Face Coverings and COVID-19 Best Practice 

 By: The Saqui Law Group and Christina Anton

This E-blast serves to provide guidance to Employers regarding the provision of face coverings to employees in response to the COVID-19 pandemic.

When faced with deciding whether an Employer must provide face coverings to employees, it is in the Company’s best interest to comply with State and County-wide orders. On June 18, 2020, the California Department of Public Health (“CDPH”) provided guidance for the use of face coverings. In this guidance, the CDPH stated that people in California must wear face coverings when they are in high-risk situations, including engaging in work and while outdoors in public spaces. Refer to the guidance here.

With schools contemplating whether to open or not during the COVID-19 pandemic, many parents are facing the possibility that they will be homeschooling or supervising distance learning for their kiddos this fall. This new normal raises questions for California employers on paid leave and teleworking during COVID.

Private employers with fewer than 500 employees are covered by the Families First Coronavirus Response Act (“FFCRA”) and those employers with more than 500 employees are covered by California Supplemental Paid Sick Leave. To determine the number of employees your Company employs for purposes of finding out whether the company is covered by the FFCRA or California Supplemental Paid Sick Leave, you must count all full-time and part-time employees employed within the United States at the time the employee would take leave, including individuals placed with you by a temp agency. Independent contractors are not included in calculating the number of employees for purposes of the FFCRA.

See here for the latest GSA Article about Governor Newsom’s Statewide Program Modeled After GSA's Farm Worker Quarantine Housing.  

A job well done in the industry and kudos to Chris Valadez and his staff!

The National Labor Relations Board’s (“NLRB”) General Counsel has issued comprehensive suggestions for conducting in-person elections during the COVID-19 pandemic. You may read the full guidelines here.

Employers permitted to engage in an in-person election, must attempt to comply with the guidelines, which suggest:

On July 6, 2020, the California Supreme Court handed down clarity on the application of California’s wage and hour laws to employees who work primarily outside of California. In Oman v. Delta Air Lines, Inc., four Delta flight attendants filed a class action alleging that Delta failed to pay them at least the minimum wage for all hours worked.  The flight attendants also alleged that Delta failed to pay them within the required semi-monthly time frame under Labor Code section 204 and to provide comprehensive wage statements pursuant to Labor Code section 226. Delta successfully defended against all claims.

Governor Newsom announced today that he is ordering ALL counties to close indoor operations in Restaurants, Wineries, Tasting Rooms, Bars, Clubs, Movies theaters, Family entertainment centers, Zoos, Museums, and Card rooms.

The Governor also ordered ALL bars, brewpubs, breweries, and pubs to close all operations both indoor and outdoor.

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