California COVID-19 Workers’ Compensation Presumption Expired on July 5, 2020—Will It Be Revived?

On May 6, 2020, Governor Gavin Newsom of California issued Executive Order (EO) N-62-20, creating a temporary rebuttable presumption that employees working outside of their homes who test positive for COVID-19, the disease caused by SARS-CoV-2, may receive workers’ compensation benefits. In doing so, the governor simplified the process for sick employees to seek certain wage replacement benefits, and therefore sought to encourage ill employees to stay home to reduce the spread of COVID-19.

California Governor Extends Wage Claim and Cal/OSHA Deadlines

In response to the ongoing COVID-19 pandemic and its continued impact on daily life, Governor Gavin Newsom issued Executive Order (EO) N-63-20 on May 7, 2020, extending certain statutory and regulatory deadlines for individuals, businesses, and governmental agencies in California. In addition to other temporary changes, EO N-63-20 extends the time for employees to file certain claims for unpaid wages with the state labor commissioner, the time for the state to issue certain workplace safety citations under the California Occupational Safety and Health Act, and the time for employers to appeal such citations.

California Assembly Bill Would Give Employees More Time to File DLSE Complaints; Could Incentivize More Civil Litigation

Current California Labor Code Section 98.7 provides that any person who believes that he or she has been discharged from employment or otherwise discriminated against in violation of any law under the jurisdiction of the California Division of Labor Standards Enforcement (DLSE) may file a complaint with the DLSE within six months after the occurrence of the alleged violation.