COVID

California Enacts Legislation Codifying COVID-19 Workers’ Compensation Presumption for Certain Groups of Employees and Imposing Employer Reporting Requirement

On September 17, 2020, California Governor Newsom signed SB-1159. Effective immediately, the bill adds three new sections to the California Labor Code (§§ 3212.86-3212.88) which create a rebuttable presumption that certain employees who test positive for COVID-19 contracted it in the workplace. For these employees, the legislation modifies the definition of “injury” for the purposes of workers’ compensation, to include illness or death resulting from COVID-19. The legislation also creates a COVID-19 reporting requirement for employers who employ at least five employees, and makes several other nuanced changes to the way employers must treat workers’ compensation claims based on COVID-19 infections. READ MORE

OSHA Issues New Guidance on COVID-19 Recording Obligations

On May 19, 2020, the Occupational Safety and Health Administration (OSHA) issued new enforcement guidance on employers’ recording obligations. The guidance clarifies when employers must record cases of COVID-19 as an occupational respiratory illness on the OSHA log. Effective Tuesday May 26, 2020, this new guidance supersedes the previous guidance from April 10, 2020. READ MORE

California Executive Order Allows Businesses To Assert An “Unforeseeable Business Circumstances” Exception to California WARN Act For Events Caused By COVID-19; Notice Must Be As Soon As Practical.

California maintains its own “mini” WARN Act, Labor Code section 1400, et seq., which requires employers with 75 or more employees to give 60 days’ notice prior to mass layoffs, substantial relocations, or termination of operations at a covered establishment.  Unlike the federal WARN Act, California’s statute also applies to furloughs as few as three weeks, according to a 2017 Court of Appeal decision in Int’l. Bhd. of Boilermakers, etc. v. NASSCO Holdings Inc., 17 Cal. App. 5th 1105, 226 (2017).  Also, unlike the federal WARN Act, California does not have an unforeseeable business circumstances or natural disaster exception to the 60-days’ notice requirement. READ MORE