Law Offices of Jane Heath

Get readynew Cal-OSHA standards coming for nearly ALL California employers! You need to have a COVID-19 Prevention Program (CPP), and the new regs could go into effect as soon as NOV 30! According to Cal/OSHA, the CPP must provide for the following (this is just a summary of the highlights, though): 1. System for communicating information to employees about COVID-19 prevention procedures, testing, symptoms, and illnesses, including a system for employees to report exposures... without fear of retaliation. 2. Identification and evaluation of hazards - screening employees for symptoms, identifying workplace conditions and practices that could result in potential exposure. 3. Investigating and responding to cases in the workplace - responding immediately to potential exposures by following steps to determine who may have been exposed, providing notice within one business day about potential exposures (similar to the requirements under AB 685), and offering testing to workers who may have been exposed. 4. Correcting COVID-19 hazards - including correcting unsafe conditions and work practices as well as providing effective training and instruction. Physical distancing - implementing procedures to ensure workers stay at least six feet apart from other people if possible. 5. Face coverings - providing face coverings and ensuring they are worn. Adopting site-specific strategies such as changes to the workplace and work schedules and providing personal protective equipment to reduce exposure to the virus. 6. Positive COVID-19 case and illness recording requirements and making the CPP accessible to employees and employee representatives. Removal of COVID-19 exposed workers and COVID-19 positive workers from the workplace with measures to protect pay and benefits. 7. Criteria for employees to return to work after recovering from COVID-19. Requirements for testing and notifying public health departments of workplace outbreaks (three or more cases in a workplace in a 14-day period) and major outbreaks (20 or more cases within a 30-day period). 8. Specific requirements for infection prevention in employer-provided housing and transportation to and from work. See more

Have 5 or more workers in your business (including owners and independent contractors)? Time’s running out to get your supervisors and employees trained before the 1/1/21 deadline. CalChamber has an affordable option for members (might consider joining for this and other benefits). Find it at: https://store.calchamber.com//required-california-harassme

Cal-OSHA is not just for construction companies! Study the new regulations re: COVID-19 protection of employees and adapt your policies accordingly! https://www.dailynews.com//cal-osha-requires-face-masks-s/

What does it mean for California businesses to be back in the PURPLE tier (effective TODAY, November 17, 2020)? Here’s the condensed version: Hair salons: open indoors with modifications Retail: open indoors at 25% capacity... Malls: open indoors at 25% capacity and food courts closed Nail salons: open indoors with modifications Electrolysis: open indoors with modifications Personal care services (body waxing, etc.): open indoor with modifications Tattooing and piercing: open indoors with modifications Museums, zoos and aquariums: outdoor only Places of worship: outdoor only Movie theaters: outdoor only Hotels: open with modifications Gyms: outdoor only Restaurants: outdoor only Wineries: outdoor only Bars and breweries: closed Family entertainment centers: outdoor only, like mini golf, batting cages and go-kart racing Cardrooms: outdoor only Non-essential offices: remote work only Professional sports: no live audiences Schools: must stay closed (but, if open, do not necessarily need to close) Theme parks: must stay closed AND: If you’re outside your home, with very few exceptions, masks must be worn If you travel outside CA, or come into CA from another state, you must quarantine for 14 days. That means, don’t leave the house for 14 days. Questions? We’re here. (805) 225-1773.

It’s November 14th. Do you have 5 or more employees? You have only 45 days left to get them trained! Here’s a source for training you can do for free (but you have to pay the employees for the time they spend doing it). Get started! https://www.dfeh.ca.gov/shpt/

Breaking news (August 10, 2020): Uber & Lyft to Pull Out of California! Oh, wait, never mindfor now. (And, what’s that got to with this photo????) A battle has raged in the courts and legislature since April of 2018: who can lawfully be an independent contractor in California? The courts say nobody, if the work they do is the core work of the company they serve. They must be treated and paid as employees of the company. The legislature agrees (as of January 1, 2019), except... for a bunch of folks who are exempted from that law (discussion for another day). But that doesn’t include gig economy businesses such as Uber or Lyft. So, they have been in the courts, arguing they must be able to keep their drivers as independent contractors. On August 10th a judge in San Francisco said the law is the lawthe drivers are your employeesand Uber and Lyft promptly announced they were ceasing California operations. For less than a day. Then, an appellate court issued a stay of that judge’s ruling (pending appellate review), and Uber & Lyft said, never mind. For now. The two companies are also putting millions into a ballot initiative that specifically carves them out of the law and allows them to continue their business model. They hope to convince voters that they are so critical to California life that they should not be forced to adhere to the wage and hour laws that would make them much less profitable. So, why have I posted a photo of central Rome, Italy? Because Uber and Lyft are not allowed to operate in Italy. At all. Hmmmmm.