Beltway Buzz, September 18, 2020
The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C. could impact your business.
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California Implements New COVID-19 Supplemental Paid Sick Leave Requirement
On September 9, 2020, California Governor Gavin Newsom signed into law Assembly Bill (AB) 1867, which requires large employers and some health care providers to provide up to 80 hours of paid leave for COVID-19–related reasons. The new law also codifies the governor’s previously issued executive order setting forth paid sick leave and handwashing requirements for food sector workers, creates a small business family leave mediation pilot program, and addresses enforcement issues in California’s pre-COVID-19 paid sick leave law.
Families First Coronavirus Response Act: DOL Gets Back on the Rail
On September 11, 2020, the U.S. Department of Labor (DOL) partially ended the mystery of when and how it would respond to the August 3, 2020, decision from the United States District Court for the Southern District of New York in which the court—stating that the DOL had “jumped the rail”—struck down several provisions of the DOL’s final rule implementing the emergency family leave and paid sick leave provisions of the Families First Coronavirus Response Act (FFCRA).
San Mateo County Approves Supplemental Paid Sick Leave Ordinance to Assist Employees Impacted by COVID-19
On July 7, 2020, the San Mateo County Board of Supervisors adopted an emergency ordinance to establish supplemental paid sick leave for COVID-19 related reasons. The ordinance took effect on July 8, 2020, and will remain in effect through December 31, 2020. It applies only to unincorporated areas of San Mateo County, California.
San Francisco Issues Guidance on COVID-19 ‘Temporary Right to Reemployment’ Ordinance
On August 7, 2020, the San Francisco Office of Economic and Workforce Development (OEWD) published guidance regarding the City of San Francisco’s “Temporary Right to Reemployment Following Layoff Due to COVID-19 Pandemic Emergency Ordinance.” Also known as the “Back to Work” emergency ordinance, the ordinance took effect on July 3, 2020, requiring San Francisco employers with 100 or more employees to offer reemployment to eligible employees laid off because of the COVID-19 pandemic when the employers rehire for the same or similar job classifications.
San Francisco Issues Order Requiring Face Coverings in Public and in Workplaces
On July 22, 2020, Health Officer Tomás J. Aragón of the City and County of San Francisco issued Public Health Emergency Order No. C19-12c, entitled, “Order of the Health Officer of the City and County of San Francisco Generally Requiring Members of the Public and Workers to Wear Face Coverings.”
California Releases ‘COVID-19 Employer Playbook for a Safe Reopening’
On July 24, 2020, the State of California released its “COVID-19 Employer Playbook for a Safe Reopening.” According to the playbook, its purpose is to help employers “plan and prepare for reopening their business[es] and to support a safe, clean environment for workers and customers.” The Employer Playbook’s table of contents lists four major areas that the playbook addresses: (1) steps employers can take to open safely; (2) what to do if a COVID-19 case occurs in the workplace; (3) enforcement and compliance; and (4) worker education. In addition, the playbook includes three appendixes consisting of employer and worker resources, enforcement and compliance contacts, and case studies illustrating the playbook’s principles.
California Issues Employer COVID-19 Playbook Guidance for Enforcing Mask Requirements
The State of California and many California counties mandate the use of face coverings in the workplace and elsewhere. California considers the issue important enough to include a section entitled “Guidance for Employers and Workers in Enforcing Mask Requirements” in its “COVID-19 Employer Playbook for a Safe Reopening,” newly released on July 24, 2020.
Santa Clara County Announces New Health Order in Response to Accelerating COVID-19 Cases
On July 2, 2020, the health officer for the County of Santa Clara, California, issued a new health order titled “Establishing Mandatory Risk Reduction Measures Applicable to All Activities and Sectors to Address the COVID-19 Pandemic.” The order goes into effect on July 13, 2020.
San Francisco’s COVID-19 Response: Emergency Back-to-Work Ordinance Requires Reemployment of Laid-Off Workers
On June 23, 2020, the San Francisco Board of Supervisors passed the “Back to Work” emergency ordinance. The ordinance requires certain San Francisco employers to offer reemployment to covered employees who were subjected to qualifying layoffs arising from the COVID-19 pandemic.
Long Beach Unanimously Passes COVID-19 Paid Supplemental Sick Leave
On May 19, 2020, the Long Beach City Council unanimously approved a COVID-19 Paid Supplemental Sick Leave Ordinance. This ordinance, which goes into effect immediately, follows similar measures enacted by Los Angeles County, the City of Los Angeles, San Francisco, Oakland, and San Jose.
California Issues Statewide Guidance for Mandatory Cloth Face Coverings
On June 18, 2020, the California Department of Public Health issued a statewide “Guidance for the Use of Face Coverings.” Although the guidance is not an executive order and does not refer to any authorizing legal authority, Governor Gavin Newsom tweeted, “NEW: Californians are now REQUIRED to wear face coverings in public spaces” (Emphasis in the original.)
Oakland Passes Emergency Paid Sick Leave Ordinance
On May 12, 2020, the City of Oakland, California, unanimously passed an emergency paid sick leave ordinance requiring employers to provide up to 80 hours of additional paid sick leave for COVID-19 related issues.
Los Angeles Adopts COVID-19 Right of Recall and Worker Retention Ordinances
On May 4, 2020, Mayor Eric Garcetti signed two new ordinances governing employee right of recall and worker retention in the City of Los Angeles. The ordinances provide certain rights and preferences to various workers whose employment has been affected by the COVID-19 crisis.
