On Thursday, Governor Newsom signed three more bills to protect California’s workers during the COVID-19 pandemic. California is already considered one of the most worker-friendly states to work during the pandemic, according to a recent Oxfam report which looks at measures like the amount of mandated paid leave and protection against forced return to work.
SB 1159 by Senator Jerry Hill (D-San Mateo) makes it easier for employees infected with COVID-19 to claim workers' compensation benefits. The law creates a rebuttable presumption that certain employees contracted the virus at work, thereby making them eligible for benefits.
AB 685 by Assemblymember Eloise Gómez Reyes (D-San Bernardino) requires businesses to inform their employees in writing within one business day if the business receives notice of a potential COVID exposure at the workplace. Under the new bill, CalOSHA is allowed to determine if certain workplaces are imminently hazardous enough to prevent certain operations and processes. Cal OSHA is also now authorized to issue citations for coronavirus violations without needing to follow the usual pre-citation requirements.
SB 1383 (19R) by Senator Hannah-Beth Jackson (D-Santa Barbara) expands the California Family Rights Act (CFRA). Starting in January 2021, SB 1383 will broaden coverage by extending job-protected leave to businesses with 5 or more employees, and by extending the list of relatives one can care for to include siblings, grandparents and grandchildren.
If you think you been denied family leave or have concerns about workplace safety, contact Teukolsky Law today for a free consultation.
On September 10, 2020, Governor Gavin Newsom signed AB 1867. Passage of the bill means that millions of Californians will now be eligible for up to 80 hours of supplemental paid sick leave during COVID-19. While many workers were already given paid sick leave under the federal FFCRA (Families First Coronavirus Response Act), this bill expands paid sick leave to employees working for private employers with more than 500 U.S.-based workers, and all health care providers and emergency response workers not covered under FFCRA. The bill also codifies existing paid sick leave provisions for food service workers.
To qualify for the expanded leave, the employee must perform work outside their home or residence and satisfy one of the following conditions: 1) be advised by a medical provider to quarantine due to coronavirus-related concerns; 2) due to COVID-19 concerns, not be permitted to work; or 3) be under a federal, state, or local isolation or quarantine order. The legislation will be enforced through the Labor Commissioner’s office; there is no private right of action to sue the employer directly in court.
New regulations such as these are essential for containing the spread of the coronavirus because they create a pathway for workers to stay home and not risk their health or their income. Keeping sick workers at home also stops the spread of COVID-19 to the general public. We are grateful to live in California, which was recently ranked #1 by Oxfam in terms of worker protections in a study entitled, "Best States to Work During COVID-19." Hopefully, California will continue to lead the way in worker’s rights legislation during the pandemic.
If you believe that your employer has failed to provide you with paid sick leave or you have any questions about your rights during the COVID-19 crisis, contact Teukolsky Law today for a free consultation.
On Wednesday, July 29 at 3pm, Lauren Teukolsky will present a training organized by the Legal Aid Foundation of Los Angeles on "Employment Issues During COVID-19: How Legal Services can Make a Difference for Low-Wage Workers." Pro bono attorneys, labor advocates, and others interested in workers' rights are encouraged to attend this live event. Ms. Teukolsky will be joined by two other employment law experts, Victor Narro and Matthew Clark.
The panel will delve into the impact of the pandemic on low-wage workers and how the legal community can make a difference. Ms. Teukolsky will be discussing leave laws, accommodations for employees with disabilities, wage-and-hour issues, Labor Code protections for workers who complain about unsafe workplace conditions, and other hot topics being faced by low-wage workers during the pandemic. The registration link is here.
Teukolsky Law attorney Ella Hushagen has created a new video for the California Employment Lawyers Association (CELA) discussing health insurance options following job loss. This topic is particularly germane for hundreds of thousands of Californians who are predicted to lose their jobs as a result of the COVID-19 pandemic. Losing health insurance during one of the biggest public health crises in recent memory is unimaginably stressful and could have ruinous consequences for individuals who require significant medical intervention as a result of COVID-19. In some cases, an employee's entire family will lose health coverage. It is important for all employees to understand their options and to have health care coverage. Watch Ella's video here.
CELA is a statewide organization of over 1,200 California attorneys who devote the major portion of their practices to representing employees in individual employment cases and class actions, including cases involving unpaid wages, discrimination, harassment, retaliation and whistleblowing.
Lauren Teukolsky is the founder and owner of Teukolsky Law, A Professional Corporation.