Insight & Commentary on California Workplace Law Issues & Developments
As 2021 draws to a close, here is a review of our articles about changes to California employment law that will continue to affect employers into 2022.
Legislative Changes
Statewide Right of Recall Bill Signed by Governor Newsom
New Legislation Signed Regarding Wage Theft
Expansion for CFRA Leave to Include Parents-in-Law and Modifications to DFEH…
Less than 24 hours after the California Department of Public Health’s (CDPH) new mask mandate went into effect, the CDPH updated its guidance to clarify the application of the mandate. Previously, the mandate by the CDPH referenced “indoor public settings” without further definition. In the updated guidance, the CDPH clarifies that “the guidance applies to…
The federal OSHA COVID-19 Emergency Temporary Standard (ETS) is currently paused while the Sixth Circuit decides its fate. Similarly, Cal/OSHA had previously postponed its discussions of changes to the state’s COVID-19 ETS to see what would happen with OSHA.
However, time is starting to tick on the current Cal/OSHA ETS, which expires on January…
As uncertainty about the federal OSHA Emergency Temporary Standard persists, Cal/OSHA’s Standards Board has announced it will not discuss the changes to California COVID-19 ETS at its November 18th meeting. The Board’s consideration of the Horcher proposal (a verbatim adoption of the federal OSHA regulation) will be delayed until there is a…
In June, California relaxed many of its COVID-19 restrictions, including allowing fully vaccinated individuals to go without a face covering indoors, with limited exception. Also in June, Cal/OSHA passed an amended Emergency Temporary Standard (“ETS”) that allowed for fully vaccinated employees to go without a face covering in most situations.
However, as California…
On October 5, 2021, Governor Newsom signed Assembly Bill 654 (AB 654), which expands the types of employers who are exempt from COVID-19 outbreak reporting requirements. Specifically, under AB 654, employers such as community clinics, adult day health centers, community care facilities, and child daycare facilities are exempt from COVID-19 outbreak reporting required under Assembly…
Without any fanfare, Cal/OSHA updated its FAQs for the emergency temporary standards (ETS) on September 21, 2021, to incorporate new guidance from the California Department of Public Health (CDPH).
Importantly, the CDPH has relaxed its quarantine recommendations for unvaccinated, asymptomatic workers. The ETS, which governs most workplaces in California, requires a 10-day quarantine period in…
On September 27, 2021, the Governor of California signed Assembly Bill 73 (AB 73) which expands worker protections from wildfire smoke.
In response to the COVID-19 pandemic, California enacted Health & Safety Code section 131021 last year. It requires the State Department of Public Health and Office of Emergency Services to establish a stockpile of…
California’s Governor has signed Senate Bill 606 (SB 606), which authorizes Cal/OSHA to issue a citation for egregious violation of an occupational safety or health standard, order, special order, or regulation for each willful violation determined by Cal/OSHA, and count each employee affected by the violation as a separate violation for purposes of the issuance…
After the announcement of President Biden’s COVID-19 Action Plan, employers across the country, including California started to consider how to implement vaccination and testing requirements, even ahead of clear guidance from the federal government.
California already has its own Emergency Temporary Standards (ETS) which were amended in June by Cal/OSHA. However, currently, the California…
