Stay Ahead of the Curve

Relaxation of State and Los Angeles County Quarantine Rules Since our January 4 update, the CDPH and Los Angeles County have updated their guidance on quarantine (i.e., requirements for persons in close contact with a COVID-19 case).

When an employee is diagnosed with COVID-19, the employee must follow the rules for “isolation,” while persons exposed to that employee must follow the rules for “quarantine.” The rules are imposed by state-level entities, namely, the California Department of Public Health (CDPH), governing residents of California, and Cal/OSHA (governing California employers), and by county-level entities such as the Los Angeles County Department of Public Health (governing residents of LA County). Employers must comply with the most stringent of these rules.

On November 9, 2021, we discussed developments with the new federal OSHA Emergency Temporary Standard for employers with 100+ employees. In that post, we explained how the ETS required such employers to ensure their workers are fully vaccinated against COVID-19 or submit to weekly COVID-19 testing, and noted that the United States Court of Appeals for the Fifth Circuit had granted a temporary nationwide stay of the ETS, meaning that the ETS could not be enforced. Since November 9, new developments have come thick and fast:

On December 13, 2021, the California Department of Public Health (“CDPH”) issued updated guidance requiring Californians to once again to wear masks indoors in “all indoor public settings,” regardless of vaccination status. The mandate will go into effect December 15, 2021, and will run through January 15, 2022. Los Angeles County and several Bay Area counties already require masks in public settings, so this new mandate will mainly affect about 50% of the state population that lives in counties that currently don’t have their own mask mandate.

Increase in State Minimum Wage The California minimum wage will increase effective January 1, 2022. For employers with 25 employees or less, the minimum wage will increase to $14.00 per hour, and for employers with 26 or more employees, the minimum wage will increase to $15.00 per hour.

The California Legislature passed a number of laws that will impact California employers and their business operations in 2022. Below is a list of 17 of the key employment-related bills that have been signed into law by Governor Gavin Newsom.

On November 4, 2021, the federal Occupational Safety and Health Administration (OSHA) issued a new COVID-19 emergency temporary standard (ETS) covering private sector employers with 100+ employees that requires such employers to ensure their workers are fully vaccinated against COVID-19 or submit to weekly COVID-19 testing. The ETS’s effective date is November 5, 2021. The ETS is already subject to extensive litigation. On November 6, 2021, the United States Court of Appeals for the Fifth Circuit granted a temporary stay of the ETS. While the future of the ETS remains uncertain due to pending legal challenges, it may take weeks of planning for employers to comply with the ETS’s deadlines, so prudent employers should continue preparing for the ETS as if it is going to take effect while litigation continues.

Can you believe that we are only two months away from wrapping up this year? It is time to look ahead and prepare for new laws (and a few challenges) that might affect your business in 2021. September 30, 2020 was Governor Newsom’s deadline to sign into law all bills passed by the legislature this year. The Governor signed a great quantity of bills and vetoed a few as well. Below is a brief summary of some of the most notable employment- related laws that may affect your business.