IMPORTANT! CDC COVID-19 Update for Employers

APPLIES TO

All Employers

EFFECTIVE

March 1, 2024

QUESTIONS?

Contact HR On-Call

(888) 378-2456

Quick Look

  • The CDC eliminates COVID-19 testing protocols and isolation periods following 24 hours after fever elimination without the use of fever-reducing medication.
  • People must still take precautions during the five days following return to normal activity.
  • There is no change to prevention and isolation rules in healthcare settings.
  • Employers should still follow stricter local/industry isolation guidelines, if applicable.

Discussion

The U.S. Centers for Disease Control (CDC) recently issued updated guidance relating to managing COVID-19 illness. Similar to recent shifts in Oregon and California, the CDC is moving away from specific COVID-19 guidance, opting for a combined approach to respiratory viruses (e.g., COVID-19, the flu, and RSV) to make it easier for people to follow.

 

What is the new guidance?

The new guidance tells people to stay home and away from others if they have respiratory virus symptoms, including fever, chills, fatigue (tiredness), cough, runny or stuffy nose, headache, chest discomfort, chills, decrease in appetite, diarrhea, muscle or body aches, new loss of taste or smell, sneezing, sore throat, vomiting, weakness, or wheezing. People can return to their normal activities 24 hours following the end of a fever (without fever-reducing medication) and their symptoms are improving. However, people are instructed to take precautions for the next 5 days (following the 24-hour period after a fever has ended and symptoms are improving), such as taking additional steps for cleaner airhygiene, masksphysical distancing, and/or testing when around other people indoors.

 

What does this mean for employers?

Employees no longer must test for COVID-19 or isolate for five days following a positive test. However, they should stay home for the required 24-hour period following resolution of a fever and improving symptoms following respiratory illness. They should also take safety precautions during the five days following return to normal activity. Keep in mind that OSHA requires employers to provide a safe work environment, which means adhering to appropriate public health guidance. Employers should continue to evaluate their workplaces to determine the best approach applicable to their circumstances.

 

Employers must continue to take paid sick leave, family and medical leave, and disability accommodation requirements into account when employees are sick, have an accommodation need, or are otherwise at high risk for contracting severe respiratory viruses. The CDC continues to highlight vaccination for reducing the risk of severe illness from respiratory viruses. Employers may continue to encourage vaccination to minimize the impact of illness in the workplace and should consider including COVID-19 vaccinations when offering onsite flu shot clinics.

 

Can employers still require a testing and isolation protocol?

Employers may maintain more strict precautionary requirements surrounding respiratory viruses provided they are consistent with job duties and business need. Keep in mind that some states still have rules against mandated COVID-19 vaccination or that prohibit discrimination based on having or not having received vaccinations.

 

What should employers do in jurisdictions/industries with more strict protocols?

Employers should continue to follow requirements in areas where public health agencies have more strict rules. This situation will likely be quickly evolving as jurisdictions evaluate the CDC’s guidance in determining whether to make any changes to their own rules.

 

Does the updated CDC guidance apply to healthcare settings?

No. The guidance for healthcare settings did not change. Those employees must still test for COVID-19 and wear masks and other personal protective equipment, as required. Employees testing positive for COVID-19 must also still follow isolation protocols.

 

Action Items

  1. Review the CDC’s updated guidance here.
  2. Follow paid sick leave, family and medical leave, and disability accommodation laws when employees are eligible.
  3. Have policies and procedures updated.
  4. Have appropriate personnel trained on the new guidelines.

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. © 2024 ManagEase

Immigration Updates from USCIS

APPLIES TO

All Employers

EFFECTIVE

As Indicated

QUESTIONS?

Contact HR On-Call

(888) 378-2456

Quick Look

  • USCIS increased the filing fees for certain immigration and naturalization benefit requests.
  • Fiscal Year 2025 H-1B cap lottery opens on Wednesday March 6, 2024 at noon ET and ends on Friday March 22, 2024 at noon ET.
  • USCIS will implement a new “beneficiary-centric” system in an effort to ensure that all workers have the same chance of selection during the H-1B cap lottery process.

Discussion

In the last month, we saw some important immigration-related updates come from U.S. Citizenship and Immigration Services (USCIS). These developments are summarized below.

