city also published administrative regulations to assist in the implementation of the ordinance. The regulations provide guidance in areas such as:

  • Calculation of number of employees
  • Methods for distribution of compensated and uncompensated leave
  • Guidance for application of waivers for certain employers
  • Required notices

For more information, please see the links below:

Ordinance No. 21-1168

Administrative Regulations

Article

What do employers need to do?
Employers should review the links provided above and make adjustments to their minimum wage and leave policies to be in compliance with the law before it goes into effect.

May 2022: Employee Time Off for Voting

As May 9, 2022 approaches for voting, employees may request that their normal work hours be altered or reduced so that they can alleviate the commute to the polls during the regular workday. To help prepare you for these requests, we want to provide you with the following information on the California voting leave law. State law (California Elections Code section 14001) requires employers to post a notice to their employees advising them of provisions for taking paid leave for the purpose of voting in statewide elections.

Here is a link to a website from the California Secretary of State containing the required notice(s) in 10 different languages. This notice(s) must be posted conspicuously at the place of work, if practicable, or elsewhere where it can be seen as employees come and go to their place of work, not less than 10 days before Election Day on Monday, May 9, 2022.

Requirements and Rights:

  • Employees are eligible for paid time off for the purpose of voting only if they do not have sufficient time outside of working hours to vote. The intent of the law is to provide an opportunity to vote for workers who would not be able to do so because of their jobs.
  • Polls are open from 7:00 a.m. to 8:00 p.m. each Election Day.
  • Employees can be given as much time as they need in order to vote, but only a maximum of two hours is paid.
  • You may require employees to give advance notice if they need additional time off for voting.
  • You may require time off to be taken only at the beginning or end of the employee’s shift.

Some employees may plan not only to vote on Election Day, but also to volunteer as election judges, precinct officials, and the like. Election workers are required to give you advance notice of their absence. Moreover, you are not required to pay employees for the day off of work for these activities, though you cannot discipline or penalize those employees for missing work on Election Day because of their service as election workers. They may use any accrued, unused paid time off or vacation time for paid leave compensation.

Time Off to Vote Notices

April 2022: Third COVID-19 Emergency Rule Containing New Changes to Go into Effect Soon

Update Applicable to:
All employers in the state of California.

What happened?
On April 21, 2022, California’s Division of Occupational Safety and Health (Cal/OSHA or the Division) Standards Board met and formally approved the third re-adoption of its COVID-19 Emergency Temporary Standard (ETS), along with several changes to the ETS.

What are the details?
Effective May 6, 2022, the California ETS will go into effect for the third time and will expire on December 31, 2022.

Although the new ETS contains multiple significant changes, the obligation to pay “exclusion pay” to employees who have been excluded from the workplace as a COVID-19 case or a close contact has not changed.

Key Definitional Changes Will Lead to Changed Practices
Some of the key definitions of terms used throughout the ETS have been altered in such a way employers may need to change some of their practices.

  1. COVID-19 Test: The definition of “COVID-19 test” has been amended to provide that, to meet the return-to-work criteria, a test may be both self-administered and self-read only if another means of independent verification of the results can be provided (such as a time-stamped photograph of the results).
  2. Face Coverings: The definition of “face coverings” has been amended to remove the requirement that light does not pass through the mask when it is held up to a light source.
  3. Fully Vaccinated: The definition of “fully vaccinated” has been removed. This is largely in response to the fact that the face-covering provisions of the ETS no longer make a distinction between fully vaccinated employees and unvaccinated employees. However, employers should keep in mind that vaccination status may still be relevant for other purposes, including under local public health orders.
  4. Returned Case: The new language contains a new defined term of “returned case” to largely describe employees who previously had COVID-19 and now have natural immunity. “Returned case” is defined to mean a COVID-19 case who returned to work and did not develop any COVID-19 symptoms after returning. A person shall only be considered a “returned case” for 90 days after the initial onset of symptoms or the first positive test (if no symptoms developed). If a period of longer than 90 days is recovered by the California Department of Public Health (CDPH), that period shall apply.

