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Jill L. Ripke

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Jill Ripke defends companies in employment and independent contractor class action matters dealing with claims relating to independent contractor status, misclassification, unpaid overtime, unpaid meal and rest breaks, and unpaid off-the-clock work.

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On August 25, 2021, Cal/OSHA issued a press release which encouraged employers and workers to follow the recent update from the California Department of Public Health (CDPH) recommending that all individuals wear face coverings while indoors regardless of vaccination status (August 25 Recommendation). The full text of the Cal/OSHA press release is linked here and…

Seven Bay Area counties and the City of Berkeley issued Health Orders mandating mask use for indoor public spaces such as places of work. The Orders apply to both vaccinated and non-vaccinated individuals. However, the Orders provide exceptions for individuals working alone in a closed office space, individuals that are eating or drinking, and individuals specifically exempted by the California Department of Public Health guidance such as individuals with medical conditions that prevent them from wearing a mask. The indoor mask mandates are effective August 3, 2021 and will continue to be in effect until rescinded. If your company has business in any of these locations, please review each applicable order for detailed information.

Note that in the workplace, workers must also follow Cal/OSHA mask requirements. Please consult with legal counsel for questions related to the Health Orders or Cal/OSHA.

The links to the relevant Health Orders are included below:…

Post-Acute COVID-19 Syndrome, colloquially referred to as long COVID-19, occurs when an individual who had COVID-19 continues to experience ongoing symptoms for months afterward. Individuals with long COVID-19 might have difficulty working in the same way they did before and may be entitled to workplace accommodations so they can do their job. Even if these employees do not think of themselves as having a disability, they may meet the Americans with Disabilities Act definition.

Under the ADA, an employee is entitled to accommodations if they meet the definition of an individual with a disability and are qualified for the job with the reasonable accommodation. An individual with a disability is a person who has a physical or mental impairment that substantially limits major life activities, has a record of such an impairment, or is regarded as having such an impairment. Whether a particular condition is a disability as defined by the ADA requires a case-by-case determination. However, employers are free to provide accommodations even if someone doesn’t meet the definition of disability – and they must provide accommodations if they do meet it, absent undue hardship.…

On July 27, 2021, the U.S. Centers for Disease Control (“CDC”) updated its mask guidance in response to the Delta variant of COVID-19.  The CDC now recommends fully vaccinated individuals to wear a mask indoors in public if in an area of substantial or high transmission.  For individuals who are not fully vaccinated or…

Seven Bay Area Counties– Alameda, Contra Costa, Marin, San Francisco, San Mateo, Santa Clara, Sonoma—and the City of Berkley issued a press release on July 16, 2021 strongly recommending that everyone, regardless of their vaccination status, wear masks indoors in public places, including workplaces, to protect against the spread of the highly transmissible Delta variant…

As we updated just two weeks ago, Los Angeles County’s Department of Public Health was strongly recommending that everyone, regardless of their vaccination status, wear masks in indoor public places.  As of 11:59 pm on Saturday, July 17, 2021, the LA County Public Health Officer has ordered that everyone in Los Angeles County, regardless…

On March 17, 2020, Governor Gavin Newsom issued Executive Order N-31-20 (“EO N-31-20”) regarding the California WARN Act (Lab. Code §§ 1400, et seq.).  EO N-31-20 is often inaccurately described as suspension of the entire California WARN Act.  However, the Department of Industrial Relations, Division of Labor Standards Enforcement, and the Employment Development Department…

Governor Gavin Newsom signed California’s limited COVID-19 right of recall law in April 2021, which established an obligation for certain employers to recall employees who were laid off because of COVID-19 when job positions become available. The industries affected by the right to recall are the hospitality industry and the building services industry. The California…

The Los Angeles County’s Department of Public Health issued a press release on June 28, 2021 strongly recommending that everyone, regardless of their vaccination status, wear masks indoors in public places, including workplaces, to protect against the spread of the highly transmissible Delta variant of COVID-19.  This change was prompted by the drastic increase in…

On June 11, 2021, the California Department of Public Health issued a State Public Health Officer Order and Governor Gavin Newsom issued two related Executive Orders rolling back COVID-19 restrictions.  More information on these orders and announcement can be found below.

  1. On June 11, 2021, the California Department of Health issued the State Public Health Officer Order of June 11, 2021, mandating limited and temporary health requirements as of June 15, 2021.  The order replaces the previous pandemic public health orders with limited requirements related to face coverings and mega events, as well as settings with children and youth, as follows:
    • Fully vaccinated individuals do not need to wear masks, except for in the following settings where masks are required for everyone:
      1. On public transit (including, but not limited to, airplanes, ships, ferries, trains, subways, buses, taxis, and ride-shares) and in transportation hubs (including, but not limited to, airport, bus terminal, marina, train station, seaport or other port, subway station, or any other area that provides transportation));
      2. Indoors in K-12 Schools, childcare, and other youth settings* (*This may change as updated K-12 school guidance is provided by the CDC);
      3. Healthcare settings (including, but not limited to, Long terms care facilities);
      4. State and local correctional facilities and detention centers; and
      5. Homeless shelters, emergency shelters and cooling centers.
    • Unvaccinated individuals are still required to wear masks and follow social distancing requirements in indoor public settings and businesses (including, but not limited to, retail, restaurants, theaters, family entertainment centers, meetings, state and local government offices serving the public).

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