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Employers’ COVID-19-Associated Obligations Change Underneath New Laws


Three payments signed by Governor Gavin Newsom final week as soon as once more modify employers’ obligations to California workers who’re uncovered to or contract COVID-19.  An important facets of this spherical of mutations in COVID-19-related state legislation are summarized right here.

COVID-19 Supplemental Paid Sick Go away is Prolonged

Underneath Meeting Invoice 152, signed by Governor Newsom, employers should now allow California workers to make use of COVID-19 Supplemental Paid Sick Go away via December 31, 2022.  Prior legislation supplied that workers couldn’t use the Supplemental Paid Sick Go away after September 30.  Governor Newsom signed AB 152 on September 29, the day earlier than the Supplemental Paid Sick Go away program was scheduled to run out.

Considerably, AB 152 doesn’t credit score workers with further COVID-19 Supplemental Paid Sick Go away hours.  Relatively, workers who, as of September 30, 2022, had not exhausted their financial institution of Supplemental PSL hours, now have a further three months during which to make use of their out there Supplemental PSL hours, particularly, the fourth quarter of this yr.  Additional, any worker who, as of December 31, is utilizing their Supplemental PSL, will probably be entitled to stay on such depart into January 2023 as long as they qualify and have hours to attract on. 

As a consequence of the extension of workers’ proper to make use of the Supplemental PSL, employers should proceed via the top of the yr to show on workers’ paystubs the quantity of their out there COVID-19 Supplemental PSL aside from the workers’ common California paid sick depart.

AB 152 amends Labor Code sections 248.6 and 248.7.

Obligations to Notify Workers of Potential Publicity are Modified

Meeting Invoice 2693 permits employers to put up discover within the office of potential COVID-19 publicity as an alternative choice to giving written discover individually to every probably uncovered worker, as was required beneath prior legislation.  When posting discover, employers should “prominently show” the discover “in every single place” the place related office guidelines are posted and on any worker portal.  

The discover should embody:

– The dates when an worker, or an worker of a subcontractor, with a confirmed case of COVID-19 was on the premises inside the infectious interval;

– The places within the office of the exposures, though this data needn’t be so particular as to permit the COVID-19 case to be recognized;

– Contact data for individuals who can present workers data on out there COVID-19-related advantages, together with sick depart, staff’ compensation, and many others.; and,

– Contact data for workers to acquire the employer’s cleansing and disinfection plan.

The place employers select the posting various, the discover have to be within the language understood by the vast majority of the workers and in English.  The employer should put up the discover inside one enterprise day from when the employer learns of the potential publicity and proceed posting for at the very least 15 days. 

AB 2693 amends Labor Code part 6409.6.  Though part 6409.6 now permits workers to put up discover as an alternative of giving written discover of potential publicity to workers individually, the present Cal/OSHA Emergency Short-term Requirements (ETS) seem to proceed to require that lined employers give workers written discover of potential publicity, individually.  The most secure course for employers is, along with complying with the amended Labor Code part 6409.6, to additionally give particular person written discover with a purpose to fulfill the ETS.

Presumptions in Employees Compensation Instances are Prolonged

Prior legislation imposed a rebuttable presumption in sure staff compensation circumstances that dying or harm associated to COVID-19 was work-related, that’s, that the worker contracted the virus within the course and scope of employment.  Earlier than Governor Newsom signed AB 1751, the presumption was set to run out on January 1, 2023.  AB 1751 now extends the expiration date for one yr via January 1, 2024.  AB 1751 amends Labor Code sections 3212.86 via 3212.88.

Closing

Employers’ obligations to workers impacted by COVID-19 proceed to evolve in consequential respects.  It’s our hope that this temporary put up offers you a leg up.

Hyperlinks to the payments mentioned above are discovered right here: AB 152, AB 2693 and AB 1751.

When you’ve got questions or we might help on this topic, please contact your Fox Rothschild LLP lawyer or the creator.

This put up supplies common data and doesn’t represent authorized recommendation to any particular person with respect to any circumstance.  This put up doesn’t create an attorney-client relationship with any particular person.       

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