USCIS Increased Filing Fees

On January 30, 2024, the USCIS announced a final rule to adjust certain immigration and naturalization benefit request fees for the first time since 2016. The final rule goes into effect on April 1, 2024.

The rule contains a significant change concerning varying filing fees based on visa type. For example, the H-1B visa base filing fee increased from $460 to $780; whereas L-1 intracompany transferee visas increased from $460 to $1,385. Of note, the new fee structure will provide special fee discounts for qualifying small employers and non-profit entities. Under the rule, a small employer is defined as those having 25 or fewer full-time employees. A full list of the increased fees can be found here.

Fiscal Year 2025 H-1B Lottery Dates

The USCIS announced the dates for the fiscal year 2025 H-1B cap lottery, which opens on Wednesday March 6, 2024 at noon ET and ends on Friday March 22, 2024 at noon ET. This annual lottery is meant to select new H-1B candidates who will be eligible to file an H-1B petition. If approved, these individuals will be eligible to begin H-1B employment on October 1, 2024. Generally, this lottery is completed through a USCIS random computer-generated selection process, selecting enough electronic registrations to meet the annual H-1B quota.  This includes an annual regular quota for the H-1B category of 65,000 workers, and an additional annual “master’s” quota of 20,000 workers who have obtained their master’s degree or higher from an accredited U.S. university.

New Beneficiary Selection Process

On February 2, 2024, the USCIS also announced a new rule intending to make the H-1B process more fair for all applicants by minimizing the effects of multiple registrations unfairly increasing certain applicants’ chances for selection. Effective March 4, 2024, USCIS implemented a new “beneficiary-centric” system in an effort to ensure that all workers have the same chance of selection. The new system implements measures to require a beneficiary’s valid passport or travel document information at the time of registration. It also prohibits a beneficiary from being registered under more than one passport or travel document. This will make the selection process beneficiary-specific, rather than allowing for multiple registrations on behalf of the same worker.

The new rule allows for USCIS to exercise discretion in valid instances of a “legal name change due to marriage, change in gender identity, or a change in passport number or expiration date due to renewal or replacement of a stolen passport in between the time of registration and filing the petitions.” In these situations, the H-1B petition filed on behalf of the beneficiary must contain evidence of the valid change or circumstances.

Action Items

  1. Review USCIS’s updated filing fees here.
  2. Review USCIS’s new rule governing the H-1B cap lottery process here.
  3. Consult with legal counsel on questions related to specific immigration and/or visa related situations.

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. © 2024 ManagEase

DHS Immigration Protection for Workers Assisting in Labor and Employment Investigations

APPLIES TO

All Employers

EFFECTIVE

February 12, 2024

QUESTIONS?

Contact HR On-Call

(888) 378-2456

Quick Look

  • Workers participating in or otherwise involved in a federal, state, or local labor and employment agency investigation or enforcement action are eligible for deferred action from DHS.
  • Deferred action is a deferred removal action for a noncitizen for a certain time period.
  • DHS may also grant employment authorization along with deferred action.

Discussion

On February 12, 2024, the Department of Homeland Security (DHS) restated its protections for workers participating in or otherwise involved in a federal, state, or local labor and employment agency investigation or enforcement action. Such workers are eligible for deferred action. Deferred action is a deferred removal action for a noncitizen for a certain time period. DHS hopes to incentivize victims or witnesses of labor and employment violations to willingly report violations and cooperate in investigations. Victims of certain crimes and victims of human trafficking may also be eligible for deferred action.

 

Eligibility will be determined on a case-by-case basis. Those who are approved can request deferred action for a period of up to two years with additional extensions possible. DHS may also grant employment authorization along with deferred action. DHS can terminate the deferred action at any time. Employers should review and update their policies for reporting employment and labor violations and initiating prompt investigations. Employers should also review their processes for obtaining proof of work authorization.

 

Action Items

  1. Review the DHS announcement and FAQs here.
  2. Review and update policies regarding reporting of employment and labor violations.
  3. Have appropriate personnel trained on the requirements.

