Alexander Volberding

On December 15, 2022, the California Occupational Safety and Health Standards Board (“OSHSB”) promulgated new and permanent General Industry Safety Orders (“Permanent Standards”) addressing workplace health and safety issues related to COVID-19 (8 C.C.R. §§ 3205-3205.3). These Permanent Standards...

In the last month, the State has updated guidance and requirements on two important COVID-19-related subjects: (1) who qualifies as a “close contact” after a workplace exposure; and (2) what notice employers must provide in the event of a workplace exposure. This bulletin reviews these changes in...

Less than two and a half years after proclaiming a state of emergency related to COVID-19, Governor Newsom has proclaimed a state of emergency in response to the ongoing monkeypox (“MPX”) outbreak. While the number of MPX cases in California is relatively small compared to the number of COVID-19...

On September 30, 2022, Governor Gavin Newsom signed Assembly Bill (“AB”) 152 into law.
The bill amends the Labor Codes, making several important changes to how COVID-19 Supplemental Paid Sick Leave (“SPSL”) is administered.
The changes to the law will take effect immediately.
The purpose of this...

On September 15, 2022, the California Occupational Safety and Health Standards Board (“OSHSB”) held its first public meeting to consider a new workplace health and safety regulation related to COVID-19. This regulation would be in effect for two years and replace the COVID-19 Emergency Temporary...

Effective September 17, 2022, the California Department of Public Health (“CDPH”) rescinded a July 26, 2021 order, which required workers in high-risk settings, such as healthcare facilities, correctional facilities, and long term, adult, and senior care facilities, to verify their vaccination...

On July 12, 2022, the Equal Employment Opportunity Commission (“EEOC”) updated guidance concerning the interaction between the COVID-19 pandemic and the equal opportunity employment laws under its jurisdiction, including most notably the Americans with Disabilities Act (“ADA”).
The updated guidance...

The Department of Industrial Relations (“DIR”) recently published an initial draft of a regulation that, if adopted by the Occupational Safety and Health Standards Board (“OSHSB” or “Board”), would replace the Cal/OSHA COVID-19 Emergency Temporary Standard (“ETS”) which will expire on January 1,...

On June 8, 2022, the California Department of Public Health (“CDPH”) adopted new definitions for two terms that are critical to determining how employers must respond to COVID-19 cases in the workplace: “close contact” and “infectious period.”
The updated definitions will affect employer...

This post appeared in January 2022.  It has been reviewed and is up to date.
In light of the current surge in COVID-19 cases, it is important that employers understand their obligations in the event that there is a COVID-19 outbreak at one of their workplaces.
This blog post is intended to provide...

Read more ...

On February 28, 2022, the California Department of Public Health (“CDPH”) updated its guidance concerning the use of face coverings to further relax those requirements.
While the updated CDPH guidance continues to require the use of face covering in certain high-risk settings, the guidance removes...

On February 7, 2022, the California Department of Public Health (“CDPH”) issued updated guidance concerning the use of face coverings in indoor public settings and businesses. The new rules concerning the use of face coverings takes effect on February 16, 2022, except where a local jurisdiction...

On February 9, 2022, Governor Newsom signed Senate Bill (“SB”) 114 into law. The law reauthorizes COVID-19 Supplemental Paid Sick Leave (“SPSL”), providing paid leave entitlements to employees who are unable to work or telework due to a number of qualifying reasons related to COVID-19. The law...

This week, the California Legislature is considering the adoption of Assembly Bill (“AB”) 84, which would reauthorize COVID-19 Supplemental Paid Sick Leave (“SPSL”). If passed, the bill would require that most employers in the state provide paid sick leave to employees for certain reasons related...

On January 25, 2022, Governor Gavin Newsom announced that he and Senate President pro Tempore Toni Atkins and Assembly Speaker Anthony Rendon reached agreement on a framework that would provide new COVID-19 Supplemental Paid Sick Leave (“SPSL”) entitlements to employees in the state.
While the...

On January 13, 2022, the Supreme Court of the United States issued two separate rulings in matters related to COVID-19.
The purpose of this bulletin is to explain those decisions and their import for employers in California.
Court Blocks Federal Vaccination/Test Mandate
In the most anticipated...

On January 8, 2022, the California Department of Public Health (“CDPH”) issued an updated All Facilities Letter (“AFL”) to hospitals and skilled nursing facilities (“SNFs”) advising them of the temporary removal of the isolation and quarantine requirements for certain health care personnel...

Beginning on January 15, 2022, the United States Department of Labor (“DOL”) will require that employer-sponsored health plans cover or reimburse the costs associated with the purchase of over-the-counter (“OTC”) at-home rapid COVID-19 tests. The DOL issued guidance concerning the scope of this new...

