On November 12, 2020, California’s Division of Occupational Safety and Health released a draft of its COVID-19 emergency regulation. The California Occupational Safety and Health Standards Board will vote on it on November 19, 2020. The proposed regulation includes a written COVID-19 Prevention Program, requires notification of potential COVID-19 exposure within one business day to those at a worksite, and contains specific requirements for COVID-19 testing, recordkeeping, and leave from work.  The proposal also addresses return-to-work criteria and would require employers maintain an employee’s earnings, seniority, and all other employee rights and benefits, including the employee’s right to their former job status if an employee is excluded from work because of COVID-19 or exposure to COVID-19 if the employee is otherwise able and available to work.

California companies should monitor whether these proposed regulations are adopted and, if so, prepare to comply with the new requirements.

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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.

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.

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).