More Testing of Symptomatic Employees
Under the current ETS, employers only need to make testing available to those employees with COVID-19 symptoms who are not fully vaccinated. The new language eliminates this limitation, meaning that employers will have to offer testing to all employees with COVID-19 symptoms regardless of vaccination status.

Respirators Must Be Offered to All Workers
The current ETS requires employers to provide respirators for voluntary use to all unvaccinated employees upon request. The new language eliminates the linkage to unvaccinated employees. Therefore, employers will be required to provide respirators upon request to all employees, regardless of vaccination status.

Face Coverings No Longer Mandatory for Unvaccinated Workers
The new language conforms the ETS to recent developments regarding face coverings. After CDPH changed its face-covering guidance to no longer require masks indoors regardless of vaccination status, Governor Newsom issued an Executive Order striking the ETS language that required employers to provide and ensure face coverings were worn by unvaccinated employees. The new amended ETS language reflects these changes.

Employers should keep in mind that other face-covering provisions of the ETS remain in effect. This includes language that allows employees to voluntarily wear face coverings unless it would create a safety hazard.

The new language also removes the requirement that employees who are exempted from any applicable face-covering requirement (such as returning to work following a COVID-19 case or close contact) maintain six feet of social distance from others or be tested weekly. Now the language will merely require such employees to be tested at least once a week.

Cleaning and Disinfection Rules Eliminated
The current ETS requires employers to implement specified cleaning and disinfection procedures, including regularly cleaning frequently touched surfaces and objects. The new language eliminates these requirements in its entirety.

Exclusion and Return-to-Work Criteria Streamlined
The new language generally eliminates any specific language in the ETS regarding “close contacts” and instead cross-references CDPH guidance, simply requiring employers to review current guidance and develop policies to prevent transmission by close contacts. It also removes specific return-to-work criteria for close contacts, meaning employers will simply follow the current CDPH and/or local quarantine guidance.

The new changes remove the current language in the ETS and instead provide the following (which generally conform to current CDPH guidance):

  1. COVID-19 cases, regardless of vaccination status or previous infection, who do not develop symptoms or whose symptoms are resolving, shall not return to work until (1) at least five days have passed, (2) at least 24 hours have passed without fever, and (3) a negative test is obtained on the fifth day or later (10 days if the employee is unable or chooses not to test).
  2. COVID-19 cases, regardless of vaccination status of previous infection, whose symptoms are not resolving may not return to work until (1) at least 24 hours have passed without fever and (2) symptoms are resolving, or 10 days have passed since symptoms began.
  3. Regardless of vaccination status, previous infection, or lack of symptoms, a COVID-19 case shall wear a face-covering in the workplace until 10 days have passed since symptoms began or the date of their first positive test.

New Obligations If COVID-19 Outbreaks Occur
The new changes to the ETS section on multiple COVID-19 infections and outbreaks generally make conforming changes to reflect the amendments to the ETS described above. However, the new language also makes the following changes:

  1. During an outbreak, employees who had close contact shall have a negative COVID-19 test taken within three and five days after the close contact or shall be excluded and follow the return-to-work criteria of the ETS.
  2. During an outbreak, an employer shall evaluate whether to implement social distancing. Where six feet of social distancing is not feasible, the employer shall evaluate implementing as much distance as possible between persons (as opposed to the current language which requires consideration of the use of cleanable solid partitions).

Testing Required After Major Outbreaks
The changes to the ETS “major outbreak” requirement generally conform to the changes noted above.

There is also one notable change, however. Under the current ETS language, an employer must make COVID-19 testing available to all employees in the exposed group at least twice a week during a major outbreak. The new language clarifies that employers are required to do so in such situations. Employees in the exposed group shall now be tested or shall be excluded and follow the return-to-work requirements of the ETS.

Employer-Provided Housing and Transportation Obligations Eliminated
The new language eliminates the requirement of employers to ensure that employer-provided housing is cleaned and disinfected to prevent the spread of COVID-19. The language also eliminates an exemption for exclusion requirements following close contact for employees that previously had COVID-19 in the prior 90 days.

