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The California Division of Occupational Safety and Health (Cal/OSHA) and the California Department of Fair Employment & Housing (DFEH) have focused recently on how the rules they enforce apply to COVID-19-vaccination-related developments.
Cal/OSHA
The Occupational Safety & Health Standards Board (OSHSB) adopted COVID-19-related emergency temporary standards late last year that remain in effect until Oct. 2, 2021. One provision requires employers to exclude employees exposed in the workplace to someone who has tested positive for COVID-19 for at least 10 days after the infected individual’s first positive test. An employer must provide full pay and benefits to an employee so excluded who is able and available to work. “An employer may require the employee to exhaust paid sick leave benefits before providing exclusion pay, to the extent permitted by law, and may offset payments by the amount an employee receives in other benefit payments.”
McDonald s Stores Collect COVID Relief Funds And Employee Safety Complaints Patch 11 hrs ago
While many industries made rapid changes to keep employees safe and slow the spread of COVID-19, fast food workers just kept reporting in person to their jobs throughout the pandemic. Facing significant risk from the virus, as well as from customers raging against mask mandates, workers have clung to guidelines around facial coverings, social distancing and sanitization for protection. But according to California workers who filed more than 100 official health and safety complaints with governmental oversight agencies over the course of the pandemic, McDonald’s and a handful of other fast food chains disregarded pandemic safety precautions repeatedly, even while franchises accepted Paycheck Protection Program (PPP) loans from the U.S. Small Business Association’s COVID-19 program.
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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years and this past month was no exception.
In fact, there were so many significant developments taking place during the past month that we were once again forced to expand our monthly summary well beyond the typical “Top 10” list. In order to make sure that you stay on top of the latest changes, here is a quick review of the Top 16 stories from last month that all employers need to know about:
While many industries made rapid changes to keep employees safe and slow the spread of COVID-19, fast food workers just kept reporting in person to their jobs throughout the pandemic. Facing significant risk from the virus, as well as from customers raging against mask mandates, workers have clung to guidelines around facial coverings, social distancing and sanitization for protection.
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But according to California workers who filed more than 100 official health and safety complaints with governmental oversight agencies over the course of the pandemic, McDonald’s and a handful of other fast food chains disregarded pandemic safety precautions repeatedly, even while franchises accepted Paycheck Protection Program (PPP) loans from the U.S. Small Business Association’s COVID-19 program.
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In
Sargent v. Board of Trustees of the California
State University, the California Court of Appeal
highlighted an important distinction between Private Attorneys
General Act (PAGA) claims asserted against a public entity employer
based on statutes that themselves provide for civil penalties and
PAGA claims that are based on PAGA s default civil penalties
provisions under California Labor Code § 2699(f). Section
2699(f) provides for penalties of $100 for each aggrieved
employee per pay period for [an] initial violation and $200 for each aggrieved employee per pay period for each