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Heather Sager’s extensive knowledge of California’s complicated statutory and regulatory requirements for employers is well-regarded by technology, retail, and finance clients alike, from startups to Fortune 500 companies. She has wide-ranging experience litigating complex wage-and-hour matters brought under the federal Fair Labor Standards Act (FLSA) and similar state laws, including California’s Private Attorneys General Act (PAGA).

On March 19, 2021, Governor Newsom approved SB 95, which requires COVID-19 supplemental sick leave through September 30, 2021 and creates new COVID-19 vaccine–related paid sick leave obligations for covered employers. The new law, which adds Sections 248.2 and 248.3 to California’s Labor Code, is effective immediately, but the employer obligation to provide COVID-19 supplemental paid sick leave does not take effect until March 29 (10 days after the date of enactment). It is important to note that the obligation to provide supplemental paid sick leave is retroactive to January 1, 2021, which means employers may owe back pay to employees who took covered leave on a previously unpaid basis, following the December 31, 2020 expiration of California’s previous supplemental sick leave legislation, discussed here.

The requirement is in addition to California’s mandated paid sick leave and may be used by covered employees upon oral or written request. An employee cannot be required to use any other paid or unpaid leave, time off, or vacation before the supplemental sick leave. The Labor Commissioner has developed a poster that employers are required to display or disseminate regarding the new requirements.

With multiple states rolling out phased access to COVID-19 vaccines, many employers are considering whether they want to require employees to be vaccinated, how to encourage employee vaccinations, and the implications of vaccine policies for their businesses. Below are a few of the top questions that Perkins Coie has received from its clients:

  • May I

On December 2, 2020, the CDC updated its guidelines to provide two options to shorten the time frame for which individuals exposed to COVID-19 are to quarantine. The CDC continues to recommend that individuals who are exposed to COVID-19 quarantine for 14 days after exposure. However, the CDC’s new guidelines provide two alternative options to

As described here, on November 19, 2020, Cal/OSHA voted to implement sweeping new temporary emergency COVID-19 regulations. These emergency regulations are now in effect as they were approved by the Office of Administrative Law. Cal/OSHA has now provided additional guidance for employers, including the following:

On November 19, 2020, Cal/OSHA voted 6-0 to implement sweeping new temporary emergency COVID-19 regulations (COVID Regulations) which require employers to implement a written COVID-19 prevention program with 11 categories of protocols covering everything from employee communications to appropriate face coverings. Crafting a compliant COVID prevention program will take significant time and resources. See below

On November 12, 2020, California’s Division of Occupational Safety and Health released a draft of its COVID-19 emergency regulation. The California Occupational Safety and Health Standards Board will vote on it on November 19, 2020. The proposed regulation includes a written COVID-19 Prevention Program, requires notification of potential COVID-19 exposure within one business day

On September 17, 2020, as part of a trio of new COVID-19 protections for employees, California Governor Gavin Newsom signed AB 685, the text of which is available here. AB 685 requires employers to provide written notice to employees and employers of subcontractors of all potential exposure to COVID-19 within one business day of receiving notice of the potential exposure and notify the local public health agency of outbreaks. In addition, the law enhances Cal/OSHA’s enforcement powers, including the ability to shutter businesses experiencing COVID-19 outbreaks. In a small bit of relief for employers, the law does not take effect until January 1, 2021. The California Department of Industrial Relations has also published some initial FAQs, available here.

As previously described, California has adopted AB 1867, which addresses supplemental COVID-19 paid sick leave in California. The California Department of Industrial Relations (DIR) has issued FAQs On Supplemental Paid Sick Leave for California Workers at Companies With 500 or More Employees Nationwide and for Health Care Providers and First Responders Excluded from

The City and County of San Francisco recently enacted an emergency Ordinance, the text of which is available here, effective September 11, 2020, which prevents all employers from taking adverse employment actions (e.g., firing, threatening to fire, disciplining, or in any manner discriminating) against employees and independent contractors (collectively “Workers,” as defined in the Ordinance) related to absences caused by COVID-19. The Ordinance is effective for 60 days through November 10, 2020 (unless extended) and applies to any Worker who has tested positive for COVID-19 or is isolating or quarantining, or has previously isolated or quarantined, due to COVID-19 symptoms or exposure (a “COVID-19 Absence”). The Ordinance prevents adverse actions during or within 90 days of a COVID-19 Absence.