Before 2020, the City of Santa Monica was one of a handful of cities that had a right of recall ordinance. However, since the beginning of the pandemic, many local governments enacted right to recall ordinances to return displaced workers to their prior positions. Recently, the state joined these local governments, passing SB 93 relating
Stephanie T. Yang
Travel Quarantine Requirements in California
In mid-November, as cases continued to rise, the California Department of Public Health issued a “travel advisory” which recommended quarantining for those who returned to the state from other states or countries. The advisory distinguished between “non-essential travel” such as tourism and “essential travel” such as for work, study, economic services, immediate medical…
Here We Go Again: California Employers Face Third Round of Stay-at-Home Orders
On December 3, 2020, the state issued a new regional stay-at-home order which requires additional industries to close or scale back operations based on intensive care unit (ICU) capacity in the region. The order separates the state into five separate regions, as opposed to the county-by-county approach used in previous regulations. The Bay Area region…
Statewide Right of Recall is Vetoed But Local Ordinances Persist
As California employers recover from the whirlwind of the 2020 Legislative Session, one bright spot is the Governor’s veto of Assembly Bill 3216, which would have established statewide recall rights and right of retention for laid-off employees. The Governor stated he had a concern of creating a “patchwork of requirements in different counties.” While…
Governor Signs Legislation Extending Exemption from Rest Period Requirements for Safety-Sensitive Employees at Petroleum Facilities
On September 30, 2020, Governor Newsom signed Assembly Bill 2479, which extends until January 1, 2026, the exemption from the rest period requirements for specified employees who hold a safety-sensitive position at a petroleum facility and are required to respond to emergencies. Before the passage of this legislation, the exemption was scheduled to remain…
San Francisco Clarifies Back to Work Ordinance Requirements
In July, San Francisco’s Back to Work ordinance went into effect. The ordinance requires employers operating in San Francisco to offer reemployment to eligible employees laid off as a result of the COVID-19 pandemic and the related stay at home and shelter in place orders issued by the City of San Francisco when they…
San Francisco Back to Work Emergency Ordinance in Effect as of July 3rd
At the end of June, the San Francisco Board of Supervisors passed an emergency ordinance creating a right of reemployment for certain employees laid off due to the COVID-19 pandemic. The ordinance became effective on July 3rd. Although Mayor Breed did not sign the ordinance, the City Charter allows the ordinance to take effect if…
San Francisco Passes Reemployment Ordinance
On June 23, 2020, the San Francisco Board of Supervisors passed an emergency ordinance temporarily creating a right to reemployment for certain employees laid off due to the COVID-19 pandemic. The ordinance, titled “Back to Work” emergency ordinance, requires that as certain employers reopen, they must first seek to rehire the employee who previously held…
San Jose Issues Guidance and Opinion Letter Regarding Supplemental COVID-19 Paid Sick Leave Ordinance
Soon after San Jose passed its supplemental paid sick leave ordinance to respond to the COVID-19 crisis, it issued further guidance regarding the leave. The Director of the Office of Equality Assurance, the office charged with enforcement of the emergency ordinance, has also issued an opinion letter to provide additional information.
The opinion letter addresses…
Mayor of San Francisco Signs Amended Public Health Emergency Leave Ordinance
Late April 17th, Mayor Breed signed the supplemental paid sick leave ordinance that earlier in the week, the Board of Supervisors had amended and passed. This was the same day that Mayor Breed announced an order requiring all individuals in public to wear face coverings.
The ordinance, like those passed by the…