California Approves COVID-19 Sick Pay for Employees

AB 84/SB 114 – COVID-19 Supplemental Paid Sick Leave (SPSL)

California lawmakers passed legislation to reinstate COVID-19 Supplemental Paid Sick Leave, providing most California employees with up to two weeks of sick pay if an employee or family member tests positive for COVID-19.

“As the Omicron surge intensified, workers screamed from the rooftops about the desperate need to reinstate COVID paid sick leave,” California Labor Federation Executive Secretary-Treasurer Art Pulaski said in a statement. “The governor and Legislature heard frontline workers loud and clear, and we appreciate them acting with urgency to get this done. Once again, California shows it’s a national leader on worker protections and COVID mitigation.”

Here is what employers need to know:

  • Applies to employers with 26 or more employees.
  • Retroactive to January 1, 2022 and will and will expire on September 30, 2022.
  • Requires employers to provide up to two weeks of SPSL to recover from COVID-19 or care for a family member.
  • Employees are entitled to 40 hours of SPSL for the following reasons:
  1. The covered employee is subject to a quarantine or isolation period related to COVID-19 as defined by an order or guidance of the State Department of Public Health, the federal Centers for Disease Control and Prevention (CDC), or a local public health officer who has jurisdiction over the workplace.
  2. The covered employee has been advised by a health care provider to isolate or quarantine due to COVID-19.
  3. The covered employee is attending an appointment for themselves or a family member to receive a vaccine or a vaccine booster for protection against COVID-19, limited to three days or 24 hours.
  4. The covered employee is experiencing symptoms or caring for a family member experiencing symptoms, related to a COVID-19 vaccine or vaccine booster that prevents the employee from being able to work or telework.
  5. The covered employee is experiencing symptoms of COVID-19 and seeking a medical diagnosis.
  6. The covered employee is caring for a family member who is subject to an order or guidance or who has been advised to isolate or quarantine.
  7. The covered employee is caring for a child, whose school or place of care is closed or otherwise unavailable for reasons related to COVID-19 on the premises.
  8. An additional 40 hours for an employee or family member tests positive.
  9. Maximum of 80 hours of leave. Part time employees receive a pro-rated amount of time.

Governor Gavin Newsome is expected to sign legislation this week, enacting the new law. If you have questions about COVID-19 Supplemental Paid Sick Leave or other new laws affecting your business, contact our employment law experts at Schneiders and Associates, L.L.P. at (805) 764-6370 or visit our website at www.rstlegal.com

The text of the bills can be found at:

https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB84

https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB114

By: Theodore Schneider, Esq.

Theodore Schneider assists his clients in Ventura County and surrounding areas, with respect to all aspects of personnel matters, including employee discipline, wrongful termination, retaliation, discrimination, hostile work environment, sexual harassment, leaves of absence, Americans with Disabilities Act, Fair Employment and Housing Act, Fair Labor Standards Act, and the California Labor Code. Ted also drafts and reviews employee handbooks and employment policies for his clients. Email Ted at tschneider@rstlegal.com.

Ventura County Mask Mandate – Update

Updated October 19, 2021

The Ventura County Public Health Officer has extended its indoor mandatory mask mandate, for both the vaccinated and unvaccinated. County officials are concerned about the increased transmission of COVID-19, specifically among the unvaccinated. The mandate requires all persons to wear a face covering indoors, including the workplace. Masks must also be worn inside all government buildings, restaurants and bars, retail outlets, venues, and gatherings.

The extension requires that all business owners and employers continue to require its employees, customers, clients, delivery persons, and vendors wear mask inside the building, regardless of vaccination status.

If you have questions about your Company’s COVID-19 policies, please contact Chris Correa at ccorrea@rstlegal.com or Ted Schneider at tschneider@rstlegal.com.

Annual Employment Law Update, 2021 – Webinar

The emergence of COVID-19 has changed the world as we once knew it; therefore, it should come as no surprise that the virus would impact employment law as well. California’s ever-changing employment laws will have employers scrambling to keep up in 2021! What are the reporting requirements if someone is exposed to COVID-19 at the workplace? What is the PPE requirement? Is my employee eligible for workers’ compensation benefits in the event of an outbreak? These are all new questions that employers need answers to.  The employment law attorneys at Schneiders & Associates are prepared to help!

Join us on Friday, January 22, 2021 at 8:30 am, when our employment law experts, Roy and Ted Schneider, will discuss the new employment law changes in 2021, via Zoom.

In addition to COVID-19 related employment law updates, there are several other employment law changes that the anticipated new year will bring. In addition to new laws related to COVID-19, other topics to be discussed include employee handbooks, wage and hour, contract employees, and much more! Do not miss the most important webinar of the year!

Click here to register for this event. For more information, please contact Marketing and Client Relations Director Angela Mumme at 805-764-6370 or by email at amumme@rstlegal.com

Annual Employment Law Update, 2021 – Webinar

The emergence of COVID-19 has changed the world as we once knew it; therefore, it should come as no surprise that the virus would impact employment law as well. California’s ever-changing employment laws will have employers scrambling to keep up in 2021!

