Thursday, October 8, 2020
On this episode of The Proskauer Transient, companion Harris Mufson and affiliate Phil Lebel focus on current authorized developments in California, particularly a brand new supplemental paid sick depart legislation and coronavirus (COVID-19) publicity notification necessities. Tune in as we focus on steps employers can take to make sure compliance with these new necessities.
Transcript (scroll all the way down to pay attention):
Harris Mufson: Welcome to The Proskauer Transient: Scorching Subjects in Labor and Employment Legislation. I’m Harris Mufson and on immediately’s episode I’m joined by Phil Label and we’re going to focus on current authorized developments in California, particularly with respect to supplemental paid sick depart and COVID publicity notification necessities. Phil, why don’t we begin with the supplemental case paid sick depart that was just lately enacted in California. Are you able to describe that new legislation for our listeners?
Phil Lebel: Positive, a few weeks in the past Gavin Newsom signed a legislation that added a brand new part to the Labor Code Part 248.1, that established supplemental paid COVID-19 sick depart. Beforehand, a number of native jurisdictions in California together with Los Angeles, San Francisco, and San Jose had enacted their very own supplemental COVID-19 depart legal guidelines and this was designed to embody all the workforce within the state and tackle these workers who weren’t coated by the federal Households First Coronavirus response act. The brand new legislation supplies depart for workers who’re unable to work for one of many following three causes. So one, the worker is topic to a federal, state, or native quarantine or isolation order associated to COVID-19, the worker is suggested by a healthcare supplier or others handled to self-quarantine or self-isolate attributable to issues associated to COVID-19 or the worker prohibited working by the employer attributable to well being issues associated to the potential transmission of COVID-19. Notably the legislation solely supplies depart for workers who’re required to bodily go into work to do their job and never individuals who solely work from home or remotely throughout this era. That’s not essentially the case with a few of the native supplemental COVID-19 legal guidelines.
Harris Mufson: By way of this depart coinciding with different paid leaves, like for instance, depart beneath the Households First Coronavirus Response Act or different leaves beneath relevant state or native legal guidelines, are you able to describe how this depart suits into that group?
Phil Lebel: The supplemental COVID-19 depart legislation that’s supplied in Labor Code Part 248.1 is designed to cowl solely these workers who usually are not coated by the federal Households First Coronavirus Response Act depart extension. It solely covers employers which have 500 or extra workers and who’re due to this fact not coated by federal Legislation. That’s the identical with the entire native ordinances which have established supplemental COVID-19 depart. So it’s actually meant to work as a cease hole to supply depart the place there was none earlier than.
Harris Mufson: Received it. I consider it’s additionally a internet hosting requirement, are you able to converse slightly extra about that?
Phil Lebel: Appropriate, the labor commissioner created a poster that’s imagined to be posted in locations the place workers congregate at work, within the occasion when workers usually are not congregating wherever both as a result of they’re primarily working remotely or for no matter different motive the legislation supplies that the poster could be distributed to workers electronically. The poster is out there on the labor commissioner’s web site and there are a number of translations which might be accessible. As well as, there may be language in Labor Code Part 248.1 that requires employers to supply depart steadiness data to workers who’re eligible for this kind of depart.
Harris Mufson: Let’s shift now to the opposite legislation that was just lately handed in California that accommodates sure notification necessities for workers who take a look at optimistic for the coronavirus. Phil, are you able to stroll our listeners by way of that new authorized requirement in California?
Phil Lebel: Governor Newsom just lately signed AB 865 which, amongst different issues, added part 6409.6 to the California Labor Code. That legislation requires that employers take a variety of steps inside one enterprise day of discover of a possible publicity to COVID-19 within the office. So first, the employer has to supply written discover to all workers and employers of sub-contracted workers who had been on the premises on the identical worksite because the contaminated or doubtlessly contaminated particular person, that they could have been uncovered to COVID-19. The legislation additionally requires that the employer present the identical written discover to a union, if any exists. The discover additionally has to supply all doubtlessly uncovered workers in any union with data relating to COVID-19 associated advantages, in addition to the anti‑retaliation and anti-discrimination protections beneath California Legislation, and notify all of these people of the employers disinfection and security plan that the employer will implement within the wake of the potential publicity to COVID-19 within the office. Part 6409.6 additionally requires when an employer learns of a sure variety of circumstances that meet the State Division of Public Well being definition of a COVID-19 outbreak, that the employer, inside 48 hours, notify the native public well being company of the names, quantity, occupations, and the worksites for workers that had been contaminated or identified with COVID‑19.
Harris Mufson: Phil, when does this new notification legislation take impact?
Phil Lebel: The legislation takes impact January 1, 2021. So employers have a while to get their security plans collectively and they need to observe native, state, and CDC tips relating to disinfection and security plans.
Harris Mufson: Actually attention-grabbing developments in California and thanks Phil for offering that to our listeners. And thanks for becoming a member of us on The Proskauer Transient immediately. Keep tuned for extra insights on the newest scorching matters in labor and employment legislation and be sure you observe us on Apple Podcasts, Spotify, and Google Play.
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