Similarly, the new language eliminates cleaning and disinfection requirements and, in lieu of face-covering requirements, requires employers to review CDPH and local health department recommendations and implement face-covering policies that effectively eliminate or minimize transmission in vehicles.

Testing After Exposure Slightly Changed
Under the current ETS, an employer is generally required to make testing available to all employees who had close contact with a COVID-19 case in the workplace with an exception for employees that previously had COVID-19 within the last 90 days. The new language replaces this exception language with the new term “returned cases” as described above. 

Other ETS Requirements Remain in Effect
Employers should keep in mind that, other than the changes discussed above, the rest of the ETS will remain in effect as well. This includes notification requirements following a COVID-19 case in the workplace and the obligation to maintain a written COVID-19 Prevention Program.

For more information, please see the links below:

Executive Order N-5-22

Guidance for Local Health Jurisdictions on Isolation and Quarantine of the General Public

Article 1Article 2

What do employers need to do?
Employers should carefully review the links provided above, as well as these changes to make necessary operational changes to their written COVID-19 Prevention Program and other pandemic workplace policies to comply with the ETS by May 6, 2022.

April 2022: Los Angeles City Raises Minimum Wage

Los Angeles City Raises Minimum Wage

Update Applicable to:
All employers in Los Angeles City, California.

What happened?
In accordance with Section 187.02(d) of the Los Angeles Municipal Code (LAMC), the Office of Wage Standards raised the minimum wage to $16.04.

What are the details?

Effective July 1, 2022, the minimum wage rate will increase by $1.04 to a new minimum wage rate of $16.04 per hour. This increase is applicable to employees covered by the Minimum Wage Ordinance, specifically those who perform at least two hours of work within the boundaries of the city for an employer and qualify as an employee entitled to payment of minimum wage from any employer under the California minimum wage law.

Covered employers are required to post a notice, which includes the current minimum wage rate, in a conspicuous place at any workplace or job site where an employee works pursuant to LAMC Section 188.03, the “Minimum Wage and Paid Sick Leave Poster” containing the required information available in 13 languages on the Wages LA website.

For more information, please see the links below:

2022 Minimum Wage Ordinance

Wages LA Website

Los Angeles Municipal Codes

What do employers need to do?
Employers should review the links provided above, make adjustments to their payroll policies, and download and post the required minimum wage notice in a conspicuous location.

April 2022: San Francisco Amends Family Friendly Workplace Ordinance

Update Applicable to:
All employers with 20 or more employees working in or telecommuting out of the city of San Francisco

What happened?
On March 14, 2022, the City of San Francisco passed amendments to its existing Family Friendly Workplace Ordinance (FFWO).

What are the details?
Beginning July 12, 2022, the amendments to the ordinance will go into effect and apply to employers with 20 or more employees, regardless of location.

Employees of covered employers are eligible if they are:

  1. Employed in San Francisco, including those employees who telework from outside of San Francisco
  2. Have been employed for six months or more by their current employer
  3. Work at least eight hours per week on a regular basis

The new amendments will primarily expand the FFWO by:

  • Requiring employers to provide predictable or flexible working arrangements except where it would create an undue hardship
  • Requiring employers to engage in a good-faith interactive process to find predictable or flexible arrangements
  • Including teleworking employees
  • Expanding protected caregiving activities to include elderly family members other than parents
  • Expanding penalty mechanisms for enforcement

Under the amendments, a covered employee will be allowed flexible or predictable work arrangements to care for any family member age 65 or older, rather than specifically a parent.

The amendments also increase some of the San Francisco’s Office of Labor Standards Enforcement’s ability to enforce the ordinance.

For more information, please see the links below:

Amendment to FFWO

Article 1Article 2

What do employers need to do?
Employers should review the links provided above and make adjustments to their FFWO policy with their employment counsel.

April 2022: Los Angeles County Raises Minimum Wage

Update Applicable to:
All employers in Los Angeles County, California.

What happened?
On March 7, 2022, the County’s Chief Executive Office (CEO) announced that the minimum wage for workers in unincorporated areas in Los Angeles County will be $15.96 per hour beginning July 1, 2022.