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. © 2024 ManagEase

SCOTUS Says Retaliatory Intent Not Required for SOX Whistleblowing Claim

APPLIES TO

All Publicly Traded Companies

EFFECTIVE

February 8, 2024

QUESTIONS?

Contact HR On-Call

(888) 378-2456

Quick Look

  • The Supreme Court clarifies the framework for whistleblower claims under the Sarbanes-Oxley Act.
  • Plaintiffs do not need to prove “retaliatory intent,” but instead need to prove that their whistleblower activity was a contributing factor in their termination.

Discussion

In Murray v. UBS Securities, LLC, the Supreme Court stated that a whistleblower does not need to prove that an employer acted with retaliatory intent when invoking the protections of the Sarbanes-Oxley Act of 2002 (SOX). Instead, a plaintiff only needs to show that their protected whistleblower activity was a “contributing factor” in their termination. Upon this showing, the burden transfers to the defendant to prove it would have terminated the plaintiff even absent the protected activity.

In this case, the plaintiff worked as a research strategist in a role that required him to certify that his reports to the employer’s customers were independently produced and reflected his own views. The employee informed his supervisor “that two [company leaders] were engaging in what he believed to be unethical and illegal efforts to skew his independent reporting,” and the employer terminated his employment shortly thereafter. The employee filed suit, alleging his termination was in retaliation for expressing his concerns.

In deciding the case, the Supreme Court reasoned that if an employer takes any adverse action because of an employee’s whistleblowing activity, that action constitutes “actionable discrimination,” and the employer’s lack of retaliatory intent is irrelevant.  In other words, the term “discrimination” does not necessarily require retaliatory intent. This decision also aligns with the Court’s interpretation of Title VII’s discrimination framework. Once the plaintiff has made a showing that their whistleblower activity was a contributing factor in their termination, the plaintiff must still demonstrate causation between the whistleblower activity and the adverse action taken by the employer.

Action Items

  1. Review anti-discrimination, retaliation and harassment policies for compliance.
  2. Update company reporting procedures to confirm employee complaints and/or concerns are properly collected, investigated, and rectified.
  3. Have appropriate personnel trained on how to handle and respond to employee complaints and concerns.
  4. Engage a third-party investigator when necessary to ensure whistleblower complaints and investigations are handled properly.
  5. Consult with legal counsel before taking adverse action against employees who have submitted a work-related complaint, whether formal or informal.

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. © 2024 ManagEase

OSHA Proposes Rule for Protecting First Responders

APPLIES TO

All Employers of First Responders

EFFECTIVE

Pending

QUESTIONS?

Contact HR On-Call

(888) 378-2456

Quick Look

  • OSHA’s proposed Emergency Response Rule (Proposed Rule) seeks to provide basic workplace protections for workers who respond to emergencies as part of their regularly assigned duties.
  • The Proposed Rule would expand the scope of protected workers to those who provide emergency medical services and technical search and rescue operations.

Discussion

The Occupational Safety and Health Administration’s (OSHA) proposed Emergency Response Rule (Proposed Rule) seeks to provide basic workplace protections for workers who respond to emergencies as part of their regularly assigned duties. The Proposed Rule would replace the Fire Brigades standard which was enacted in 1980 and only applies to firefighters. The Proposed Rule would expand the scope of protected workers to those who provide emergency medical services and technical search and rescue operations. The prior rule also did not address the full range of hazards facing emergency responders, lagged behind changes in protective equipment performance and industry practices, conflicted with industry consensus standards, and was not aligned with many current emergency response guidelines provided by other federal agencies.

 

The Proposed Rule is lengthy and comprehensive in its scope since no significant updates to the prior rule were made in over 40 years. Although employers should review the entire Proposed Rule, there are certain requirements they should pay attention to. The Proposed Rule incorporates the National Fire Protection Association standards which focus on firefighting training, personal protective equipment, health and safety requirements, and apparatus. Rules for Workplace Emergency Response Employers or Teams (WEREs or WERTs) are also included. WEREs or WERTs are found in chemical plants, refineries, large manufacturing facilities, and power generation facilities. This is so owners and operators of those facilities can have on-site fire departments and/or emergency medical responders in the event of an emergency.

