By: The Saqui Law Group, Rebecca R. Schach and Nathaly Martinez
Earlier this week, Governor Gavin Newsom signed AB 1867 making his prior Executive Order on supplemental Paid Sick Leave the law for an expanded group of workers. As a refresher, on March 4, 2020, Governor Newsom issued Executive Order N-51-20, which provides supplemental paid sick leave (“COVID-19 Supplemental Paid Sick Leave”) for food sector workers who work for a hiring entity that has 500 or more employees nationwide for certain circumstances related to COVID-19.
AB 1867 codifies Executive Order N-51-20, to require certain California employers to provide COVID-19 Supplemental Paid Sick Leave for employees that are unable to work due to:
A federal, state, or local quarantine or isolation order related to COVID-19;
Direction by a health care provider to self-quarantine or self-isolate due to concerns related to COVID-19; or
Prohibition from the hiring entity due to health concerns related to the potential transmission of COVID-19.
As a reminder, Employers cannot not require covered workers to use any other paid or unpaid leave, paid time off, or vacation time before the SPSL becomes available.
The law went into effect immediately and will run until the later of Dec. 31, 2020, or when any extension to the federal Families First Coronavirus Response Act’s emergency paid sick leave law expire. Finally, the law requires that the Labor Commissioner issue a model Notice so employers can expect another mandatory Notice to be released in the next two weeks.
COUNSEL TO MANAGEMENT:
Although many are in peak season, Ag employers can expect an increase in agency audits and investigations regarding COVID-19 Supplemental Paid Sick Leave. The law gave teeth to the Governor’s Executive Order allowing for workers to file with the DFEH related to COVID-19 Supplemental Paid Sick Leave. If your company has questions about designating COVID-19 Supplemental Paid Sick Leave or additional requirements imposed by this new law, contact the experts at The Saqui Law Group, a division of Dowling Aaron Incorporated.
By: The Saqui Law Group and Jorge Lopez Espindola
The California Legislature has passed four new Bills that are sitting on the Governor’s desk for signature. The Governor has until September 30, 2020, however policy experts expect that he will sign all four shortly. As a recap, California employers can expect to see these impacts:
Senate Bill 1383 would require employers who employ at least five (5) employees to provide paid family leave and to guarantee workers their jobs back after they take leave of care for a new baby or sick family member. This Bill would also make it unlawful for employers to refuse to grant paid family leave when an employee requests it. You can find the Bill here.
Assembly Bill 685 would mandate employers to notify their employees of any potential COVID-19 exposures in the workplace. This Bill also grants the power to Cal/OSHA to enforce this Bill. This Bill will also attach a high penalty for any employers who do not notify their employees of potential COVID-19 exposures. There is also a presumption that employers retaliated against an employee if the employer terminates an employee who requests COVID-19 test. You can find the Bill here.
Senate Bill 1159 creates a legal presumption essential workers contracted COVID-19 at the workplace. If the worker meets certain conditions, then the worker can easily obtain workers’ compensation. This Bill would define “injury” to include illness or death resulting from COVID-19, until January 1, 2023. This disputable presumption will make it difficult for employers to dispute that workers were not get infected at the workplace. You can find the Bill here.
Senate Bill 1102 requires employers who employ H-2A workers to provide written notification of workers’ rights under federal and California law. Employers can comply with this notification requirement by distributing a template that the Labor Commissioner is set to release on January 2, 2021. This Bill would require an employer to provide its employees with specified night work equipment and specified worksite layout information. This Bill will also declare that an H-2A employee residing in employer-provided housing is considered to be a tenant under California housing law. You can find the Bill here.
COUNSEL TO MANAGEMENT:
We at The Saqui Law Group, a division of Dowling Aaron Incorporated, are tracking these Bills and will update our members when the Governor takes action on these Bills.