What are the reporting requirements if someone is exposed to COVID-19 at the workplace? What is the PPE requirement? Is my employee eligible for workers’ compensation benefits in the event of an outbreak? These are all new questions that employers need answers to.  The employment law attorneys at Schneiders & Associates are prepared to help!

Join us on Friday, January 22, 2021 at 8:30 am, when our employment law experts, Roy and Ted Schneider, discuss the new employment law changes in 2021, via Zoom.

In addition to COVID-19 related employment law updates, there are several other employment law changes that the anticipated new year will bring. In addition to new laws related to COVID-19, other topics to be discussed include employee handbooks, wage and hour, contract employees, and much more! Do not miss the most important webinar of the year!

Register for this event. For more information, please contact Marketing and Client Relations Director Angela Mumme at 805-764-6370 or by email at amumme@rstlegal.com.  

Ventura County Employment Law Attorney, Ted Schneider, Comments on the New Federal Overtime Rules Issued May 18, 2016 under the Fair Labor Standards Act

By: Ted Schneider, Esq.

On Wednesday, May 18th, the U.S. Department of Labor released their final overtime rules under the Fair Labor Standards Act.

Salary

Under the new rules, effective December 1, 2016, the annual salary threshold at which an employee in California can be considered exempt from overtime pay will be substantially increased from $41,600 to $47,476, or $913 per week. An employee must be paid a predetermined and fixed amount that is no less than the new threshold. The changes will affect 4.2 million workers nationwide, doubling the annual salary threshold in some states.

The Labor Department set the standard salary level at the 40th percentile of earnings of full-time salaried workers in the lowest-wage census region.  The final rule includes a mechanism to automatically update the salary level requirement every three years to ensure that it remains a meaningful test for distinguishing between overtime-protected white collar workers and workers who may not be entitled to overtime pay and to provide predictability and more graduated salary changes for employers. The Department last updated these regulations in 2004, when it set the weekly salary level at $455 ($23,660 annually).

Duties

The final rule is not changing any of the existing job duty requirements to qualify for exemption.  It is important to note that salary alone does not determine whether a worker is exempt from overtime pay.  Employers must also consider the duties of the worker and how much independent discretion they have to exercise in their duties including hiring, firing, managing, and supervising.

In addition to earning at least the new salary threshold, in California, qualifying “executive, administrative, or professional” duties must be the majority of a worker’s duties in order for the employee to be exempt from overtime pay.

While employers have some time to prepare, it is important they make sure that they’re properly classifying and paying employees, and tracking time accurately. The attorneys at Schneiders & Associates can deliver legal guidance on this and other wage and hour questions any California employer may have.

Bonuses

The Final Rule amends the salary basis test to allow employers to use nondiscretionary bonuses and incentive payments (including commissions) to satisfy up to 10 percent of the new standard salary level.

Side Affects

Many employers already struggle with overtime costs. These rule changes affect wage and hour compliance for businesses of all sizes and can have a significant impact on their labor costs.

With the substantial increase in the number of employees eligible for overtime, it’s more important than ever for employers in California to examine their compliance with wage and hour laws. The experienced employment law attorneys at Schneiders & Associates, LLP advise employers on complex wage and hour issues.

For more information about Schneiders & Associates, LLP Employment Law services, visit our website at www.rstlegal.com. Interested clients may also contact info@rstlegal.com to schedule an appointment with an employment law attorney in our Oxnard, CA office.

New Bill Poses Limitations and Unnecessary Expenditures

By: Roy Schneider, Esq.

Early this year, an act to amend Section 4925 of the Civil Code, relating to common interest developments was introduced by assembly member, Don Wagner. The proposed bill will allow any community association member’s attorney to attend all association board meetings which the member may attend.

While it may seem like common sense to allow a member’s attorney to be present at any board meeting where he or she may be present, the realistic implications of the proposed bill pose discussion limitations and unnecessary expenditures for common interest association boards. For example: Not all associations currently have legal counsel, and those that do, do not always have their counsel attend the entire board meeting. Should a board choose to continue that approach, they could experience discussion limitations at meetings due to volunteer board members’ fears of liability and of how the discussions may be used in the future. In another instance, an association board may decide to combat liability and discussion limitations by having its own counsel present at all meetings- then threats of increased legal fees ensue.

If you serve as a volunteer on a community association board and you have questions about how this proposed bill amending section 4925 will impact the way your association board will operate, contact an attorney at Schneiders & Associates, LLP, a law firm providing comprehensive legal services including advice and assistance on these types of matters for more than thirty Homeowners Associations in Ventura, Santa Barbara, and San Luis Obispo Counties.

