UPDATE: Cal/OSHA Withdraws June 3, 2021 revised ETS. In a special meeting held on the evening of June 9, 2021, the Cal/OSHA Board met to consider the latest guidance from the Centers for Disease Control and California Department of Public Health regarding masking. The Board voted unanimously to withdraw the revisions to Cal/OSHA’s revised ETS that they had voted to approve on June 3, 2021, and that were set to go into effect on June 15, 2021 (pending approval from the Office of Administrative Law). In a press release, Cal/OSHA stated that it will review the new mask guidance, bring any recommended revisions to the Board and that the Board could consider new revisions at a future meeting, perhaps as early as the regular meeting on June 17, 2021. In the meantime, the Cal/OSHA’s ETS adopted in November of 2020 will continue to remain in effect. Faegre Drinker will continue to monitor and provide insights with respect to Cal/OSHA’s revised ETS as well as other COVID-19-related topics. Insights will be updated on the firm’s COVID-19 Resource Center.
Faegre Drinker previously reported on one of the first lawsuits challenging a COVID-19 vaccine mandate. As employers continue to evaluate employee vaccination, another lawsuit has been filed in the Central District of California, California educators for Medical Freedom et al v. The Los Angeles Unified School District et al., 21-cv-02388 (C.D. Cal. filed 3/17/2021).
The California Educators for Medical Freedom, along with seven employees of the Los Angeles Unified School District, are seeking injunctive relief and potential damages due to a vaccine mandate instituted in March of 2021. Plaintiffs were allegedly told that if they were not vaccinated by April of 2021, they could face a “job detriment, up to and including termination from employment.”
On March 19, 2021, California Governor Gavin Newsom signed Senate Bill (SB) 95, which extends and expands employer requirements to provide supplemental paid sick leave (SPSL) to employees impacted by COVID-19. SB 95 goes into effect on March 29, 2021, (i.e., 10 days after being signed by Gov. Newsom) and adds sections 248.2 and 248.3 to the California Labor Code.
The California Department of Fair Employment and Housing (DFEH) has updated its COVID-19 FAQs and has issued its long-awaited guidance regarding employers mandating COVID-19 vaccines.
As a preliminary matter, the DFEH explained that it is not providing guidance on whether or to what extent an employer should mandate vaccination within its workforce. Rather, the DFEH stated that its guidance/FAQs are to address how employers comply with the Fair Employment and Housing Act (FEHA) if employers require employees to be vaccinated against COVID-19 with an FDA-approved vaccine.
California’s Department of Fair Employment and Housing (DFEH) has issued new guidance in the form of frequently asked questions on the state’s pay data collection and reporting requirements. To help employers get ready to comply, on February 1, 2021, DFEH released a template pay data report form and guide for submitting reports through the portal. DFEH’s pay data submission portal will be available by February 16, 2021. Once the portal is live, employers must use the online portal to submit their pay data reports.
Among the lasting 2020 impacts of fires, politics and COVID-19, is increased regulation of California employers. More than 563 bills introduced in the last California legislative session mention “employer,” compared to about 300 bills in 2019. While most bills stalled in the Legislature, many were signed into law by Gov. Gavin Newsom, bringing more rules and risks for employers in our state, dealing with workplace safety; sick leave; workers’ compensation; diversity and discrimination; worker classification and wages; privacy; employee leaves; and settlements.