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.

San Francisco Board of Supervisors Extends Paid COVID-19 Leave

On February 9, 2021, the San Francisco Board of Supervisors voted to extend the time period for employees to use San Francisco Public Health Emergency Leave. The Board first enacted the Public Health Emergency Leave Ordinance (PHELO) on April 17, 2020, and has continued to extend it for subsequent periods of approximately 60 days each extension. The mayor has approved each of the prior extensions and must approve this one as well. If she does, the ordinance will expire 61 days later.

California Pay Data Reporting: New Web Page and 10 FAQs for Employers That Report to the DFEH

On September 30, 2020, California Governor Gavin Newsom signed into law a pay data reporting requirement for employers that assigns responsibility for collecting such data to the California Department of Fair Employment and Housing (DFEH). To assist employers with this filing requirement, the DFEH recently established a web page and published answers to a a series of frequently asked questions (FAQs) that address several topics related to the upcoming filings, which are due no later than March 31, 2021.

Cal/OSHA Updates Online Resources for California Employers

The California Division of Occupational Safety and Health (Cal/OSHA) recently updated its frequently asked questions (FAQs) guidance, “COVID-19 Emergency Temporary Standards Frequently Asked Questions”. The FAQs clarified some areas of the regulation and provided additional guidance for California employers, particularly construction companies. Under the Emergency Temporary Standards (ETS) adopted on November 30, 2020, California construction companies face specific standards related to transportation and workplace exposures that create unique questions and challenges.

Cal/OSHA’s ETS Under Scrutiny: California Judge Hears Oral Argument to Enjoin Enforcement

Following the implementation of the California Division of Occupational Safety and Health’s (Cal/OSHA) COVID-19 Emergency Temporary Standards (ETS) on November 30, 2020, several employers and trade associations filed a lawsuit in San Francisco Superior Court for declaratory and injunctive relief against Cal/OSHA. The lawsuit, National Retail Federation, et al. v. California Department of Industrial Relations, et al. (Case No. CGC20588367), was the first filed seeking to prevent the agency from enforcing the ETS.

COVID-19 and Construction: Cal/OSHA Emergency Temporary Standards Address Issues for Industry Employers

The California Division of Occupational Safety and Health (Cal/OSHA) recently updated its frequently asked questions (FAQs) guidance, “COVID-19 Emergency Temporary Standards Frequently Asked Questions”. The FAQs clarified some areas of the regulation and provided additional guidance for California employers, particularly construction companies. Under the Emergency Temporary Standards (ETS) adopted on November 30, 2020, California construction companies face specific standards related to transportation and workplace exposures that create unique questions and challenges.

Cal/OSHA Issues FAQs Addressing COVID-19 Testing and Outbreaks Under the Emergency Temporary Standards

On January 8, 2021, the California Division of Occupational Safety and Health (Cal/OSHA) released an updated version of its frequently asked questions (FAQs) guidance, entitled “COVID-19 Emergency Temporary Standards Frequently Asked Questions,” which includes information about COVID-19 Emergency Temporary Standards. The FAQs address a number of issues about COVID-19 testing and outbreak procedures and processes.

Ninth Circuit Upholds Federal Preemption of California’s Meal and Rest Break Laws for Interstate Commercial Drivers

In one of the year’s most anticipated court decisions for the trucking industry, International Brotherhood of Teamsters, Local 2785, et al. v. Federal Motor Carrier Safety Administration, No. 19-70413 (January 15, 2021), the U.S. Court of Appeals for the Ninth Circuit upheld a Federal Motor Carrier Safety Administration (FMCSA) ruling that federal rest break regulations preempted California’s meal and rest break rules, as applied to drivers of property-carrying commercial motor vehicles.

Cal/OSHA Clarifies COVID-19–Related Paid Time Off Requirements

On January 8, 2021, the California Division of Occupational Safety and Health (Cal/OSHA) issued an updated version of its frequently asked questions (FAQs) guidance, “COVID-19 Emergency Temporary Standards Frequently Asked Questions,” about COVID-19 Emergency Temporary Standards. The FAQs address many issues about which employers had questions, including paid time off and exclusion pay.

California Court of Appeal Analyzes ‘Salary’ Test Under Administrative Exemption

Under California law, an employee is exempt from California’s overtime requirements and other wage and hour laws if the person is employed in an administrative capacity. To meet this exemption, California’s wage orders and the California Labor Code provide that an employee must perform certain job duties and be paid a monthly salary equivalent to at least twice the state minimum wage for full-time employment. Neither the Labor Code nor the wage orders define what constitutes a “salary” or what it means for an employee to be paid on a salary basis for the purposes of the exemption. A recent California Court of Appeal decision, however, sheds some light on the issue.

San Francisco Issues Mandatory Travel Quarantine Due to ‘Rapid Increase’ in COVID-19 Cases

On December 16, 2020, the San Francisco Department of Public Health (SFDPH) issued Order of the Health Officer No. C19-17 due to a surge in COVID-19 cases that the department said could quickly “overwhelm hospitals” in the county, as well as the rest of California, unless the City took measures to try to control the virus’ spread. With some exceptions, the order requires “every person who travels to, moves to, or returns to the County [of San Francisco] after having been in any location outside of the Bay Area” to quarantine for a period of 10 days (240 hours) from a person’s time of arrival in the county.

California’s New COVID-19 Executive Order: How It Changes the Cal/OSHA Emergency Standard

Less than one month after the California Occupational Safety and Health Standards Board voted and approved an emergency COVID-19 regulation, Governor Newsom made changes to the regulation adding clarity and suspending the prescribed quarantine period of 14 days to the extent that the 14 days is longer than the quarantine period recommended by the California Department of Public Health.

Cal/OSHA Emergency Workplace COVID-19 Regulation: 10 Frequently Asked Questions

On November 19, 2020, the California Occupational Safety and Health Standards Board voted and approved an emergency COVID-19 regulation governing employers and workplaces. That regulation is scheduled for adoption and implementation on November 30, 2020. Below are answers to some frequently asked questions that employers have expressed about the new emergency regulation.

Cal/OSHA’s Emergency Standard and Its New Mandatory COVID-19 Paid Time Off Provision

On November 19, 2020, the California Occupational Safety and Health Standards Board, the standards-setting agency of the California Division of Occupational Safety and Health (Cal/OSHA), adopted an emergency standard regarding COVID-19 workplace prevention. The Standards Board submitted the new final rule to the Office of Administrative Law, which may approve the rule within as few as 10 days. This means employers may have to comply with the emergency standard as soon as Monday, November 30, 2020.