On January 8, 2022, the Department of Industrial Relations (“DIR”) provided updated guidance concerning isolation and quarantine requirements that apply to employees in employer workplaces. The guidance incorporates a recent California Department of Public Health (“CDPH”) update on isolation and...

On December 27, 2021, the Centers for Disease Control and Prevention (“CDC”) shortened its recommended isolation and quarantine periods for people who test positive for, or are exposed to COVID-19.  The reason for the change, according to the CDC, is that most transmissions of SARS-CoV-2 appear to...

On December 22, 2021, the California Department of Public Health (“CDPH”) amended an existing State Health Order to require that workers at health care facilities who are eligible, receive a COVID-19 vaccine booster no later than February 1, 2022 in order to continue working at such facilities....

On December 22, 2021, the United States Supreme Court stated that it would hear oral arguments on January 7, 2022 concerning the federal Occupational Safety and Health Administration (“OSHA”) regulation that requires that employees at middle and large-sized companies either be fully vaccinated...

On December 14, 2021, the U.S. Equal Employment Opportunity Commission (“EEOC”) released guidance clarifying the circumstances under which a COVID-19 case may constitute a disability under federal equal employment opportunity (“EEO”) laws, including the Americans with Disabilities Act (“ADA”) and...

On December 16, 2021, the Occupational Safety and Health Standards Board (OSHSB) adopted a number of amendments to the Emergency Temporary Standards (Cal/OSHA COVID-19 Regulations), which will likely take effect on December 26, 2021.
The purpose of this special bulletin is to identify and discuss...

On December 13, 2021, the California Department of Public Health (CDPH) issued updated guidance concerning the mandatory use of face coverings in indoor public settings between December 15, 2021 and January 15, 2022. On December 14, 2021, the CDPH issued a Face Coverings Q&A to clarify certain...

On December 13, 2021, the California Department of Public Health (CDPH) issued updated guidance concerning the use of face coverings. The guidance, which requires that all individuals, regardless of their vaccination status, wear face coverings while in indoor public settings between December 15,...

In response to President Biden’s Nov. 15, 2021 signing of the Infrastructure Investment and Jobs Act, LCW Associate Alex Volberding explores Project Labor Agreements in the Nov. 22 American City & County piece “Infrastructure Bill Paves Path for Expanded Use of Project Labor...

On November 18, 2021, the Occupational Safety and Health Standards Board (“OSHSB”) delayed consideration of newly proposed regulations related to vaccination, testing, and face coverings that it had previously indicated it would consider at this meeting.
The OSHSB provided that the delay was...

Partner Peter Brown and Associates Alex Volberding, Brian Dierzé and Daniel Seitz weighed in on the Occupational Safety and Health Administration’s (OSHA) new COVID-19 Emergency Temporary Standard in a Nov. 15 Daily Journal column entitled “Will OSHA’s new COVID regulation reach California...

KNX News interviewed LCW Associate Alex Volberding on November 8 on the recent passing of the Infrastructure Investment and Jobs Act.  The segment mentioned the bill was passed with the hope of boosting job openings in low-income communities and helping marginalized communities earn a pathway to...

On November 4, 2021, the Occupational Health and Safety Administration (OSHA) promulgated a new regulation intended to increase COVID-19 vaccination rates. President Biden previewed this regulation in September 2021 when he announced a six-part COVID-19 Action Plan to combat the spread of the...

On October 25, 2021, the Equal Employment Opportunity Commission (EEOC) added a new section on religious accommodations to its guidance concerning COVID-19 and equal employment opportunity (EEO) laws, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and other EEO Laws.”
The...

On October 6, 2021, Governor Newsom signed into law Assembly Bill (AB) 654, which amends Labor Code section 6409.6 and modifies employer obligations related to reporting workplace COVID-19 exposures and outbreaks. The new law takes effect immediately and will remain in effect until January 1, 2023....

Under updated guidance issued by the California Department of Public Health (“CDPH”), certain asymptomatic unvaccinated employees who have had a close contact exposure to someone with COVID-19 may end their quarantine and return to work seven (7) days after the exposure as opposed to ten (10) days....

Over the last several months, mandatory vaccination requirements took center stage in the public response to COVID-19, but with the play getting underway and vaccination requirements becoming operative, it is the request for religious accommodation (i.e., exemption from vaccination requirements)...

Given the recent COVID-19 vaccination mandates by state and local health authorities and mandatory vaccination policies adopted by a growing number of public agencies, many employees are asserting that they qualify for exemptions from such mandates due to the religious protections afforded to them...

