Coronavirus (COVID-19): Guidance for Businesses

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Seven Bay Area counties and the City of Berkeley issued Health Orders mandating mask use for indoor public spaces such as places of work. The Orders apply to both vaccinated and non-vaccinated individuals. However, the Orders provide exceptions for individuals working alone in a closed office space, individuals that are eating or drinking, and individuals specifically exempted by the California Department of Public Health guidance such as individuals with medical conditions that prevent them from…
Post-Acute COVID-19 Syndrome, colloquially referred to as long COVID-19, occurs when an individual who had COVID-19 continues to experience ongoing symptoms for months afterward. Individuals with long COVID-19 might have difficulty working in the same way they did before and may be entitled to workplace accommodations so they can do their job. Even if these employees do not think of themselves as having a disability, they may meet the Americans with Disabilities Act definition.…
According to a legal opinion posted online on July 26, 2021, the U.S. Department of Justice officially took the position that the Food, Drug, and Cosmetic Act—which authorizes an “emergency use authorization” for a vaccine—does not prohibit entities, including employers, from requiring a vaccine even if authorized for emergency use only. Read Full Update
On July 27, 2021, the U.S. Centers for Disease Control (“CDC”) updated its mask guidance in response to the Delta variant of COVID-19.  The CDC now recommends fully vaccinated individuals to wear a mask indoors in public if in an area of substantial or high transmission.  For individuals who are not fully vaccinated or unvaccinated, the CDC’s guidance remains that individuals should wear a mask indoors in public spaces and in close proximity outdoor…
Seven Bay Area Counties– Alameda, Contra Costa, Marin, San Francisco, San Mateo, Santa Clara, Sonoma—and the City of Berkley issued a press release on July 16, 2021 strongly recommending that everyone, regardless of their vaccination status, wear masks indoors in public places, including workplaces, to protect against the spread of the highly transmissible Delta variant of COVID-19.  The use of masks is recommended for indoor settings such as grocery or retail stores, theaters and family entertainment centers…
As we updated just two weeks ago, Los Angeles County’s Department of Public Health was strongly recommending that everyone, regardless of their vaccination status, wear masks in indoor public places.  As of 11:59 pm on Saturday, July 17, 2021, the LA County Public Health Officer has ordered that everyone in Los Angeles County, regardless of their vaccination status, will once again be required to wear masks in indoor public settings and businesses to protect…
On March 17, 2020, Governor Gavin Newsom issued Executive Order N-31-20 (“EO N-31-20”) regarding the California WARN Act (Lab. Code §§ 1400, et seq.).  EO N-31-20 is often inaccurately described as suspension of the entire California WARN Act.  However, the Department of Industrial Relations, Division of Labor Standards Enforcement, and the Employment Development Department clarified that EO N-31-20 only suspended the sixty (60) day notice requirement if an employer still provides written notice and satisfies
Governor Gavin Newsom signed California’s limited COVID-19 right of recall law in April 2021, which established an obligation for certain employers to recall employees who were laid off because of COVID-19 when job positions become available. The industries affected by the right to recall are the hospitality industry and the building services industry.  The California Labor Commissioner recently issued answers to a series of Frequently Asked Questions regarding the right to recall law. The guidance…
The Los Angeles County’s Department of Public Health issued a press release on June 28, 2021 strongly recommending that everyone, regardless of their vaccination status, wear masks indoors in public places, including workplaces, to protect against the spread of the highly transmissible Delta variant of COVID-19.  This change was prompted by the drastic increase in positive COVID-19 cases reported in the County on June 28, 2021.  The use of masks is recommended for indoor settings…
On June 17, the Cal-OSHA board approved a set of revisions to the Emergency Transmission Standard (ETS) for COVID-19 issued on June 11 (June 11 Revisions). Pursuant to Governor Newsom’s Executive Order (see link), the new revisions take effect as soon as they are filed with the California Secretary of State and conform Cal-OSHA workplace standards to those previously issued by the California Department of Public Health (CDPH) and the Centers for Disease Control…