 

Employer Client Alert – New Heat Illness Prevention Regulations Effective May 1, 2015

The California Department of Industrial Relations, in conjunction with Cal/OSHA, announced amendments to the current heat illness prevention regulations.  The new law became effective May 1, 2015.  According to the DIR, the new heat illness prevention requirements offer additional safeguards for outdoor workers.  Revisions to the heat illness prevention regulation include the following:

  • Water must be pure, suitably cool, and provided free to workers.  It must be located as close as practicable to where employees are working so they can hydrate frequently during their shift. The employer must provide each employee with a minimum of one quart of water per hour for the entire shift.
  • When temperatures exceed 80 degrees Fahrenheit (prior regulation specified 80 degrees), shade is required for all workers on break, and for all those who take their meal periods onsite. For climates cooler than 80 degrees, shade must still be made available upon request.
  • Workers who take cool-down rest breaks must be monitored and asked if they are experiencing heat illness symptoms.
  • High-heat procedures (when temperatures exceed 95 degrees Fahrenheit) now include new employee monitoring requirements and mandatory pre-shift meetings to review high heat procedures, encourage employees to drink plenty of water, and remind employees of their right to take a cool-down rest break when needed.
  • High-heat procedures have been modified for the agriculture industry to mandate one 10-minute preventative cool-down rest break every two hours when temperatures equal or exceed 95 degrees Fahrenheit.
  • Employers must ensure that supervisors and workers are adequately trained to recognize and react to heat illness signs or symptoms and how to contact emergency medical services.
  • Any workers who display or report any signs or symptoms of heat illness, must not be left alone or sent home without being offered on-site first aid or emergency medical services.
  • All workers must be closely observed during a heat wave.
  • Any worker newly assigned to a high-heat area must be observed by a supervisor or designee during the first 14 days of employment.
  • Training must be provided for all outdoor workers before starting any work involving heat illness risk. The training must be presented in a language that employees understand, and must be documented.

The amendment increases the requirements of heat illness prevention plans.  If you would like us to review your current heat illness prevention plan for compliance with the new standards, or to assist you in creating a compliant plan, please contact the employment law attorneys at Schneiders & Associates, L.L.P.

Client Alert – AB 2755 Signed Into Law Prohibiting “Non-Voting Directors” on Non-Profit Boards

Governor Jerry Brown signed AB 2755, which amends Corporations Code Section 5047, to make it clear that a person is only a director as defined in the statute if that person has the right to vote as a member of the governing body and that a person who is a director by virtue of occupying a specific position within or outside the corporation (an ex officio director) can only be a director if that person has the right to vote as a member of the governing body. AB 2755 will take effect on January 1, 2015.

California Law Now Provides New Protections for Employees of Temp Agencies and Labor Contractors

Governor Brown recently signed into legislation AB 1897.  With this new law, California will have some of the country’s most comprehensive protections for temporary workers. The new law is designed to protect workers, including factory assemblers, hotel maids, warehouse workers, farm laborers, janitors, and food processors who often work for years at the same company, but are paid less and denied benefits because they are employed by a labor contractor, such as a temp agency.

The new law will hold companies legally responsible if the temp agencies and subcontractors they hire put workers in harm’s way or fail to pay them correctly.  Temporary workers are more likely to be injured on the job than regular workers.  Employers who utilize the services of labor contractors or temp agencies now will share with these companies all civil legal responsibility and civil liability for the payment of wages and the failure to obtain valid workers’ compensation coverage.

The law prohibits a client employer from shifting to the labor contractor legal duties or liabilities under workplace safety provisions with respect to workers provided by the labor contractor. Under the new law, companies could face fines if the temp agencies they use or their subcontractors fail to pay employee wages. The law affords companies a grace period to ensure temp agencies comply.

If your company contracts with temp agencies or labor contractors, and you would like to know more about your legal responsibilities to these individuals who perform work for your company, please contact the employment law attorneys at Schneiders & Associates, L.L.P.

Starting July 1, 2015, Employees Are Entitled to Paid Sick Leave

Last week, the Governor signed into law AB 1522:  The Healthy Workplaces, Healthy Families Act of 2014.

Existing law authorizes, but does not require, employers to provide their employees paid sick leave.  This bill enacts the Healthy Workplaces, Healthy Families Act of 2014 to provide that an employee who, on or after July 1, 2015, works in California for 30 or more days within a year from the commencement of employment is entitled to paid sick days.  This bill applies to employers of all sizes.  The law covers virtually all employees in California, other than certain union employees.

The sick days will accrue at a rate of at least one hour for every 30 hours worked.  The leave is paid at the employee’s normal hourly wage.  An employee would be entitled to use accrued sick days beginning on the 90th day of employment.  Employers will be permitted to limit an employee’s use of paid sick days to 24 hours (3 days) in each year of employment.  Employers that already provide paid sick leave or PTO at the minimum rates prescribed by this bill would not have to provide additional paid sick days pursuant to this law.  Consistent with current law governing paid sick leave, employers are not required to pay an employee for accrued, unused sick days upon termination.

The bill prohibits an employer from discriminating or retaliating against an employee who requests paid sick days.  The bill requires employers to satisfy specified posting and notice and recordkeeping requirements.  The bill authorizes the Labor Commissioner to impose specified administrative fines for violations, and authorizes the commissioner or the Attorney General to recover civil penalties against an employer who violates these provisions, as well as attorney’s fees.