APPLIES TO As Indicated

EFFECTIVE September 9, 2020

QUESTIONS? Contact HR On-Call (888) 378-2456

The San Diego City Council passed emergency ordinances implementing rehire and retention requirements for certain employers in the commercial property, hotel, and event center industries.  The employer eligibility requirements vary depending on the industry, but the ordinances generally require the business to provide specific protections to laid-off employees, including the first right to available positions, notice of layoffs, and record retention requirements.

Rehire Ordinance

Covered employers.  The new protections apply to the following employers:

• Event Center employers with a premises of 50,000 square feet or 5,000 seats used for public performances;
• Hotels employers with a hotel of at least 100 guest rooms located in the city of San Diego; and
• Commercial property employers with premises located in San Diego employing 10+ janitorial, maintenance, or security service employees.

Covered employees.  The protections afforded by the ordinance apply to “laid-off employees,” defined as individuals who:

• Perform at least 2 hours of work within the city of San Diego in a particular week;
• Have at least six months of service with the employer (or three months or more in the 12 months preceding March 4, 2020);
• Were separated from service or failed to be scheduled for customary seasonal work on or after March 4, 2020 and before the termination of the statewide Declaration of Emergency;
• Were terminated due to government shutdown order, lack of business, reduction-in-force, or other economic and non-disciplinary reason; and
• Are not managers, supervisors, or confidential employees.

APPLIES TO All Employers with MI Employees

EFFECTIVE October 2, 2020

QUESTIONS? Contact HR On-Call (888) 378-2456

On October 2, 2020, the Michigan Supreme Court stated that the Emergency Powers of the Governor Act of 1945 (EPGA) was an unconstitutional delegation of power to the governor, and the Emergency Management Act (EMA) did not grant the governor the power to issue or renew any executive orders related to the COVID-19 pandemic after 28 days without legislative approval. Governor Whitmer has been relying upon the EPGA or EMA to issue over 100 emergency executive orders to manage the impact of COVID-19 on the state. This ruling essentially nullifies those executive orders. There is also a dispute over when the Court’s ruling will go into effect. At the very latest, it will be in effect by October 30, 2020.

In the meantime, state and local agencies are working to fill the gap that is left by the state supreme court’s ruling. For example, the Michigan Department of Health and Human Services (DHHS) issued an emergency order prohibiting certain gatherings based on size (excluding the workplace) and mandating masks in most circumstances (including in the workplace). The order expires October 30, 2020. Counties and localities are also issuing their own emergency orders requiring masks, social distancing, and other protective measures, such as Oakland County, Washtenaw County, and Ingham County.

Additionally, the Michigan Occupational Safety and Health Administration (MIOSHA) adopted an Interim Enforcement Plan providing penalties for an employer’s failure to keep employees safe, such as failure to maintain social distancing or require face coverings. Many of the requirements contained in Governor Whitmer’s executive orders are mirrored in MIOSHA’s guidance.

Employers should continue to monitor the situation closely as changes arise. Keep in mind that whatever requirements remain or are put in place are the minimum requirements for employers to follow; and employers may implement more rigorous standards for keeping employees safe.

Action Items

APPLIES TO Employers and Hiring Entities of Six or More Philadelphia Employees

EFFECTIVE As Indicated

QUESTIONS? Contact HR On-Call (888) 378-2456

Mayor Jim Kenney recently signed two bills that amend the citywide paid sick and safe time ordinance, also known as the Promoting Health Families and Workplaces Ordinance (PHFWO).  The amendments (1) require employers and hiring entities to provide public health emergency leave (PHEL) for specific employees who do not receive benefits under the federal FFCRA, and (2) permanently amends the PHFWO to require compensation and medical care for specific healthcare workers who contract disease during declared pandemic.