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WORKPLACE DISCRIMINATION PREVENTION

Now with over 40 million residents andsome 950,000 employers, California leads the nation in the size and diversity of its workforce. Every employee in the state holds protections against discrimination, harassment and retaliation, primarily through theFair Employment and Housing Act(FEHA).

PANDEMIC LEAVE 2.0

On March 11, 2021, President Biden signed theAmerican Rescue Plan Act of 2021(ARPA), extending payroll tax credits provided under the federal Families First Coronavirus Response Act (FFCRA) into Fall, 2021.

STAY-AWAY “EXCLUSION” PAY

With only limited exceptions,Cal/OSHA’s mandatory COVID-19Emergency Temporary Standards(ETS) (effective November, 2020) apply to all California employers. See,What’s New in 2021: Infection Prevention Direction CAL/OSHA COVID-19 Emergency Temporary Standards(February 5, 2021)

PREVENTING DISCRIMINATION IN A PANDEMIC

Closely parallelingnational standards, California employers must balanceCOVID-19 health and safety guidelineswith the required Fair Employment and Housing Act (FEHA) protections for those who seek accommodation for aphysical or mental disabilityorreligious conviction and practice.

WHAT’S NEW IN 2021 ONE-STOP COVID SHOP NEW CALIFORNIA WEBSITE AND EMPLOYER PORTAL

The site also includes anemployer portal, a one-stop hub for California employers. After the employer anonymously answers questions on its location, industry business and current COVID-19 related practices, the portal generates a tailored “road map” containing a list of relevant links to current state and local COVID industry guidance to operate safely and lawfully.Labor Secretary Julie A. Su commented, “We recognize that in a public health crisis, guidelines and best practices are evolving. Th

ONE CERTAIN CONSTANT: CHANGE

Likely to be quickly signed by Governor Newsom,Senate Bill (SB) 95significantly expands California employer obligations to provide COVID-related paid sick leave in addition to established sick leave benefits, retroactive to January 1, 2021.

CAUTIONARY TALE EPISODE 40 BIG STICK COMPLIANCECAL/OSHA FINES NUMEROUS BUSINESSES FOR COVID-19 VIOLATIONS

Cal/OSHA continues to “encourage” business compliance with its pandemic regulations by targeting, fining and announcing violators on broad scale. Starting with several supermarkets and a frozen food plant we earlier reported,Cal/OSHA has now issued COVID-19 finesto businesses and facilities that include:

WHAT’S NEW 2021 GETTING UNDER THE HOOD NEW TOOLKIT FOR WORKPLACE LEAVE COMPLIANCE

The California Department of Fair Employment and Housing (DFEH) has published an importanttoolkitfor employer compliance with the 2021 expanded California Family Rights Act (CFRA) and the Pregnancy Disability Leave law (PDL). See,California’s Expanded Family and Medical Leave Significantly Impacts Small Business. (November 12, 2020)

WHAT’S NEW IN 2021 INFECTION PREVENTION DIRECTION CAL/OSHA COVID-19 EMERGENCY TEMPORARY STANDARDS

Effective November 30, 2020,Cal/OSHAissuedemergency temporary standardsor “ETS” to prevent the workplace spread of COVID- 19. The ETS contains a slate of mandatory measures applicable to all California employers with exceptions for ● employees working at home; ● one-employee worksites where there is no contact with others; and ● certain health care employers otherwise covered by Cal/OSHA’sAerosol Transmissible Diseasesguidelines.