Last Update: 3/25/2020 at 12:00 p.m.

Emergency declarations – including a California state-wide stay at home order – and a variety of executive and health orders issued from federal, state, county, and city authorities in response to COVID-19 have temporarily changed or suspended a number of requirements for California employers. Sick leave regulations have been altered, paid leave laws are being considered at various levels of government, and the California WARN Act requirements have been relaxed. Additionally, a number of wage and hour, leave, and discrimination issues have arisen as companies adjust to telecommuting, social distancing, quarantine, and shelter-in-place practices implemented in their own businesses as well as the businesses of their suppliers and customers.

Our attorneys are monitoring the legal development associated with public authorities’ response to COVID-19 and its spread, and are ready to provide advice and counsel to clients struggling to navigate the rapidly changing landscape. If you have any questions about employment related issues connected with the public response to COVID-19, please contact us.

Novel Coronavirus 2019 (COVID-19) Quick Reference Guide

The following official resources will help employers stay up to date on the rapidly unfolding COVID-19 pandemic and its implications in the workplace. This Quick Reference Guide will be updated frequently by Nossaman attorneys, with detailed E-Alerts to follow.

PUBLIC HEALTH GUIDANCE AND UPDATES

Federal

• The World Health Organization provides a global perspective on the coronavirus pandemic, offering guidance, medical resources, and situation updates on the pandemic at large.

• The Center for Disease Control’s Coronavirus (COVID-19) webpage is the central destination for public health guidance, resources, and updates on the course of the COVID-19 pandemic in the United States.
  • The CDC offers Interim Guidance for Businesses and Employers and Cleaning and Disinfection Recommendations for businesses remaining in operation. The CDC strongly encourages coordination with state and local health officials.
  • Special guidelines apply to the healthcare industry and shipping industry.
  • The CDC also outlines strategies for long-term care facilities and nursing homes and higher education institutes to prevent the spread of COVID-19.

• Organizations and persons interested in COVID-19’s impact on the federal government’s healthcare programs may want to check out the Department of Health & Human Services website and the Center for Medical and Medicaid Services’ (“CMS”) current emergencies webpage on COVID-19.
• The U.S. Department of State issues travel advisories and updates on its dedicated COVID-19 webpage.

State and Local (California)

• On March 21, 2020, Governor Newsom issued executive order [Executive Order N-35-20], which addresses a host of issues impacting public agencies, health care, and statutory deadlines for filing specified claims.
• On March 19, 2020, Governor Newsom issued a statewide stay-at-home order to combat the spread of COVID-19. Under the Governor’s executive order, California residents must now obey directives issued by California’s Department of Public Health, including an order to stay home except as needed to maintain continuity of operations of the federal critical infrastructure sectors. The order takes effect immediately, and will remain in place until further notice.
  • [UPDATE] The State Public Health Officer has issued guidance clarifying which industries are critical.
  • The U.S. Cybersecurity & Infrastructure Security Agency (CISA) offers a detailed overview of the 16 critical infrastructure sectors.
  • The CISA memorandum referenced in California’s statewide stay-at-home order identifies industries in 14 critical infrastructure sectors, some of which are not listed on the CISA website. Employers should work with counsel to determine whether they may keep their operations open.
  • California-specific public health orders, resources, and updates on the COVID-19 pandemic are available on the dedicated Coronavirus (COVID-19) in California website. Further information on the stay-at-home order can be found here.
  • The California Department of Public Health’s website also offers public health information and updates on the COVID-19 pandemic.

• Prior to the Governor’s stay-at-home order, several California counties and cities issued shelter-in-place orders or directives. Please note that the following orders are superseded to the extent they are inconsistent with the statewide stay-at-home order and any future orders issued by the Department of Public Health.
  • Bay Area and Northern California
    • Alameda County
    • City of Berkeley
    • Contra Costa County
    • Daly City
    • Humboldt County (forthcoming)
    • Lake County
    • Marin County
    • Mendocino County
    • Napa County
    • San Francisco County
    • San Mateo County
    • Santa Clara County
    • Sonoma County
    • Solano County
    • Placer County (directive apparently ordering residents to shelter in place)
    • Sacramento County
    • Yolo County
  • Central Valley
    • City of Fresno
  • Central Coast
    • Santa Cruz County
  • Southern California
    • City of Palm Springs
    • Los Angeles County
    • Orange County (providing social distancing and self-isolation guidelines; but clarifying that a shelter-in-place order is not in effect)
    • San Diego County (banning groups of 10 or more people and closing specified businesses, but not ordering shelter-in-place)

• A Directory of Local Health Departments is available on the National Association of County and City Health Officials’ (NACCHO) website. This feature should help employers to quickly find their county’s local health department’s website and contact information. Employers should work with counsel to navigate the various state and local public health orders.