 

The Proposed Rule also covers vehicle preparedness and operational requirements, going so far as to imply personal vehicles operated by volunteer fire fighters or emergency medical responders who use their own vehicles to respond to emergencies are covered. OSHA also intends that volunteer fire departments and volunteer emergency medical services be covered by this standard. Lastly, the Proposed Rule calls for the creation of minimum medical requirements in line with the requirements of the position, ongoing medical evaluations, and fitness programs with no exceptions for age or disability. Also, mental health services must be provided for those exposed to potentially traumatic events.

 

Employers should begin making preparations for complying with the Proposed Rule since the requirements may be difficult to implement. Private employers who support public or quasi-public providers may need to negotiate agreements to help implement the Proposed Rule’s requirements as well. The comment period for the Proposed Rule closes on May 6, 2024.

 

Action Items

  1. Read the Proposed Rule here.
  2. Check the OSHA website for updates.

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. © 2024 ManagEase

First Circuit: Clarification of Maine’s Equal Pay Act

APPLIES TO

All Employers with Employees in ME

EFFECTIVE

February 1, 2024

QUESTIONS?

Contact HR On-Call

(888) 378-2456

Quick Look

  • Maine’s Equal Pay Act does not require a showing of intent to prove pay discrimination.
  • The only allowable reasons for paying someone of the opposite sex a higher wage for the same kind of work are seniority, merit pay, or shift differentials.

Discussion

In Mundell v. Acadia Hospital Corp., the First Circuit Court of Appeals stated that the Maine Equal Pay Act does not require a showing of intent to prove pay discrimination. Instead, an employer will face liability under the Maine Equal Pay Act when employees of one sex are being paid less than employees of the opposite sex for comparable work in comparable jobs, regardless of intent, unless the employer can demonstrate that the disparity stems from seniority, merit, or shift differentials.

In this case, Mundell worked as a licensed clinical psychologist where she earned an hourly rate of $50 per hour. In her lawsuit, Mundell alleged that the hospital violated the state’s equal pay law by paying Mundell’s male counterparts in the department between $90 to $95 per hour. On appeal, the hospital argued that the lower court’s decision in favor of Mundell was incorrect because the hospital’s intent to discriminate was not established. Instead, the hospital claimed a reasonable-factor-other-than-sex defense and cited “market factors” to explain the difference in pay.

The court found it significant that the Maine equal pay law had previously been amended to remove the broad catch-all defense for any “other reasonable differential except difference in sex,” and therefore provides greater protections than those provided under the federal Equal Pay Act, which contains a similar catch-all defense for pay differentials. Looking at the plain language of the law, the court found that the only allowable reasons for paying someone of the opposite sex a higher wage for the same kind of work are seniority, merit pay, and/or shift differentials.

Because of this, the court declined to accept the hospital’s “reasonable factor other than sex” defense and found instead that the hospital had violated the state’s equal pay law by failing to compensate Mundell in line with her male colleagues.  The court also noted that the Maine legislature recently broadened the state’s Equal Pay Act to include pay discrimination based on race.

Action Items

  1. Conduct an equal pay audit.
  2. Review pay differentials for similar positions with legal counsel.

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. © 2024 ManagEase

California: CPRA is Now Enforceable!

APPLIES TO

All Employers subject to the CCPA/CPRA

EFFECTIVE

February 9, 2024

QUESTIONS?

Contact HR On-Call

(888) 378-2456

Quick Look

  • The CPRA is enforceable as of February 9, 2024 by the CPPA.
  • Employers must act now to ensure compliance.

Discussion

 

Although the law has been in effect, enforcement of the California Privacy Rights Act (CPRA) was stayed on June 30, 2023 until March 29, 2024 to allow for a 12-month implementation period of released regulations. However, on February 9, 2024, a California Court of Appeal in California Priv. Prot. Agency v. Superior Ct. of Sacramento Cnty. reversed the stay of enforcement of the March 29, 2023 regulations. Even though the California Privacy Protection Agency (CPPA) failed to adopt final regulations by July 1, 2022 as directed by the CPRA, the court said there was no clear requirement in the CPRA mandating a one-year delay between regulation finalization and enforcement. This means that the CPRA is currently enforceable by the CPPA.