What are the details?
The new 6.4% rate increase was determined by the County’s Chief Executive Office based on the Bureau of Labor Statistics’ Consumer Price Index. This is the first increase calculated by the CEO following the automatic scheduled increases established upon the passage of the Minimum Wage Ordinance in 2016.

Under the County’s Minimum Wage Ordinance, employers and workers have complied with the annual increases to make the region a competitive ecosystem that supports fair work, pay, and prosperity. Some important aspects of the wage ordinance:

  • This ordinance applies to employees who perform at least two hours of work in a week within unincorporated areas of Los Angeles County
  • Employers are required to post an updated bulletin of the new wage rate in a conspicuous place in addition to the original legally required workplace posting
  • Employer retaliation is illegal
  • Employees are afforded the protections of the County’s Minimum Wage Ordinance regardless of their immigration or work status

The new 2022 poster must be displayed in a conspicuous and accessible place at job sites, in English, Spanish, and the primary language used by the employer to communicate with employees regarding employees’ work functions, if other than English or Spanish. You can find the required posters on the County website here.

For more information, please see the links below:


Los Angeles County Website

Los Angeles County Article

GovDocs Video

What do employers need to do?
Employers should review the links provided above, make adjustments to their payroll policies, and download and post the required minimum wage notice in a conspicuous location.

March 2022: Los Angeles County and City Ease Indoor Mask Mandates

Update Applicable to:
All employers in both the city and county of Los Angeles, California

What happened?
On February 23, 2022, the Los Angeles County Department of Public Health (LACDPH) issued an order slightly loosening the rules for wearing COVID-19 masks in the county and on February 24, 2022, Los Angeles Mayor Garcetti issued the interim “Public Order under City of Los Angeles Emergency Authority” that mirrored the new Los Angeles County order.

What are the details?
Effective February 25, 2022, everyone who is two years of age or older, regardless of vaccination status, must wear a mask in the following settings:

  • on all public transit and transit hubs;
  • at all healthcare settings;
  • in correctional facilities;
  • in shelters and cooling centers; and
  • indoors at youth-serving facilities, such as schools, childcare centers, and day camps (except for individuals with certain medical conditions or disabilities and people instructed by their medical providers not to wear masks).

In addition, the orders include specific masking rules for sectors in which a higher risk of infection requires additional risk reduction measures. These sectors include the following:

  • Day camps
  • Schools (K-12) and school districts
  • Mega events (outdoor (10,000 or more attendees) and indoor (1,000 or more attendees))
  • Organized youth sports activities
  • Bars, breweries, wineries, and distilleries
  • Nightclubs and lounges
  • Restaurants

Businesses and establishments in the county and city of Los Angeles that wish to allow customers, visitors, and/or workers to unmask have two options available:

  1. To allow both fully vaccinated customers/visitors and fully vaccinated onsite workers to unmask while indoors if they verify proof of full vaccination or a recent negative test for everyone five years of age or older and all onsite workers prior to entering.
  2. To allow fully vaccinated customers and visitors to unmask while indoors, while all onsite workers, including contractors, remain masked, the entities must verify proof of either full vaccination or a recent negative test for all customers and visitors five years of age or older.  All onsite workers must remain masked while indoors under this option.

Employers utilizing option 2 above must offer, at no cost to employees, a well-fitting respirator (N95/KN95/KF94).  Employers must follow all regulations regarding providing masks to employees, including all requirements under the Cal/OSHA ETS.

Whether or not a business opts for one of the options above, individuals do not need to meet the vaccination/negative viral test verification requirements to enter the indoor portion of the facility as long as they wear a well-fitted mask for the following purposes:

  • as part of their employment to make a delivery or pick-up, provide a service or repair to the facility, or for an emergency or regulatory purpose;
  • to get to the outdoor portion of the facility;
  • to use an indoor restroom; or
  • to order, pick up, or pay for food or drink “to go.”

The county and city expect to revise their COVID-19 masking rules once the county falls to a moderate rate of COVID-19 transmission. Health officials anticipate that the county will reach a moderate transmission rate within the next few weeks.

