State of California Guidance for Businesses and Employers

Attorneys of Sutton Hague Law Corporation, licensed to practice in California and Nevada, guide employers on employment law issues that arise on both sides of the California-Nevada border. Both states have issued important orders and guidance in the wake of the COVID-19 pandemic of which employers should be aware. In addition to the links below, you may also want to visit CalNevaLaw.com for more information on cross-border employment law issues.

State of California Guidance

Governor Newsom has issued various Executive Orders affecting many California employers’ ability to conduct business and manage their employees, and which may affect their entitlement to new forms of federal paid leave. These orders also affect employers who are contemplating mass layoffs or plant/facility closures. Various California state agencies have also published guidance to assist employers in complying with California employment law, which is widely recognized to be amongst the most complicated in the nation and more protective to employees than the laws of any other state. These links will direct you to these materials and should be considered “must-see” sites for California employers.

1. State of California COVID-19 Resource Website
   • Employer Playbook for Safe Reopening
2. New Regional Stay-at-Home Order (December 3, 2020) (PDF)
3. Supplemental Regional Stay-at-Home Order (December 6, 2020) (PDF)
4. New Regional Stay-at-Home Order Website with FAQ
5. California Stay at Home Order Website with FAQ
6. California Stay-at-Home Order (March 19, 2020) (PDF)
7. California List of Essential Sectors and Workers (PDF)
8. California Gov. Transportation Order (PDF)
9. California OSHA COVID-19 Interim Guidelines for General Industry
10. California Dept. of Industrial Relations (paid leave, child care, employee privacy, etc.)
11. California Dept. of Public Health
12. California DFEH Employment Information on COVID-19 (PDF)
13. California Economic Development Dept.
14. California Economic Development Dept: Coronavirus FAQs
15. California Labor Commissioner: Coronavirus Disease COVID-19 FAQs
16. California Labor Commissioner: District Office Closures
17. COVID-19 Supplemental Paid Sick Leave
    • 2021.03.23 — Poster Effective March 29, 2021 – COVID-19 Supplemental Paid Sick Leave
    • 2021.03.23 — March 2021 COVID-19 Supplemental Paid Sick Leave FAQs (Labor Code Section 248.2)
    • 2021.03.19 – Governor Newsom Signs Legislation to Ensure Access to Supplemental Paid Sick Leave for Workers Impacted by the Pandemic
    • FAQs regarding COVID-19 Supplemental Paid Sick Leave
    • Workplace Poster – Supplemental Paid Sick Leave for Food Sector Workers

18. California Labor & Workforce Development Agency: Compiled (COVID-19) Resources for Employers and Workers
    • Paid Sick Leave
    • Disability and Unemployment Insurance
    • Side by Side Comparison of COVID-19 Paid Leave
    • Paid Family Leave
    • Workplace Health and Safety Guidance
    • Employer Assistance
    • California Department of Public Health

19. Workers’ Compensation Benefits for Workers who Contract COVID-19
    • Press Release
    • Executive Order N-62-20
    • Questions and Answers on Executive Order N-62-20

20. CA Resilience Roadmap
21. A Statewide Industry Guidance to Reduce Risk
22. DIR Coronavirus (COVID-19) Resources
23. Cal/OSHA Guidance on Requirements to Protect Workers from Coronavirus
    • COVID-19 Emergency Temporary Standards FAQ (eff. November 30, 2020)
    • OSHA Infection Prevention in Construction
    • COVID-19 Daily Checklist for Grocery Employees
    • COVID-19 General Checklist for Grocery Employees
    • OSHA Infection Prevention in Grocery Stores
    • Cal/OSHA Interim Guidance for Protecting Hospital Workers from Exposure to COVID-19
    • Interim Guidance for Protecting Workers at Skilled Nursing and Long-term Care Facilities from Exposure to COVID-19
    • Cal/OSHA Infection Prevention in Child Care Programs
    • Cal/OSHA Infection Prevention for Logistics Employers and Employees
    • Interim Guidance for Protecting Mortuary and Funeral Home Workers from Exposure to COVID-19
24. Guidance for Use of Fact Coverings (November 16, 2020)

Local Guidance for California Employers

Employers, do not forget: If you have employees working remotely in any of the cities listed below, these and other ordinances may apply.

1. COVID-19 County Website Finder Tool
2. Emeryville: Guidance on Emeryville Paid Sick Leave Law as it Relates to COVID-19 (PDF)
3. Fresno City Shelter-in-Place Order Expanded and Extended to May 6 (PDF)
4. Fresno County: Order of Health Officer Requiring Employer Screening for COVID-19 Symptoms in Employees (PDF)
5. Fresno County: AMENDED Order of Health Officer (MAY 20, 2020)
6. Fresno County Interim Guidance for Reopening Fresno County Businesses
7. City of Fresno Order, 2020-17
8. City of Fresno List of Authorized Businesses
9. Fresno County: COVID-19 Screening Checklist for Non-Medical Employers (PDF)
10. Oakland: Emergency Paid Sick Leave for Oakland Employees During the Novel Coronavirus (COVID-19) Pandemic Ordinance (Effective May 12, 2020)
11. COVID and Oakland’s Sick Leave Law
12. San Francisco: Bay Area Regional Stay Home Order (December 4, 2020)
13. San Francisco: Guidance on Enforcement of San Francisco Paid Sick Leave Ordinance During Covid-19 Local Health Emergency (PDF)
14. San Francisco Health Plan Requirements for Specified COVID-19 Essential Services Contracts (May 13, 2020)
15. San Francisco Employee Protections Ordinance
16. San Francisco: Application for Reimbursement under the Workers and Families First Program
17. San Francisco: Emergency COVID-19 Paid Sick Leave Ordinance
18. San Jose: Emergency COVID-19 Paid Sick Leave Ordinance
19. Santa Clara County Eviction Moratorium on Commercial Tenants
20. Los Angeles Paid Sick Leave Order
• Los Angeles Supplemental Paid Sick Leave Due to COVID-19 (REVISED May 19, 2020)
21. Los Angeles Worker Protection Order (REVISED May 7, 2020)
22. Los Angeles County Revised Temporary Order (December 6, 2020)

Recorded Podcast Interviews with Experts and Agency Leaders on Employer COVID-19 Issues

1. Navigating Employment Rights Amidst the COVID-19 Pandemic-William Tamayo
2. Keeping your Employees Safe and Healthy While Limiting the Spread of COVID-19-James Boretti
3. Are you Eligible for a Disaster Relief Loan From the SBA-Joseph Amato
4. How to Handle Employee Requests for Accommodation during the COVID-19 Pandemic-William Tamayo
5. How to Negotiate Your Commercial Lease Agreement in Times of Crisis — Brady McGuinness
6. Interview with Attorney James Wilkins, Esq. on COVID-19 and it’s Effects on Business Interruption Insurance Coverage for Employers
7. Interview with Jared Banes of LP Insurance on General Liability Insurance Implications for Employers During the Covid-19 Era
8. Interview With The Nevada Labor Commissioner Shannon Chambers: Critical Issues For Employers During The Pandemic
9. Interview with Stephen Rodgers, Program Coordinator of Safety Consultation and Training Section, OSHA, NV
10. Interview with Sutton Hague Law Corporation’s Attorneys on What California Employers Need to Know About California Consumer Privacy Act (CCPA)
11. Interview with Tax Attorney Robert Wood on Paycheck Protection Program (PPP) Issues for Employers