 

The CPRA applies to all private businesses (regardless of location) with annual gross revenues exceeding $25 million or who buy, sell, or share consumers’ personal information at certain thresholds. Importantly, workforce personal information is not exempt from the consumer data privacy amendments. If covered businesses have job applicants or workers located in California, they must comply with the privacy rules for those individuals.

 

Employers must complete a data inventory of all their workforce personal information and categorize it based on the information type and business purpose or use. Employers also need to implement privacy policies as well as notices to provide to workforce members at the point personal information is collected. Contracts with third parties must also include language referencing the third parties’ obligations under the CPRA. Employers must have an internal process for directing workforce members who want to exercise their consumer rights and train the employees responsible for managing workforce personal information and responding to rights requests.

 

Employers should note that the CPPA has been enforcing violations of the California Consumer Privacy Act (CCPA) and will continue to “vigorously” enforce the CPRA, barring any further legal developments. Employers should act now to ensure compliance!

 

Action Items

  1. Review the CPPA website for guidance.
  2. Implement and update privacy notices and policies for compliance.
  3. Review vendor agreements and security of consumer personal information.
  4. Review procedures for handling privacy requests.

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. © 2024 ManagEase

California: Updated Pay Data Reporting Guidance

APPLIES TO

Private Employers with 100+ EEs filing EEO-1 reports

EFFECTIVE

February 1, 2024

QUESTIONS?

Contact HR On-Call

(888) 378-2456

Quick Look

  • Employers must use updated report templates when filing pay data reports by May 8, 2024.
  • Reports must now identify whether workers are remote.
  • Employers cannot report “unknown” data for labor contractor employees.

Discussion

Private employers with 100 or more total employees, with at least one employee in California, who are required to file EEO-1 reports must also file separate pay data reports with the state by May 8, 2024. Required pay data is reported according to race, ethnicity, and gender. Private employers with 100 or more employees hired through labor contractors must also submit a separate pay data report for those workers in California. Note that employers must report on their workers assigned to California establishments and/or working within California. Employers may not report on workers who are working outside of California and are assigned to an establishment outside of California.

 

The California Civil Rights Department (CRD) recently updated its guidance to assist employers with their filing obligations. The guidance generally remains consistent with some key updates.

 

Updated Report Templates. Importantly, the CRD updated the User Guide, report templates, training slides, and its reporting portal. Employers must use the newest reporting templates as the portal will reject old versions. The templates have also been enhanced with embedded instructions when hovering the cursor over columns.

 

Remote Worker Data. Employers must now report whether employees worked remotely during the Snapshot Period. A “remote worker” includes a payroll or labor contractor employee who is entirely remote, teleworking, or home-based, and has no expectation to regularly report in person to a physical establishment to perform work duties. Employees in hybrid roles or (partial) teleworking arrangements expected to appear in person to perform work at a particular establishment for any portion of time during the Snapshot Period would not be considered remote workers for pay data reporting purposes. The “Snapshot Period” is a single pay period between October 1 and December 31 of the Reporting Year.

 

Reporting “Unknown” Data. For Labor Contractor Employee Reports, reporting “unknown” race/ethnicity or sex of a labor contractor employee is no longer permitted. If an employee declines to voluntarily provide their race/ethnicity, employers must still report the employee using (in the following order): current employment records, other reliable records or information, or observer perception. If an employee declines to state their sex, employers must still report the employee as male, female, or non-binary, using current employment records or other reliable records or information, such as an employee’s self-identified pronouns.

 

Covered employers should be preparing to file the required reports by May 8, 2024. The CRD is actively pursuing non-filers, including seeking monetary penalties of $100 per employee for the first violation and $200 per employee for subsequent violations.

 

Action Items

  1. Review updated guidance here.
  2. Download the current User Guide and templates here.
  3. Prepare the required reports for timely filing.

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. © 2024 ManagEase

California: Background Checks Hindered by Lack of Access to Los Angeles County Data

APPLIES TO

All Employers with Employees in CA

EFFECTIVE

February 23, 2024

QUESTIONS?

Contact HR On-Call

(888) 378-2456

Quick Look

  • Los Angeles County Superior Court is no longer offering criminal search matches based on partial birth dates.
  • Employers must reevaluate their background screen programs for compliance.