EEOC Updates COVID-19 Disability Accommodation Guidance to Address Higher-Risk Employees Returning to Work
Since the outset of the COVID-19 pandemic, the U.S. Equal Employment Opportunity Commission (EEOC) has issued instructions, statements, and guidance to help employers navigate COVID-19’s workplace impact. On May 5, 2020, the EEOC issued an update to its Technical Assistance Guidance on Disability Accommodation to address questions regarding employees at higher risk for severe illness from COVID-19.
Los Angeles County Passes Emergency Paid Sick Leave Ordinance
On April 28, 2020, the County of Los Angeles Board of Supervisors unanimously passed an interim urgency ordinance requiring employers with 500 or more employees to provide supplemental paid leave for COVID-19-related reasons. This follows similar measures taken over recent weeks in other local jurisdictions, such as San Francisco.
San Francisco’s COVID-19 Response: FAQs on the New Public Health Emergency Leave Ordinance
On April 17, 2020, Mayor London Breed signed the San Francisco Public Health Emergency Leave Ordinance (PHELO). The San Francisco Board of Supervisors had passed the ordinance earlier in the week. Like similar ordinances adopted in Los Angeles and San José, San Francisco’s ordinance supplements the federal Families First Coronavirus Response Act (FFCRA) and requires employers with 500 or more employees to provide up to 80 hours of paid leave to employees in both the city and county of San Francisco.
San Francisco’s Amended Fair Chance Ordinance Takes Effect with Updated Notice Requirements
On October 1, 2018, San Francisco’s amendments to its Fair Chance Ordinance (FCO) took effect. The FCO is San Francisco’s “ban the box” equivalent that regulates employers’ use of applicants’ and employees’ arrest and conviction information.
Governor Brown Signs Final Round of Employment-Related Legislation
Once again, Governor Jerry Brown ends the legislative year by signing a flurry of employment-related legislation. This year, however, is Governor Brown’s last year to do so, and next year we will report about the employment-related legislation that the new governor (whoever that is) undoubtedly will have signed.
California Amends Pay Equity Law, Providing Clarity for Employers
California’s pay equity law has been amended to clarify certain ambiguities regarding proper interview questions, disclosure of pay scales, and the application of the law to existing employees.
Federal Court Preliminarily Enjoins California Immigrant Worker Protection Act Employer Penalties
On July 4, 2018, Judge John Mendez of the United States District Court for the Eastern District of California preliminarily enjoined California from enforcing some provisions of Assembly Bill 450 (AB 450), known as the “Immigrant Worker Protection Act.”
New California Law Protects Victims, Witnesses, and Employers From Damages to Alleged Sexual Harassers’ Reputations
On July 9, 2018, California Governor Jerry Brown signed Assembly Bill 2770 (AB 2770) into law. The new statute amends California Civil Code Section 47, which designates certain communications as “privileged,” meaning that individuals cannot be liable for defamation (including libel and slander) based on those communications.
California Legislative Round-Up: Which Bills Survived the Governor’s Desk
In the days leading up the October 15 deadline, Governor Brown signed and vetoed a number of California labor and employment law bills that had recently passed by the September legislative deadline. Here is an overview on the newest laws and the bills that are gone for now.
California Expands Harassment Training Requirements
On October 15, 2017, Governor Brown signed Senate Bill (SB) 396 into law. California employers with 50 or more employees currently must provide two hours of sexual harassment training for supervisors every two years.
San Francisco Imposes New Lactation Accommodation Requirements
On June 30, 2017, San Francisco Mayor Ed Lee signed the city’s new Lactation in the Workplace Ordinance. The ordinance will take effect January 1, 2018, and imposes lactation accommodation requirements that go beyond those that federal and California law currently impose.
San Francisco to Ban Employers From Considering Salary History
On July 19, 2017, San Francisco became the latest jurisdiction to enact a law banning employers from asking job applicants about their salary histories. The San Francisco “Parity in Pay” Ordinance will become effective on July 1, 2018. The city will begin assessing penalties for noncompliance on July 1, 2019.
Employer Discretion Advised: The Latest on San Francisco’s Cutting-Edge Parental Leave Ordinance
San Francisco’s Paid Parental Leave Ordinance (PPLO) became effective on January 1, 2017, for employers with 50 or more employees. Effective July 1, 2017, the PPLO also applies to employers with 35 or more employees and, on January 1, 2018, to employers with 20 or more employees.
Los Angeles Implements Paid Sick Leave Policy That Doubles State Mandate
On June 1, 2016, the Los Angeles City Council finalized the City’s paid sick leave ordinance. Effective July 1, 2016, Los Angeles employers with 26 or more employees must provide employees with paid sick leave benefits, while employers with fewer than 26 employees must do so as of July 1, 2017.
San Francisco on the Verge of Imposing Employer-Funded Paid Parental Leave: FAQs on the Groundbreaking Ordinance
On April 5, 2016, the City of San Francisco moved one step closer to imposing paid parental leave on certain employers when the city’s Board of Supervisors passed the “Paid Parental Leave Ordinance.” The Board will vote again at its next meeting and, if it passes, will send the ordinance to Mayor Ed Lee.
Pasadena Joins Growing List of California Cities Imposing City Minimum Wage
On March 14, 2016, the Pasadena City Council adopted an ordinance to increase the city’s minimum wage. Beginning on July 1, 2016, employers with 26 or more employees must pay a minimum wage of $10.50 per hour to all employees who work at least 2 hours per week within the city’s geographic bounds.