For more information, please see the links below:

LACLDPH Order

LACLDPH Order FAQs

City of Los Angeles Public Order

Article 1Article 2

What do employers need to do?
Employers should review the links provided above and adjust their mask policies to stay in compliance with the new law.

March 2022: California Governor and Department of Public Health Reduce Masking Requirements for Both Individuals and Employees

Update Applicable to:
All employers in the state of California

What happened?
On February 28, 2022, The California Department of Public Health (CDPH) published an updated guidance loosening mask requirements for unvaccinated individuals and Governor Newsom issued a press release and Executive Order N-5-22 overriding Cal/OSHA’s COVID-19 Emergency Temporary Standards (ETS), suspending the agency’s workplace requirement that unvaccinated workers wear masks in most indoor settings.

What are the details?
CDPH Updated Guidance

Effective March 1, 2022, unvaccinated individuals are no longer required to wear masks in indoor public settings, but it is highly encouraged regardless of vaccination status. Universal masking, however, will remain required in specified high-risk settings.

Subject to certain exemptions, the CDPH’s masking requirement for all, regardless of vaccination status, continues in the following settings:

  • Indoors in K-12 schools
  • On public transit (i.e., airplanes, ships, ferries, trains, subways, buses, taxis, and ride-shares) and in transportation hubs (i.e., airport, bus terminal, marina, train station, seaport or other port, subway station, or any other area that provides transportation)
  • Emergency shelters and cooling and heating centers
  • Healthcare settings (applies to all healthcare settings, including those that are not covered by the State Health Officer Order issued on July 26, 2021)
  • State and local correctional facilities and detention centers
  • Homeless shelters
  • Long-term care settings and adult and senior care facilities

After March 11, 2022, the universal masking requirement for K-12 schools and childcare settings will end. The CDPH, however, continues to strongly recommend that individuals in these settings continue to mask in indoor settings when the universal masking requirement lifts.

Executive Order N-5-22

Effective immediately, Executive Order N-5-22 suspends the Cal/OSHA ETS requirement that unvaccinated employees wear masks while indoors or in vehicles. However, other sections of the Cal/OSHA ETS that require face coverings in certain scenarios have not been suspended. For the time being, face coverings are still required in the workplace as follows:

  • If the employer has onsite indoor health screening, the employees being screened and the screeners need to wear face coverings, regardless of vaccination status.
  • In the event of an “outbreak” or a “major outbreak,” employees in the exposed group must wear face coverings when indoors, regardless of vaccination status.
  • For employees who have had a COVID-19 exposure and are either exempt from quarantine or ending their quarantine after day five, and for employees who have tested positive for COVID-19 and are returning to work after day five. Details available here.

In addition, Governor Newsom’s Executive Order extended the 90-day effective period of the operative ETS by 21 days to May 6, 2022.


Employers must still provide face covering upon the request of an employee.

For more information, please see the links below:

Executive Order N-5-22

Governor Newsom Press Release

CDPH Updated Guidance

Cal/OSHA Fact Sheet (January 19, 2022)

Office of Governor Gavin Newsom Article

Article 1Article 2

What do employers need to do?
Employers should review the links above, be on the lookout for new changes to the ETS, refer to local health departments for guidance in case of local mandates, and do their best to appropriately protect the health of their employees and guests.

In settings where masks are strongly recommended, the CDPH suggests that businesses, venue operators, or hosts should consider:

  • Providing information to all patrons, guests, and attendees regarding masking recommendations for all persons, regardless of vaccine status.
  • Providing information to all patrons, guests, and attendees to consider better fit and filtration for masks (surgical masks or higher-level respirators (e.g., N95s, KN95s, KF94s) with good fit are recommended over cloth masks).
  • Requiring all patrons to wear masks, especially when risk in the community may be high, or if those being served are at high risk for severe disease or illness.
  • Requiring attendees who do not provide proof of vaccination to enter indoor Mega Events to continue masking during the event, especially when not actively eating or drinking. 

March 2022: San Francisco Issues Updated Guidance on Paid Sick Leave

Update Applicable to:
All employers in the city of San Francisco, California

What happened?
On February 2, 2022, the San Francisco Office of Labor Standards Enforcement (OLSE) issued new guidance pertaining to the use of Paid Sick Leave. This new guidance supersedes OLSE’s guidance from March 24, 2020.

