California Employment Law Update

Category Archives: Coronavirus

Subscribe to Coronavirus RSS Feed

Los Angeles City Council Approves Sweeping Vaccine Ordinance for Indoor Establishments

Following New York City and San Francisco, Los Angeles is the latest city to require proof of vaccination for individuals entering indoor portions of establishments.  This ordinance, which the Los Angeles City Council approved in an 11-to-2 vote, takes effect November 4, 2021.  However, beginning October 21, 2021, the ordinance requires businesses and City facilities … Continue Reading

California Encourages Mandating Employee COVID-19 Vaccinations

Due to the recent increase in COVID-19 cases, California officials are recommending that private employers require their employees to be vaccinated against COVID-19 or face regular testing.  In an article in the Sacramento Business Journal, Governor Gavin Newsom’s senior advisor and director of the Governor’s Office of Business and Economic Development, Dee Dee Myers, called … Continue Reading

California Safety Board Narrows Emergency Temporary Standards (Effective Immediately)

As we previously reported (here), Cal/OSHA’s Occupational Safety and Health Standards Board (“OSHSB”) held a series of special meetings to revise its controversial Emergency Temporary Standards (“ETS”) related to the ongoing COVID-19 pandemic.  And, on June 17, 2021, OSHSB approved updated ETS language that more closely aligns California’s workplace safety requirements with recommendations from the … Continue Reading

California Revokes Controversial Masking Rules

As we previously reported (here), on June 3, 2021, California’s Occupational Safety and Health Standards Board (“OSHSB”) approved some controversial revisions to its Emergency Temporary Standards (“ETS”) related to COVID-19.  Among other highly-contested provisions, the updated ETS would have required even fully-vaccinated individuals to don masks indoors unless everyone in a room was fully-vaccinated.  However, … Continue Reading

California Workers Can’t Ditch Masks Just Yet

In a closely-watched vote, yesterday (June 3, 2021), California’s Occupational Safety & Health Standards Board  approved controversial amendments to the Emergency Temporary Standards (“ETS”) related to COVID-19.  If approved by the Office of Administrative Law within the 10 day review period, the new ETS (available here) will require (among many other things) most California workers … Continue Reading

Alleged Employer Violation of a Local Ordinance Cannot Support a Wrongful Discharge Claim

The California Court of Appeal has determined that a wrongful discharge claim cannot be based upon an alleged violation of a municipal ordinance.  Bruni v. The Edward Thomas Hospitality Corporation. The California Supreme Court has previously ruled that wrongful termination claims must be based upon a violation of a “fundamental public policy.”  In the years … Continue Reading

Big Brother Comes to Santa Clara County with Latest COVID-19 Order

On May 18, 2021, Santa Clara County issued a new Order of the Health Officer (the “Order”) that took effect on May 19th.  Of particular note, the Order imposes two new obligations:  First, it mandates that employers require all personnel to immediately alert their employer if they test positive for COVID-19 and were present in … Continue Reading

Opening Up To the New Normal

With COVID-19 cases falling and vaccination rates increasing, the County of Los Angeles is updating guidance for reopening the economy. Effective Monday, April 5, 2021, Los Angeles County non-essential office-based businesses can now reopen indoors, at 50% capacity, per the new County of Los Angeles Department of Public Health Order of the Health Officer. This … Continue Reading

One More for Good Measure: Another Round of Mandatory Vaccination Guidelines

The California Department of Industrial Relations (DIR) recently updated its Guide to COVID-19 Related Frequently Asked Questions to include wage and hour issues related to employer-mandated COVID-19 tests or vaccinations.  According to this latest guidance, if an employer requires employees to obtain a COVID-19 test or vaccination, the employer must pay “for the time it takes for … Continue Reading

Statewide Supplemental Paid COVID-19 Sick Leave Resuscitated, Expanded, and Retroactive Back to January 1, 2021

On Thursday, March 18, the California Legislature passed Senate Bill 95 (“SB 95”) which will provide statewide supplemental paid COVID-19 sick leave, retroactively to January 1, 2021. Governor Newsom signed SB 95 on Friday, March 19. California’s previous supplemental paid COVID-19 sick leave (covered here) expired on December 31, 2020. Since then, California employers have … Continue Reading

Keeping it Local to Extend COVID-19 Emergency Paid Sick Leave Ordinances

California’s supplemental paid COVID-19 sick leave (covered here) expired on December 31, 2020. The Families First Coronavirus Response Act (FFCRA) also expired on December 31, 2020. Nevertheless, many local jurisdictions have extended emergency paid sick leave to employees affected by the COVID-19 pandemic. An employee may be entitled to use the leave for a variety … Continue Reading

Federal Guidance on Mandating Employee COVID-19 Vaccinations

To date, the California Department of Fair Employment and Housing (DFEH) has not issued relevant guidance regarding mandatory COVID-19 vaccination programs. Despite the current lack of California-specific information, on December 16, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) updated its COVID-19-related guidance, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, … Continue Reading

