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CAUTIONARY TALE EPISODE 43 COVID SICK LEAVE NOT OPTIONAL

The California Labor Commissioner has citedBodega Latina Corporation $447,836 for the failure of three southern California El Super grocery stores to provide supplemental paid sick leave (PSL) for 95 workers impacted by COVID-19. The violations included requiring people to work while ill, telling some workers in COVID isolation to apply for unemployment instead of paying PSL, not allowing employees to quarantine after exposure to family members with a positive test, and delaying leave payments

PAY FAIR

In their bid to attract qualified job candidates in today's high demand- short supply labor market, employers must strictly comply with theCalifornia Fair Pay Act.

TIGHTEN UPREQUIRED VACCINATION FOR CERTAIN HEALTH CARE WORKERS

Tightening a statewide order issued only the week previous, theCalifornia Department of Public Health(CDPH) is nowordering certain health care providers- including hospitals, surgery centers, and medical clinics - to require COVID vaccination status of all "workers." Other providers, including dental offices, homeless shelters, and prisons, remain subject to theJuly 26, 2021 CDPHorder allowing unvaccinated workers as long as they COVID test at least once per week. See,Health Care Workers Must

RECALCULATING

On July 15, 2021, the California Supreme Court clarified the calculation for the additional hour of so-called premium pay whenever an employer fails to provide an employee with a compliant meal or rest/recovery period.Ferra v. Loews Hollywood Hotel, LLC(Ferra).

MY REAL PAY

At last count, I have practiced law for something like 43 years. While I don't see hanging up my spurs any time soon, the profession's rewards do not come close to the enduring satisfaction of my volunteer work in literacy and human rights in West Africa. After a near-two year pandemic-imposed hiatus and with an extraordinary team of dedicated African and American colleagues, I was able to continue that initiative over three weeks in Liberia last month.

HEALTH CARE WORKERS MUST VACCINATE OR REGULARLY TEST

On the rising wave of Delta variant cases, theCalifornia Department of Public Health(CDPH) isordering all health care providers- including hospitals, surgery centers, medical clinics and dental offices - to verify the COVID vaccination status of all "workers" and, for those unvaccinated, to require COVID testing at least once per week. The order also directs strict masking requirements for all healthcare workers whether or not vaccinated.

INDOOR FACE COVERINGS RESURRECTED

Under Cal/OSHA's revised June 17, 2021 Emergency Temporary Standards(ETS), vaccinated employees only had to wear face coverings indoors for certain outbreaks or in other settings,i.e.,public transit, K-12 educational facilities, health care and long-term care facilities, or correctional and detention facilities and shelters.

COMPETITION FREE-FOR-ALL

In an ideal employer-friendly world, business could require workers to sign agreements barring their competing with the company upon termination. California, however, bans most non-competes in the single, unequivocal sentence ofBusiness and Professions Code 16600: "[With very limited exceptions], every contract by which anyone is restrained from engaging in a lawful profession, trade, or business of any kind is to that extent void."

STAYING ABREASTWORKPLACE PANDEMIC POLICIES & PROTOCOLS

Through 18 months and counting, the pandemic has brought one constant for California employers: change.