As California continues to navigate the quagmire of reopening the state amidst an unrelenting global pandemic, Governor Gavin Newsom unveiled a new “Blueprint for a Safer Economy” (Blueprint) to determine when businesses can and cannot open. The new metric employs a color system, where each county is assigned a color based upon “risk-based criteria.” Under the system, lower risk activities or sectors can open sooner and high-risk activities and sectors cannot open until later phases. The scheme is as follows:

  • Purple – Purple indicates a widespread risk of COVID-19 where many non-essential indoor business operations remain closed. A purple county will have more than 7 new daily cases per 100,000 and a more than 8% positive test rate.
  • Red – Red indicates substantial risk of COVID-19 where some non-essential indoor business operations are closed. A red county will have 4 to 7 daily new cases per 100,000 and a 5% to 8% positive test rate.
  • Orange – Orange represents a moderate risk where some indoor business operations are open with modifications. A county in the orange tier will have 1 to 3.9 daily new cases per 100,000 and a 2% to 4.9% positive test rate.
  • Yellow – Yellow represents a minimal risk where most indoor business operations are open with modifications. To fall into the yellow tier, there must be less than 1 daily new case per 100,000 and a less than 2% positive test rate.

Currently, the vast majority of counties in California remain in the purple tier, including Los Angeles County, Riverside County, San Mateo County, Santa Clara County, Alameda County, Solano County, Sonoma County, Contra Costa County, and Sacramento County. San Diego, San Francisco, Napa, and Lake Counties are currently designated red.

According to information published by the California Department of Public Health (CDPH) on the Blueprint system, the CDPH will assess “indicators” weekly and a “county will remain in a tier for a minimum of three weeks before being able to advance to a later tier.” If a county falls into two different tiers, the county remains assigned to the more restrictive tier. Additional information regarding the tier system and how counties will advance from one tier to the next can be found at the CDPH’s overview of the plan here and on the Blueprint website.

Employers navigating these murky waters should continue implementing safety protocols applicable to their businesses. If you have questions regarding how California’s new tier system affects your ability to open and/or manage your workforce, please reach out to your favorite Perkins Coie attorney, who can help.

Print:
Email this postTweet this postLike this postShare this post on LinkedIn
Photo of Heather M. Sager Heather M. Sager

Heather Sager’s extensive knowledge of California’s complicated statutory and regulatory requirements for employers is well-regarded by technology, retail, and finance clients alike, from startups to Fortune 500 companies. She has wide-ranging experience litigating complex wage-and-hour matters brought under the federal Fair Labor Standards…

Heather Sager’s extensive knowledge of California’s complicated statutory and regulatory requirements for employers is well-regarded by technology, retail, and finance clients alike, from startups to Fortune 500 companies. She has wide-ranging experience litigating complex wage-and-hour matters brought under the federal Fair Labor Standards Act (FLSA) and similar state laws, including California’s Private Attorneys General Act (PAGA).

Read more about Heather M. Sager
Show more Show less
Photo of Brittany Sachs Brittany Sachs

Brittany Sachs is a litigator representing employers in a range of employment matters, including discrimination, harassment, retaliation, and wage-and-hour disputes. Her experience includes class actions, representative actions, and single-plaintiff cases in state and federal courts and arbitrations. She also has represented employers in…

Brittany Sachs is a litigator representing employers in a range of employment matters, including discrimination, harassment, retaliation, and wage-and-hour disputes. Her experience includes class actions, representative actions, and single-plaintiff cases in state and federal courts and arbitrations. She also has represented employers in response to charges filed with administrative agencies, including the Equal Employment Opportunity Commission (EEOC).

Read more about Brittany Sachs
Show more Show less
Photo of Jill L. Ripke Jill L. Ripke

Jill Ripke defends companies in employment and independent contractor class action matters dealing with claims relating to independent contractor status, misclassification, unpaid overtime, unpaid meal and rest breaks, and unpaid off-the-clock work.

Read more about Jill L. Ripke
Photo of Matthew Goldberg Matthew Goldberg

Matthew Goldberg has successfully represented clients in complex wage-and-hour class actions and California Private Attorney General Act (PAGA) matters, as well as plaintiff retaliation, harassment and discrimination cases. His experience includes preparing for and attending mediations and settlement conferences before the California Division…

Matthew Goldberg has successfully represented clients in complex wage-and-hour class actions and California Private Attorney General Act (PAGA) matters, as well as plaintiff retaliation, harassment and discrimination cases. His experience includes preparing for and attending mediations and settlement conferences before the California Division of Labor Standards Enforcement (DLSE), California Department of Fair Employment and Housing (DFEH) and the U.S. Equal Opportunity Commission (EEOC). He also possesses experience as a trial attorney, assisting in all phases of representation.

Read more about Matthew Goldberg
Show more Show less