In March 2021, in response to the public health emergency caused by COVID-19, the California legislature adopted Senate Bill (SB) 95. The bill added Labor Code section 248.2, which required that employers provide COVID-19 Supplemental Paid Sick Leave (SPSL) to their employees in the event that an...

On September 9, President Biden issued a six-point COVID-19 action plan intended to increase COVID-19 vaccination rates and mitigate the negative public health consequences associated with the virus and its transmission in our communities.
Of most immediate interest and importance to employers in...

LCW Associate Alex Volberding spoke with KABC-TV anchors John Gregory and Rachel Brown during an Aug. 7, 2021, segment centered on vaccine mandates at the workplace. Alex provided details on the segment topic, including: legal implications surrounding vaccination and/or weekly testing measures for...

The U.S. Department of Justice (DOJ) recently published an opinion addressing whether entities, including employers, may require vaccinations for COVID-19 using vaccines approved by the Food and Drug Administration (FDA) under its Emergency Use Authorization (EUA) approval process.
The opinion...

On July 26, the Public Employment Relations Board (“PERB”) issued an important decision concerning the negotiability of decisions regarding vaccination requirements. PERB’s decision opens the door for public employers to adopt mandatory COVID-19 vaccination policies, and do so without first...

LCW Associate Alex Volberding weighed in on employers’ newfound interest in requiring COVID-19 vaccinations for employees in the July 29 Daily Journal article “Employers showing more interest in required vaccinations.” Alex shared that in relationship to California unionized workforces and public...

LCW Partner Peter Brown and Associate Alex Volberding penned “Employer Comms Key To New Calif. COVID Rules Compliance” for the June 29 issue of Law360, which highlights the collaboration needed between employers and employees to increase the workforce vaccination rate and avoid negative operational...

With the recent adoption of amended Cal/OSHA COVID-19 Regulations, and its allowances for fully vaccinated employees, employers must consider how they will manage employees at their worksites and facilities, and whether they will make any distinction between employees who are fully vaccinated and...

On June 17, the Occupational Safety and Health Standards Board (OSHSB) readopted an amended version of the Emergency Temporary Standards (Cal/OSHA COVID-19 Regulations) (“June 17 Amendments”). These amendments affect many of the requirements that have been in place since OSHSB initially adopted the...

On June 9, the Occupational Safety and Health Standards Board (OSHSB) convened a special meeting for the second time in two weeks, this time to consider the withdrawal of the proposed regulations that the Board adopted at its June 3 meeting, amending in significant ways the Emergency Temporary...

On June 3, 2021, the Occupational Safety and Health Standards Board (OSHSB) adopted regulatory amendments to the Emergency Temporary Standards (Cal/OSHA COVID-19 Regulations). These amendments, which are the first since OSHSB promulgated the regulations in November 2020, will become effective on...

On May 28, the Equal Employment Opportunity Commission (EEOC) updated and expanded its technical assistance guidance related to Equal Employment Opportunity (EEO) laws implicated by the public health emergency caused by COVID-19 and employers’ response to that emergency.
The updated guidance...

LCW Partner Peter Brown and Associate Alex Volberding authored the article “Guidance on COVID-19 and the Fair Labor Standards Act” in the May 12, 2021, issue of the Daily Journal. The piece explores the Department of Labor’s updated guidance on the FLSA and its application to common...

On May 20, the Occupational Safety and Health Standards Board (OSHSB) met to consider proposed amendments to and re-adoption of the Emergency Temporary Standards (ETS or Cal/OSHA COVID-19 Regulations). Rather than amend or re-adopt the regulations, the OSHSB, at the request of staff from the...

LCW Associate Alex Volberding was quoted in the May 11 article “Inland Regional Center in San Bernardino requiring employees to get coronavirus vaccine” published in the Daily Bulletin. The piece discusses the COVID-19 vaccination mandate the San Bernardino Center gave its employees,...

On Monday, May 10, the Treasury Department issued the Interim Final Rule (Rule) concerning the operation of the Coronavirus Local Fiscal Recovery (CLFR) Fund and opened the portal through which qualified governmental entities, including metropolitan cities and counties, may to apply to Treasury for...

On April 20, the Department of Industrial Relations (DIR) updated its guidance concerning Labor Code section 248.2 and provided its interpretation concerning the circumstances under which employees may qualify for COVID-19 Supplemental Paid Sick Leave (SPSL) due to the closure or unavailability of...

On April 15, 2021, the Department of Treasury released information concerning the pre-award requirements in order for certain local governmental entities to receive payments from Coronavirus Local Fiscal Recovery (“CLFR”) Fund for “covered costs” related to COVID-19 and for other limited purposes....

