California: Updated Cal/OSHA Guidance on COVID-19 Safety Practices and Requirements

APPLIES TO

All Employers with CA Employees in Certain Essential Industries

EFFECTIVE

May 5, 2020 and May 14, 2020

QUESTIONS?

Contact HR On-Call

(888) 378-2456

Mandatory IIPP Changes

Cal/OSHA published updated Interim General Guidelines on Protecting Workers from COVID-19. Of particular note, the Guidelines state that “[f]or most California workplaces, adopting changes to their IIPP is mandatory since COVID-19 is widespread in the community.” California businesses are already required to have Illness and Injury Prevention Plans (IIPP) in place. Cal/OSHA is now saying that employers must incorporate infection control measures, including applicable and relevant recommendations from the Centers for Disease Control and Prevention (CDC), in their IIPPs. The Guidelines also published an extensive list of specific infection prevention measures and training topics for employers to implement.

While the Guidelines say that they do not “impose new legal obligations,” Cal/OSHA relies on the fact that COVID-19 is a workplace hazard, which is a topic covered by IIPP requirements. Employers are instructed to determine if COVID-19 infection is a hazard in their workplace and take action accordingly.

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Los Angeles, CA: City Issues Mandatory Worker Retention and Recall Orders

APPLIES TO

All Employers with Los Angeles, CA Employees in Certain Industries

EFFECTIVE

June 14, 2020

QUESTIONS?

Contact HR On-Call

(888) 378-2456

The City of Los Angeles issued two new orders mandating employers in certain industries to retain or rehire employees.  The Right of Recall Ordinance and Worker Retention Ordinance are intended to help return furloughed and laid-off workers in hard-hit industries affected by the city and state shelter-at-home orders, including workers at the Airport, in the Hospitality Industry, and those who provide services to Commercial Property.

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Oakland, CA: Citywide Emergency Paid Sick Leave Adopted

APPLIES TO

All Employers with Oakland, CA Employees

EFFECTIVE

April 1, 2020

QUESTIONS?

Contact HR On-Call

(888) 378-2456

Oakland joins Los Angeles, San Jose, and San Francisco in enacting citywide emergency paid sick leave.  The Emergency Paid Sick Leave for Oakland Employees Ordinance went into effect immediately upon signing, and applies retroactively to workers providing services since February 3, 2020.

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Colorado: Return-to-Work Guidance Addresses COVID-19 Anti-Discrimination Rules

APPLIES TO

All Employers with CO Employees

EFFECTIVE

April 27, 2020

QUESTIONS?

Contact HR On-Call

(888) 378-2456

Colorado’s statewide “Safer at Home” order currently remains in effect, with recent updates permitting select opening capacity for restaurants, children and sports camps, and private campsites.  As the Executive Order has been extended, employers should pay attention to provisions concerning reasonable accommodations and anti-discriminations contains therein.  In an effort to address concerns about returning to work, the Colorado Department of Labor and Employment (CDLE) released a Paid Leave and Unemployment FAQ, and Colorado Civil Rights Division (CRD) followed up with Guidance on the Safer at Home Executive Order for Employers and Employees.

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Indiana: Noncompete Restrictions Enacted for Physicians

APPLIES TO

All Employers with IN Physician Employees

EFFECTIVE

July 1, 2020

QUESTIONS?

Contact HR On-Call

(888) 378-2456

Indiana HB 1004 imposed restrictions on noncompete agreements with physicians originally entered into on or after July 1, 2020. To be enforceable, a noncompete agreement with a physician must include all of the following provisions:

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Maryland: State WARN Act Mandates Advance Notice, Continued Benefits for Reduction in Force

APPLIES TO

All Employers with MD Employees

EFFECTIVE

October 1, 2020

QUESTIONS?

Contact HR On-Call

(888) 378-2456

With the unprecedented impact of COVID-19, some states have relaxed the provisions of their local WARN Acts.  Maryland, on the other hand, has enacted amendments mandating certain requirements even for small job actions.  Recent amendments to the Economic Stabilization Act will require employers to fulfill notice obligations and continue benefits, triggered by a closure of all or some business operations of as few as 15 employees.

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New York, NY: COVID-19 Paid Sick Leave Expanded for Self-Isolating Workers

APPLIES TO

All Employers with NYC Employees

EFFECTIVE

April 19, 2020

QUESTIONS?

Contact HR On-Call

(888) 378-2456

Effective April 19, 2020, the New York City Commissioner ordered that individuals who self-identify a need to isolate due to COVID-19 are eligible for immediate paid time off under New York’s statewide COVID-19 Quarantine/Isolation Order Law.

The Order applies to an individual who (A) tests positive for COVID-19, or (B) has symptoms of COVID-19 and was in contact with someone who tested positive or had symptoms of COVID-19.  Employees who meet one of these requirements may request COVID-19 sick leave from their employer, available as paid or unpaid leave of a duration depending on the employer’s size and net income.

The Order contains three appendices applicable to different types of employees: healthcare personnel, non-healthcare essential employees, and non-essential employees.  An employee seeking COVID-19 specific leave time must complete and sign off the applicable appendix affirming that their medical status is true and accurate.  The employee must submit the appendix plus additional documentation (e.g., test results or a medical consultation) evidencing the need for self-isolation.

Action Items

  1. Review the expanded paid leave Order here and the accompanying FAQ here.
  2. Have policies updated.
  3. Have managers trained on the new leave provisions.
  4. Subscribers can call our HR On-Call Hotline at (888) 378-2456 for further assistance.

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser.

© 2020 ManagEase

June Updates

APPLIES TO

Varies

EFFECTIVE

Varies

QUESTIONS?

Contact HR On-Call

(888) 378-2456

This Short List addresses the following topics:
  1. USCIS Extends Response Deadlines for Certain Immigration-Related Processes
  2. IRS Permits Mid-Year Plan Elections Due to COVID-19
  3. Updated Disability Self-ID Form for Federal Contractors and Subcontractors
  4. California: Mandatory State Retirement Fund Registration Deadline Extended
  5. Los Angeles, CA: Emergency Supplemental Paid Sick Leave for Large Employers
  6. New York: Wage Theft Prevention Act Amended, New Notice Requirements
  7. Suffolk County, NY: Ban the Box Restricts Pre-Hire Criminal History Inquiries

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