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CORRECTED – 7/10 — Some Coronavirus / COVID Employment Law Updates for California Employers # 15

by D. Gregory Valenza | | Jul 7, 2020

EDITED / CORRECTED – to recognize that the San Francisco “Back to Work” ordinance is effective.

Greetings.  Welcome to installment 15 of Coronavirus / COVID related information for California employers.  Review the other installments on the blog here.

Federal OSHA has updated guidance for returning employees to work.  See the guide here.

CORRECTION 7/10/20 –  San Francisco in fact enacted an ordinance requiring some employers to re-hire employees previously laid-off due to COVID shutdowns. London Breed, the Mayor of San Francisco,  did not sign the Ordinance. However, she did not “veto” it (as I previously, mistakenly wrote).  There is a difference between “vetoing” and “returning unsigned” legislation to the Board of Supervisors. Because Mayor Breed did not sign the ordinance, the effective date of the Ordinance was 7/3/20.  The text of this ordinance, which is still “redlined” from amendments, is here.  This is a temporary measure, which applies to *some* employers of 100 employees or more. In essence the new ordinance requires covered employers, who laid off workers after February 25, 2020 and who are rehiring employees, to offer the jobs to the employees laid off first. It also imposes new recordkeeping, notice, and reporting requirements that are not the same as required under the federal and state WARN Acts. To be frank, this ordinance is a byzantine mess, which crushes already-shorthanded employers with new paperwork obligations (a principal reason why Mayor Breed didn’t sign it). So, if you’re a San Francisco employer thinking of rehiring during this re-opening of businesses, please get some help reading it to assess your business’s obligations.

Employers may continue to apply for Paycheck Protection Program loans through August 6, as the President signed legislation extending the deadline. See here.

The Department of Industrial Relations in California has updated its resources page.  It covers the face covering requirement and a number of other new developments.  So, it’s best to review this site from time to time. A link – Here

Finally, counties continue to modify their health orders and guidelines for re-opening. So, please check your county’s COVID-19 resources frequently to maintain compliance.  For a directory of California county websites and their COVID-19 resources, check here.

That’s it for now. Stay safe and stay informed.

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