Cal/OSHA Proposes Sweeping Changes to Its COVID-19 Prevention Emergency Temporary Standards

On November 30, 2020, California’s Division of Occupational Safety and Health, more commonly known as Cal/OSHA, adopted COVID-19 Prevention Emergency Temporary Standards (ETS) for California. Among other topics, the ETS required that employers develop a written COVID-19 Prevention Program and provided guidance on how employers should address COVID-19 cases and outbreaks in the workplace. Since Cal/OSHA issued its ETS, the California workplace landscape has changed dramatically, with large-scale vaccinations for all ages and employees returning to work across the state.

California Court Affirms PAGA Claims Based on Cal/OSHA Violations: Are Further PAGA-Cal/OSHA Actions to Come?

In Sargent v. Board of Trustees of the California State University, the California Court of Appeal highlighted an important distinction between Private Attorneys General Act (PAGA) claims asserted against a public entity employer based on statutes that themselves provide for civil penalties and PAGA claims that are based on PAGA’s default civil penalties provisions under California Labor Code § 2699(f).

California’s SB 93: Governor Signs COVID-19 ‘Rehiring and Retention’ Law

On April 16, 2021, California Governor Gavin Newsom signed Senate Bill (SB) 93 into law. This new statute creates California Labor Code Section 2810.8 and requires that employers in certain industries make written job offers to employees whom they laid off because of COVID-19. Employees have five business days to respond and, if more than

California DFEH Announces Pregnancy and Bonding Leave App

On March 24, 2021, the California Department of Fair Employment and Housing (DFEH) announced a new interactive tool for obtaining tailored guidance on job-protected leave for pregnancy-related disability or to bond with a new child. The aptly-named “New-Parents Rights Advisor” is free and accessible online and intended to help employees and employers understand their rights and obligations pursuant to California law.

San Diego Extends COVID-19 Hotel and Janitorial Worker Recall and Retention Ordinance Until March 2022

On March 2, 2021, the City Council of San Diego, California, extended the “COVID-19 Worker Recall and Retention Ordinance” (O-21231/O-2021-20). The ordinance provides certain rights and preferences to hotel and janitorial workers affected by the COVID-19 pandemic. The ordinance originally took effect on September 8, 2020, and was set to expire on March 8, 2021. However, given the extraordinary loss of jobs in San Diego in the building services, leisure, and hospitality industries, the city council opted to extend the ordinance’s sunset provision until March 8, 2022, by way of an emergency ordinance (O-21296/O-2021-97).

Costa Mesa, California, Enacts Premium Pay Ordinance for Retail Grocery and Pharmacy Workers

On March 16, 2021, the City Council of Costa Mesa, California, passed an urgency ordinance establishing premium pay for retail grocery and pharmacy workers during the COVID-19 pandemic. Costa Mesa is a large city in Orange County located southeast of Los Angeles. The ordinance requires that large retail establishments that sell groceries or prescription and nonprescription drugs in Costa Mesa provide their workers with premium pay of $4.00 for each hour worked. The ordinance took effect immediately and will expire 120 days from its effective date.

California Governor Signs New 80-Hour COVID-19 Supplemental Paid Sick Leave Law

Beginning March 29, 2021, California employers with more than 25 employees nationally will have to pay their California employees with up to 80 hours of COVID-19–related paid leave. On March 19, 2021, Governor Gavin Newsom signed Senate Bill (SB) 95, which creates new California Labor Code Sections 248.2 and Section 248.3.

California Legislature Sends New COVID-19 Supplemental Paid Sick Leave Bill to Governor for Signature

Within days, California employers may have to provide employees with even more COVID-19–related paid leave. On March 18, 2021, the California Legislature passed Senate Bill 95, which creates new Labor Code Section 248.2 and Labor Code Section 248.3. These new Labor Code sections provide covered employees and in-home supportive service providers with up to 80 new hours of COVID-19 supplemental paid sick leave. As explained below, the bill is far more expansive than the California COVID-19 supplemental paid sick leave statute that expired on December 31, 2020. The new legislation covers more employers and requires paid sick leave for many more reasons.   If Governor Newsom signs SB 95, the law will take effect 10 days later and expire on September 30, 2021, unless extended.

California’s AB 1175: Advance Notice of Cal/OSHA Inspection of Worksites?

During the global COVID-19 pandemic, California Division of Occupational Safety and Health (Cal/OSHA) inspections have required greater coordination of personal protective equipment (PPE), remote witness interviews, social distancing at facilities, and visitor screenings. Wouldn’t it be more efficient if Cal/OSHA could call and arrange a worksite visit and witness interviews in a coordinated manner—saving money and resources while managing safe entry into a facility?

