Insight & Commentary on California Workplace Law Issues & Developments
To assist with protecting the essential workers who work in the agricultural industry, California’s Department Industrial Relations Division of Occupational Safety and Health (“Cal OSHA”) issued updated guidance on coronavirus (“COVID-19”) infection prevention procedures for employers in the agricultural industry.
While the guidance does not impose new legal obligations on employers, the guidance is meant…
On July 24, 2020, the State of California released a “COVID-19 Employer Playbook” to guide employers in planning and preparing for the safe reopening of their businesses. It combines guidance from various California agencies to ensure that employers have the tools they need to plan for a safe and clean workplace. Notably, the…
While many counties around California moved into accelerated reopening, San Francisco County set its own pace. Though San Francisco has paused some reopening for now, as COVID-19 infection rates change, additional businesses will eventually be permitted to reopen.
San Francisco created detailed requirements for businesses, whether essential or otherwise, to follow during the…
California has adopted the first nighttime work safety standards in the nation which apply to agricultural workers who harvest, operate vehicles, and other tasks between sunset and sunrise.
The new safety standards are being implemented to address potential workplace hazards caused by poor visibility and require employers to, at a minimum, evaluate each outdoor worksite…
As businesses reopen, employers will almost certainly be faced with the potential of a COVID-19 outbreak in the workplace. In addition to the industry-specific guidance for reopening that the State of California has issued, the California Department of Public Health (the Department) recently issued guidance for employers responding to a COVID-19 outbreak in the workplace.…
On June 18th the California Department of Public Health issued guidance broadly mandating that individuals in California wear face coverings in most circumstances. This new state guidance follows face-covering mandates previously issued by many California cities and counties.
The state guidance specifies that individuals engaged in work whether at the workplace or offsite must…
Requirements for recording and reporting of occupational injuries and illnesses are unique in California, with the state having more stringent obligations than federal Occupational Safety and Health Administration (“OSHA”) around both reporting of “serious injuries” and what constitutes a work-related injury or illness. To complicate the matter further for California employers, the State of California…
Under the California Workers’ Compensation Act (“the Act”), employers must carry workers’ compensation insurance for employee injuries or illnesses which “arise out of and in the course of” employment. The Act, first passed in 1911 and amended over the years by the Legislature, provides a comprehensive system for administering claims, including the provision of disability…
Recently, the California Court of Appeal reviewed an appeal regarding citations issued against a sheet metal company, Nolte Sheet Metal in Nolte Sheet Metal, Inc. v. Occupational Safety and Health Appeals Board.
One of the issues presented was whether Nolte freely and voluntarily consented to a Cal/OSHA inspection. Under the California Labor Code, Cal/OSHA…
On September 20, 2018, California Governor Jerry Brown signed into law Assembly Bill 2605. This new law provides that unionized employees at petroleum facilities who hold safety-sensitive positions are exempt from the requirement that employees be relieved of all duties during rest periods. The bill went into effect immediately and will remain in effect until…
