California Imposes Significant New Restrictions on Severance and Settlement Agreements

On October 7, 2021, California Governor Gavin Newsom signed Senate Bill (SB) No. 331 into law. SB 331 is known as the “Silenced No More Act.” It amends California Code of Civil Procedure Section 1001 and the California Fair Employment and Housing Act (FEHA) and imposes significant new restrictions on severance and settlement agreements.

San Francisco Bay Area and City of Berkeley Issue Mask Mandates for Even Fully-Vaccinated Individuals

On August 2, 2021, the City and County of San Francisco updated Health Officer Order No. C19-07y, entitled “Encouraging COVID-19 Vaccine Coverage and Reducing Disease Risks (Safer Return Together),” to require all individuals, including the fully vaccinated, to wear face coverings in indoor public settings, with some exceptions.

CDC Issues New Guidance on Masks and Post-Exposure Protocols for Fully-Vaccinated Individuals and Masks for In-Person K-12 Schools

As the delta variant (B.1.617.2, which is one of the genetic variants of SARS-CoV-2) fuels a substantial rise in COVID-19 cases in unvaccinated individuals, the U.S. Centers for Disease Control and Prevention (CDC) updated its guidance on masking and a number of other issues on July 27, 2021.

City of Pasadena Imposes Indoor Mask Requirement on Even Fully-Vaccinated Individuals

On July 21, 2021, the City of Pasadena health officer issued an order titled, “Order for Wearing of Face Masks in Public Settings.” As did the Los Angeles County Department of Public Health’s (LACDPH) health order of the previous week, the City of Pasadena’s health order requires all individuals “regardless of vaccination status” to wear face coverings in “all indoor public settings, venues, gatherings, and businesses.”

Los Angeles County Imposes Indoor Mask Requirement on Fully Vaccinated

On Friday, July 16, 2021, the Los Angeles County Department of Public Health (LACDPH) issued a health order requiring all individuals regardless of vaccination status to wear face coverings in “[a]ll indoor public settings, venues, gatherings, and businesses.”  The order’s list of locations in which all individuals must wear face coverings includes “offices, retail, restaurants, theaters, family entertainment centers, meetings, and state and local government offices serving the public.”

New Cal/OSHA COVID-19 Regulations Take Effect IMMEDIATELY

On June 17, 2021, at the end of yet another chaotic day in administrative rulemaking, California’s new COVID-19 Emergency Temporary Standards (ETS) finally became effective. The ETS bring substantial changes to the COVID-19 regulatory requirements with which employers have struggled since California’s Division of Occupational Safety and Health (Cal/OSHA) initial ETS took effect almost 7 months ago, on November 30, 2020.

Cal/OSHA Publishes Revised Proposed COVID-19 Emergency Temporary Standard Revisions for June 17 Standards Board Vote

On June 11, 2021, the Occupational Safety & Health Standards Board of California’s Division of Occupational Safety and Health (Cal/OSHA) published proposed revisions to the current Cal/OSHA COVID-19 Emergency Temporary Standard (ETS). On June 17, 2021, the Standards Board will meet again to vote on adopting proposed revisions. This is the third updated revision that the Standards Board has considered in the last month. Until the new ETS takes effect, employers must comply with the November 30, 2020, ETS, which remains in place.

California OSH Board Votes to Withdraw Latest Changes to the COVID-19 Emergency Temporary Standard and Vote on a New Revision on June 17, 2021

On June 9, 2021, the Occupational Safety & Health Standards Board of California’s Division of Occupational Safety and Health (Cal/OSHA) voted to withdraw the previously submitted Emergency Temporary Standard (ETS) changes and instead consider further revisions at its June 17, 2021, meeting.

Surprise Flip-Flop at Cal/OSHA Standards Board: Motion to Adopt Sweeping Changes to the COVID-19 Emergency Temporary Standard Passes

On June 3, 2021, the Occupational Safety & Health Standards Board of California’s Division of Occupational Safety and Health (Cal/OSHA) was initially unable to pass the proposed changes to the COVID-19 Emergency Temporary Standard (ETS)  after a daylong online hearing with more than 500 individuals logged on to the meeting and 5 hours of public comment. The Standards Board had previously decided to table the expected vote on Cal/OSHA’s revisions to its COVID-19 ETS at their May 20, 2021, meeting and requested an updated revision for the June 3, 2021, vote. After a break in the proceedings, the Board agreed to have another vote and passed the proposed regulation in a stunning turn of events.

EEOC Updates COVID-19 Guidance Regarding Vaccination Incentives, Reasonable Accommodation, and Other Issues

On May 28, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) updated the vaccination section (section K) of its “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws.” The update clarifies a number of vaccination issues with which employers have grappled without any official guidance to advise them.

Cal/OSHA Standards Board Reschedules Vote on COVID-19 Emergency Temporary Standard Revisions

On May 20, 2021, the Occupational Safety & Health Standards Board of California’s Division of Occupational Safety and Health (Cal/OSHA) decided to table the expected vote on Cal/OSHA’s revisions to its COVID-19 Emergency Temporary Standard (ETS). Instead, the Standards Board requested that Cal/OSHA draft a new proposed regulation for the Standard Board’s consideration during a special June 3, 2021, meeting.

Cal/OSHA Requests Standards Board to Skip Vote at May 20, 2021, Meeting

On May 19, 2021, on the eve of a vote by the Occupational Safety and Health Standards Board to adopt proposed substantial changes to the existing Cal/OSHA COVID-19 Emergency Temporary Standards (ETS), Deputy Chief of the Division of Occupational Safety and Health (commonly known as “Cal/OSHA”) Eric Berg asked that the Standards Board not vote the next day, on May 20, 2021, to adopt Cal/OSHA’s proposed ETS revisions.

Santa Clara County’s New COVID-19 Rules: Employers Must Obtain Vaccination Status, Report Positive Test Results, and Enforce Mask Use

On May 18, 2021, Santa Clara County, California, issued a health order that both relieves employers of some earlier COVID-19–related requirements and imposes new obligations on employers, particularly with respect to employees’ vaccination status. Santa Clara County also issued the “Mandatory Directive on Use of Face Coverings” and the “Mandatory Directive For Unvaccinated Personnel.”

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’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

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.

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.

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.