Discussion

In 2021, in All of Us or None v. Hamrick, the California Court of Appeal stated that electronic court criminal records cannot be searchable by protected personal information. California Rules of Court, Rule 2.507(c) requires that courts exclude “date of birth” and “driver’s license number” from a court’s electronic court index. The Los Angeles County Superior Court recently issued a notice that it will no longer include the month and year of birth (i.e., a partial birth date) as criteria in its criminal name search engines.

 

This means that employers conducting background searches, including data from Los Angeles County Superior Court, will either receive an “unperformable search” result or delayed responses while data is verified as relating to the applicant or employee, if possible. The federal Fair Credit Reporting Act (FCRA) specifically prohibits criminal records from being matched to an individual based solely on having the same name as a defendant in a criminal case.

 

Employers should be evaluating their background screen procedures and requirements to determine whether additional steps should be taken to ensure proper completion of background screens. Until further legal action is taken on this issue, employers are left with navigating the roadblocks it presents.

 

Action Items

  1. Review background screening protocols with background check vendors to ensure procedures are used to meet business need.
  2. Review conditional offer letters to ensure contingencies for background checks are stated.

 


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. © 2024 ManagEase

California: COVID-19 Isolation Guidelines Reduced

APPLIES TO

All Employers with Employees in CA

EFFECTIVE

January 9, 2024

QUESTIONS?

Contact HR On-Call

(888) 378-2456

Quick Look

  • The CDPH removes COVID-19 isolation periods following 24 hours after fever elimination without the use of fever-reducing medication and with mild and improving symptoms.
  • People must still mask for 10 days following onset of symptoms or positive test.
  • There is no change to prevention and isolation rules in healthcare settings.
  • Employers must still follow Cal/OSHA’s Non-Emergency Regulations for COVID-19 in the workplace.

Discussion

The California Public Health Department (CDPH) recently updated its COVID-19 guidance to adjust isolation requirements. The CDPH has shifted the focus of its policies and priorities for intervention to protecting those most at risk for serious illness, and keeping recommendations consistent with the prevention of other endemic respiratory viral infections. COVID-19 vaccination remains the CDPH’s most important strategy to prevent serious illness and death from COVID-19, as well as focusing on early treatments to reduce the severity of disease once individuals are infected.

 

What is the new guidance?

The new guidance tells people to stay home if they have COVID-19 symptoms. People can end isolation 24 hours following the end of a fever (without fever-reducing medication) and their symptoms are mild and improving. However, people are instructed to mask for 10 days after becoming sick or testing positive. Masks may be removed sooner than 10 days following two sequential negative tests at least one day apart. Those with COVID-19 should avoid contact with people at higher-risk for severe COVID-19 for 10 days, including the elderly, those who live in congregate care facilities, those who have immunocompromising conditions, and that put them at higher risk for serious illness.

 

Do the Cal/OSHA Non-Emergency Regulations still apply to employers?

Yes. Employers must still follow the non-emergency regulations for COVID-19 cases. Because the regulations look to the CDPH rules on when isolation is required, the new CDPH isolation guidelines must be followed for individuals with COVID-19 symptoms. Note that for COVID-19 cases with no symptoms, there is no infectious period for the purpose of isolation or exclusion.

 

CDPH no longer recommends testing for all close contacts and instead recommends testing only for all people with new COVID-19 symptoms, and close contacts who are at higher risk of severe disease or who have contact with people who are at higher risk of severe disease. Regardless of CDPH recommendations, employers must continue to make COVID-19 testing available at no cost and during paid time to all employees with a close contact, except for asymptomatic employees who recently recovered from COVID-19. Employers must also still follow the regulations rules on outbreaks.

 

Does this updated guidance apply to healthcare settings?

No. ​This guidance does not apply to healthcare personnel. Healthcare personnel in general acute care hospital​​, acute psychiatric​ hospital, and skilled nursing facilities should continue to follow their industry-specific regulations.

 

Action Items

  1. Review the updated guidance here.
  2. Review updates to the Cal/OSHA Non-Emergency Regulation guidance here.
  3. Have policies and procedures updated.
  4. Have appropriate personnel trained on the new guidelines.

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. © 2024 ManagEase