The U.S. Department of Labor (DOL) recently issued a final rule that allows employers to pay bonuses or other incentive-based pay to salaried, nonexempt employees whose hours vary from week to week. Specifically, employers can pay bonuses, premium payments, or other additional pay, such as commissions and hazard pay, using the fluctuating workweek method of calculating overtime under the Fair Labor Standards Act (FLSA).

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The U.S. Department of Transportation (DOT) published a final rule updating the hours of service rules for commercial vehicle drivers.  Originally adopted in 1937, the hours of service rules specify how long commercial drivers are permitted to operate a vehicle.  A proposed rule was first published in August in 2019, and the final rule issued on May 14, 2020 contains four key changes:

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On May 6, 2020, Gov. Newsom issued an Executive Order stating that employees are presumed to have contracted COVID-19 in the workplace for purposes of receiving workers’ compensation benefits if certain criteria are met. A few weeks later, the California Department of Industrial Relations (DIR) issued FAQs to further explain how the Executive Order will be applied. The FAQs confirm that all California employees who work at a jobsite outside their home at the direction of their employer between March 19, 2020 and July 5, 2020 and who test positive for COVID-19 within 14 days of working at their jobsite are presumed to have contracted any COVID-19-related illness at work for the purposes of awarding workers’ compensation benefits. There is no distinction between employees working in “essential” industries or providing “essential” services and those who are not.

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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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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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