No Reservations! A Beverly Hills Dining Institution Provides a Reminder to Adhere to Health Officer Orders

As recently reported by the Los Angeles Times, People, and a slew of other national and local media outlets, famed Beverly Hills restaurant, La Scala, recently faced significant public backlash after sending out invitations to a Prohibition-themed, indoor New Year’s Eve celebration.  The invitation, which was distributed to select customers, read: “We are considering taking … Continue Reading

As COVID-19 Cases Overwhelm the Golden State, Cal/OSHA Imposes More Burdens on Employers

California’s Division of Occupational Safety and Health, better known as “Cal/OSHA,” recently issued new emergency temporary standards to protect workers from COVID-19 (the “Emergency Temporary Standards”), which were approved by the Office of Administrative Law earlier this week.  The Emergency Temporary Standards, which are now in effect, apply to virtually all California employers, employees, and … Continue Reading

State-by-State Real-Time Updates on Employment and Privacy-Related Rules, Regulations, Orders and Guidance

As jurisdictions continue to respond to COVID-19 with new rules, regulations, orders and guidance, employers must ensure that they adhere to these requirements as they manage business operations. To assist multi-state employers as they navigate these developments, we have created ProTrack COVID-19, a state and local tracker tool. Our proprietary tracker allows employers to search … Continue Reading

California’s New Supplemental Paid COVID-19 Sick Leave, Effective September 19, 2020

On September 9, 2020, Governor Newsom signed Assembly Bill 1867 (“AB 1867”), which is intended to fill gaps left by the Families First Coronavirus Response Act (“FFCRA”). The new law requires that private employers with 500 or more employees in the United States provide eligible (non-food sector) employees with up to 80 hours of supplemental … Continue Reading

COVID Alert: California Releases “Employer Playbook for a Safe Reopening”

California Governor Gavin Newsom has released a 32-page “Employer Playbook” that’s designed to help employers “plan and prepare for reopening their business and to support a safe, clean environment for workers and customers.” The Playbook contains general guidance applicable to all industries, such as how to manage an outbreak, record cases, and enforce mask requirements. … Continue Reading

Safety Concerns Regarding COVID-19 Infection Could Lead to More Plaintiff-Friendly Juries

Employers may face juries that seek to hold them responsible if an employee contracts COVID-19, the trial consulting firm Dispute Dynamics suggests in its latest study. Dispute Dynamics surveyed 321 individuals, inquiring about their most up-to-date attitudes in the context of being called as a potential juror during/following the pandemic. 46% of the participants indicated … Continue Reading

Please join us for a complimentary Webinar on Employment-Related Claims in the Wake of COVID-19

As businesses reopen and employers continue to adjust to the new reality created by the COVID-19 pandemic, it is critical to anticipate the types of employment-related claims that may arise. On Tuesday, June 23, 2020, at 10:00 AM PDT, please join Proskauer’s Labor and Employment Department for a complimentary webinar as we provide an overview … Continue Reading

Mask On, Roll Camera: LA County Greenlights Hollywood Production Restart

As we previously reported, last week, Gov. Gavin Newsom and California’s State Public Health Officer cleared the music, film and television industry to resume work no earlier than this Friday, June 12, 2020, subject to county-by-county approval.  On June 10, 2020, Los Angeles County Director of Public Health, Dr. Barbara Ferrer, announced that she was … Continue Reading

Time to Work Off the COVID 19 (lbs)… California Fitness Employers Reopen!

California has long been considered one of the “capitals” of the fitness industry as it is home to thousands of gyms and boutique fitness studios.  COVID-19 hit the state’s fitness industry particularly hard when shelter-in-place orders were announced in mid-March and, as we detailed in an article last month, now presents unique reopening challenges. On … Continue Reading

The Wait is (Almost) Over! California Greenlights Resumption of Music, Film and Television Production

  On Friday June 5, Gov. Newsom announced that California has authorized the music, film and television production industries to reopen on or after this coming Friday, June 12, 2020.  The same day, Gov. Newsom announced the reopening of fitness facilities, day camps, and several other industries. Although the State Public Health Officer had been … Continue Reading

Lights, Camera, PPE: Hollywood Guilds and Studios Take Action On Resuming Production

As we discussed in a guest column in The Hollywood Reporter in April, the entertainment industry faces unique challenges as it plans to resume operations.  On May 20, 2020, California Governor Gavin Newsom suggested that California would release guidelines for reopening the entertainment industry by Memorial Day.  However, to date, California’s Public Health Officer has not … Continue Reading

How Will COVID-19 Affect Future Jury Trials?

When courts begin to ramp-up operations and start to impanel juries again for the thousands of backlogged civil and criminal trials, the composition of the jury pool may look different, suggests Dispute Dynamics. Dan Gallipeau and Jill Huntley Taylor at Dispute Dynamics conducted a 300-participant nationwide study last week to determine what, if any, effect … Continue Reading
LexBlog

This website uses third party cookies, over which we have no control. To deactivate the use of third party advertising cookies, you should alter the settings in your browser.

OK