What are the details?
The OLSE has temporarily amended Paid Sick Leave Ordinance (PSLO) Rule 2.3.  Previously, the OLSE stated that during the pandemic, employer policies that required employees to provide verification of paid sick leave for time off of three days or less (a doctor’s note) would be “presumptively unreasonable.”

Effective immediately, the number of sick days an employee can take before an employee may be required to provide documentation has increased from three to five consecutive scheduled workdays.  This means that a policy or practice that requires an employee to provide documentation, such as a doctor’s note, for paid sick leave lasting five or fewer consecutive workdays will be deemed “presumptively unreasonable.” Employers can still, however, require documentation of the use of paid sick leave for more than five full or partial consecutive workdays, provided that when an employee uses paid sick leave for COVID-19–related reasons and is not under a doctor’s care, the employer must accept the employee’s attestation of their need for paid sick leave pursuant to current CDC guidelines.  Rule 2.4 (dealing with situations of a pattern or clear instance of abuse by an employee) remains in effect.

The amendments to Rule 2.3 will remain in effect for the duration of the local health emergency unless the OLSE revokes them sooner.

Employee Use of Paid Sick Leave
Under the new guidance, the different circumstances where employers covered by the PLSO must allow covered employees to use accrued sick leave have slightly changed.

An employee can no longer take time off work because they fall within the definition of a “vulnerable population.” Instead, an employee can now use paid sick leave to get their COVID-19 vaccine or to deal with the side effects of a COVID-19 vaccine. Further, an employee can now use paid sick leave to provide care for a family member who is experiencing vaccination side effects or to attend a COVID-19 vaccine appointment.

As of February 2, 2022, the situations where employees can use accrued paid sick leave if they need to take time off work are as follows:

  • Public health officials or healthcare providers require or recommend an employee isolate or quarantine;
  • The employee takes time off work for a COVID-19 vaccination or because the employee is dealing with COVID-19 vaccination side effects;
  • The employee’s business or work location temporarily halts operations in response to a public health or other public official’s recommendation – subject to the “Eligibility for Paid Sick Leave” guidelines in the February 2, 2022 guidance;
  • The employee needs to provide care for a family member to attend a COVID-19 vaccination appointment, who is experiencing vaccination side effects, or who is not sick but who public health officials or healthcare providers have required or recommended isolate or quarantine;
  • The employee needs to provide care for a family member whose school, childcare provider, senior care provider, or work temporarily ceases operations in response to a public health or other public official’s recommendation.

For more information, please see the links below:

San Francisco OLSE Guidance

Article

What do employers need to do?
Employers should review the links above that were provided by the law firm, Weintraub Tobin, and adjust their paid sick leave policies to stay in compliance with the amended law.

February 2022: California Department of Industrial Labor Released a Notice for the Supplemental Paid Sick Leave and FAQs

Update Applicable to:
All employers with more than 25 employees in the state of California

What happened?
This is an update to our previous communication sent out on February 14, 2022.

What are the details?
The Department of Industrial Relations (DIR) has published the model notice for the recently revived COVID-19 Supplemental Paid Sick Leave (SPSL). 

These model notices and other related COVID-19 materials are also available on the DIR’s website.

The model notices must be posted in a “conspicuous place” in the workplace and should generally be posted in the same location at which other required workplace notices are posted. Covered employers may also provide the notice electronically or by mail to remote workers. The notices should be posted as soon as possible, and definitely not later than the effective date of the law on February 19, 2022.

The Labor Commission also issued the SPSL FAQs which can be found here.

For more information, please see the links below:

COVID-19 SPSL Model Notice (English)COVID-19 SPSL Model Notice (Spanish)

COVID-19 Supplemental Paid Sick Leave FAQs

Department of Industrial Relations Article

California Department of Industrial Relations Website

Article

What do employers need to do?
Employers should review the links and FAQs provided above and post the appropriate notice in a conspicuous place and provide it to their remote employees electronically or by mail.

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