San Mateo, California Enacts ‘Hazard Pay’ Ordinance for Large Grocery and Drug Stores

On March 1, 2021, the City Council of San Mateo, California, adopted “An Emergency Ordinance Requiring Large Grocery Stores and Large Drugstores to Provide Hazard Pay to their Employees” to ease the burdens caused by the COVID-19 pandemic. San Mateo is an incorporated city located in the San Francisco Bay Area.

San Francisco Judge Denies Injunctive Relief Allowing Cal/OSHA COVID-19 Emergency Temporary Standards to Remain in Place

On February 25, 2021, San Francisco Superior Court Judge Ethan Schulman denied applications for preliminary injunctions in their entirety requested by two plaintiffs, thus leaving in place the California Division of Occupational Safety and Health’s (Cal/OSHA) COVID-19 Emergency Temporary Standards (ETS). The ETS took effect on November 30, 2020.

Long Beach ‘Hero Pay’ Ordinance Survives Preliminary Injunction

On February 25, 2021, the U.S. District Court for the Central District of California denied a motion for preliminary injunction brought by the California Grocers Association (CGA) against the City of Long Beach. In California Grocers Association v. City of Long Beach, CGA asked the court to stop the city from enforcing its Premium Pay for Grocery Workers Ordinance, one of the many “hero pay” or “hazard pay” ordinances enacted by California localities in the past several weeks.

California Supreme Court Issues Significant Meal Period Decision

Taking a meal break in California is no simple affair.  Culminating seven years of litigation involving one California employer, on February 25, 2021, the Supreme Court of California issued its unanimous opinion in Donohue v. AMN Services, LLC, resolving two questions regarding California meal periods. The court’s opinion also raised, but did not resolve, questions regarding meal period compliance that will likely challenge employers and litigants for years.

California Employers Can Seek One-Month Extension for Reporting 2020 Pay Data, State Agency Says

On February 3, 2021, the California Department of Fair Employment and Housing (DFEH) updated its frequently asked questions (FAQs) to make clear that employers can seek an extension for reporting year 2020—known as a request for an “enforcement deferral period”—as to its newly enacted pay data reporting requirement that reports are otherwise due on March 31, 2021.

San Leandro, California Enacts ‘Hazard Pay’ Ordinance for Large-Chain Retail Food Workers, Including Retail Drug Stores

On February 16, 2021, the City Council of San Leandro, California, passed an ordinance titled “Retail Food Worker Hazard Pay Ordinance,” which establishes premium pay for retail food workers during the COVID-19 pandemic. San Leandro is an incorporated city located in Alameda County in the San Francisco Bay Area.

Montebello, California, Passes Premium Pay Ordinance for Grocery and Drug Store Workers

On January 27, 2021, the City Council of Montebello, California, passed an ordinance titled “Premium Pay for Grocery and Drug Store Workers Ordinance.” Montebello is an incorporated city located in Los Angeles County, California. The ordinance requires employers to provide grocery and drug store workers with premium pay of $4.00 for each hour worked. The ordinance took effect immediately and expires in 180 days, unless otherwise extended.

Cal/OSHA COVID-19–Related Citations May Provide Leverage to Labor Unions and Their Members

A February 2021 California Division of Occupational Safety and Health (Cal/OSHA) press release trumpeted the agency’s enforcement efforts and its recently issued citations for COVID-19–related violations. Cal/OSHA continues to aggressively issue “serious” classification citations to California employers. For example, Cal/OSHA issued “serious” and “willful-serious” citations with hundreds of thousands of dollars in penalties against a sister agency, the California Department of Corrections and Rehabilitation dba San Quentin State Prison, for COVID-19–related violations.

Coachella’s New COVID-19 Premium Pay Ordinance for Agricultural, Grocery, Restaurant, and Retail Employers

On February 10, 2021, the City Council of Coachella, California, passed the “Premium Pay for Agricultural, Grocery, Restaurant, and Retail Pharmacy Workers Ordinance.” Coachella is located in Riverside County, California. Other cities in the state that have enacted similar measures in 2021 include Montebello, in Los Angeles County, and Oakland, in Alameda County.

California Department of Justice Establishes Worker Rights and Fair Labor Section

California Attorney General (AG) Xavier Becerra recently announced that he has created the Worker Rights and Fair Labor Section, which will fall under the California Department of Justice’s (DOJ) Division of Public Rights. This new section will be tasked with protecting workers against workplace issues such as wage theft, health and safety violations, and employee misclassification.