EMPLOYMENT LAW RESOURCES

Federal

• The U.S. Department of Labor (“DOL”) has a Coronavirus Resources webpage to help employers and workers navigate workplace safety, wage and hour, leave, unemployment insurance, and other employment-related issues.
  • The DOL Wage and Hour Division provides answers to frequently asked questions about COVID-19 under the Fair Labor Standards Act (FLSA) and the Family and Medical Leave Act (FMLA).

• The Equal Employment Opportunity Commission (“EEOC”) has issued guidance considering the implications of the 2009 H1N1 flu pandemic on employer obligations under the Americans with Disabilities Act (“ADA”). According to the EEOC, this guidance is directly applicable to the novel coronavirus outbreak.

• The Occupational Safety and Health Administration (“OSHA”) offers employers and workers a wealth of information on the workplace safety aspects of the COVID-19 pandemic.
  • In particular, OSHA has issued Guidance on Preparing Workplaces for COVID-19.
  • Employers should also be aware of key OSHA standards that apply during this pandemic.

• On March 18, 2020, President Trump signed House Resolution 6201 into law. Among other things, HR 6201, known as the “Families First Coronavirus Response Act” (“FFCRA”), greatly expands the FMLA and creates a new federal paid sick leave law, both requiring covered employers to provide employees with paid leave due to the COVID-19 pandemic. Stay tuned for Nossaman’s summary of this new law.
  • [UPDATE] On March 24, 2020, the DOL published guidance on the FFCRA in the form of a Fact Sheet for Employers, a Fact Sheet for Employees, and a Question and Answers The guidance clarifies that the FFCRA takes effect on April 1, 2020. More guidance to be issued by the DOL
  • [UPDATE] On March 24, 2020, the DOL also issued Field Assistance Bulletin No. 2020-1, announcing that it will not bring enforcement actions under the FFCRA during the period of March 18, 2020, to April 17, 2020, provided that employers are taking reasonable, good faith steps to comply with the FFCRA.
  • [UPDATE] On March 25, 2020, the DOL published model FFCRA workplace posters for federal employers and for all other covered employers. Frequently Asked Questions and Answers on the notice posting requirement are now available.

California

• The Labor and Workforce Development Agency’s Coronavirus 2019 Resources for Employers and Workers is a good starting point for seeking guidance on employment issues arising from the novel coronavirus pandemic. The webpage aggregates official resources on California’s Paid Sick Leave laws, disability and unemployment insurance programs, workplace health and safety guidance, and other helpful information.
• The Employment Development Department (“EDD”) has set up a webpage providing information about wage replacement programs, alternatives to layoffs, and resources for both employees and employers. The EDD also offers answers to frequently asked question about California’s wage replacement programs and resources for employers affected by the novel coronavirus pandemic. A helpful chart outlining the benefits that employees may be entitled to during this time is also available.
• The Division of Labor Standards Enforcement (“DLSE”) has published answers to frequently asked questions regarding paid sick leave, school emergency leave, and compensation issues.
• The Division of Occupational Health and Safety (Cal/OSHA) offers Guidance on Requirements to Protect Workers from Coronavirus and Interim Guidelines for General Industry on 2019 Novel Coronavirus Disease (COVID-19).Cal/OSHA also provides specific guidelines for health care employers and employees.
• On March 17, 2020, Governor Newsom issued Executive Order N-31-20 temporarily relaxing the California’s Worker Adjustment and Retraining Notification Act (“CalWARN Act”), which requires employers to give workers at least 60-days’ notice in advance of business closures and mass layoffs. Employers now must give employees "as much notice as is practicable" and provide "a brief statement of the basis for reducing the notification period." This order is in effect until California’s state of emergency is lifted.
  • [UPDATE] California’s Labor and Workforce Development Agency issued the following guidance regarding the Governor’s Executive Order N-31-20.
• [UPDATE] San Francisco Paid Sick Leave: Although this Quick Reference Guide does not track employment laws enacted by local governments, employers in San Francisco should be aware that on March 24, 2020, the San Francisco Office of Labor Standards Enforcement issued new guidance regarding the use of paid sick leave arising from the COVID-19 pandemic. This guidance supersedes guidance published on March 16, 2020.

Employers should work with counsel to ensure they are meeting their statutory and regulatory obligations under the laws touched upon in this Quick Reference Guide.