On March 19, 2021, Governor Newsom signed into law Senate Bill (“SB”) 95, codifying at Labor Code section 248.2 new obligations on public agency employers to provide COVID-19 Supplemental Paid Sick Leave to employees who are unable to work or telework and have certain enumerated qualifying reasons...

Peter Brown and Alexander Volberding were both recently quoted in “Can employers mandate the COVID-19 vaccine?” which was published in the Orange County Register, Daily Breeze, Inland Valley Daily Bulletin, Press-Telegram, Los Angeles Daily News, Pasadena Star-News, Redlands Daily Facts, The...

On March 8, 2021, the Centers for Disease Control and Prevention (CDC) released new guidance and interim public health recommendations for fully vaccinated individuals. The guidance provides that fully vaccinated individuals may resume certain activities, such as gathering indoors and without masks...

On March 6, the United States Senate adopted an amended version of House Resolution (“HR”) 1319, the American Rescue Plan Act of 2021, a $1.9 trillion legislative package intended to address the economic damage caused by COVID-19.
For local governments, the passage of the American Rescue Plan Act...

On December 7, the California Department of Public Health (“CDPH”) issued updated guidance concerning the recommended quarantine period for individuals following a “close contact” exposure to someone with COVID-19. This guidance now aligns with comparable advice provided by the Centers for Disease...

On January 6, 2021, the California Department of Public Health (CDPH) updated its November 13, 2020 travel advisory concerning non-essential interstate travel and the quarantine period for individuals who engage in such travel.
The new CDPH guidance makes two important changes to its prior travel...

While most employers have decided against mandating COVID-19 vaccinations, some employers are considering offering their employees vaccinations on a voluntary basis or other ways to encourage their employees to be vaccinated.
When an employer is deciding whether to adopt a “voluntary vaccination...

Partner Peter Brown and Associate Alex Volberding were recently highlighted during a FOX News segment on employer-mandated vaccinations.

Peter Brown and Alexander Volberding recently penned a Bloomberg Law piece “Labor Law, Union Implications for Employer-Mandated Covid Vaccines,” which was published Jan. 21. The piece discusses how employers will likely have to bargain with labor organizations that represent their employees prior...

On January 8, the Department of Occupational and Safety (Cal/OSHA) updated its interpretive guidance concerning emergency COVID-19 regulations that took effect on November 30, 2020. The guidance reflects new information concerning employer obligations and employee entitlements under both Title 8...

On December 16, the Equal Employment Opportunity Commission (“EEOC”) updated existing guidance in order to address COVID-19 vaccinations. In addition to discussing vaccinations in the context of equal employment opportunity (“EEO”) laws, the guidance also discusses the Food, Drug and Cosmetic Act...

This article was reviewed January 2021 and the information is up-to-date.
 
On December 14, 2020, Governor Gavin Newsom issued Executive Order N-84-20 (the “Order”), addressing a number of issues related to COVID-19 and the present public health emergency.
In this bulletin, we address several...

On November 19, 2020, the Occupational Safety and Health Standards Board (“OSHSB”) issued a series of new regulations related to COVID-19, which are set forth in Title 8 of the California Code of Regulations (“C.C.R.”) Sections 3205 through 3205.4 (“Cal/OSHA regulations”). While employers have...

Given the recent news coverage concerning COVID-19 vaccines and the government’s distribution plan for such vaccines, many of our public agency clients have inquired whether it will be permissible to require that agency employees be vaccinated for COVID-19. This question is important from a public...

On December 3, in order to slow the unprecedented rise in the rate of increase in COVID-19 cases and hospitalizations in the state, Governor Gavin Newsom announced a new Regional Stay At Home Order (the “Order”).
The Order will take effect on December 5, 2020 in any region of the state, as...

On December 2, the Centers for Disease Control and Prevention (“CDC”) issued updated guidance concerning the recommended quarantine period for individuals following a “close contact” exposure to someone with COVID-19. The guidance reduces the recommended quarantine period from 14 days to either 10...

On November 19, 2020, pursuant to emergency rulemaking authority, the California Occupational Safety and Health Standards Board (“OSHSB”) adopted temporary regulations regarding measures that employers must undertake in order to prevent the spread of COVID-19 in the workplace (“emergency...

On November 19, 2020, pursuant to emergency rulemaking authority, the California Occupational Safety and Health Standards Board (“OSHSB”) adopted temporary regulations regarding measures that all employers must undertake in order to prevent the spread of COVID-19 in the workplace (“emergency...

On November 19, 2020, pursuant to emergency rulemaking authority, the California Occupational Safety and Health Standards Board (“OSHSB”) adopted temporary regulations regarding measures that all employers must undertake in order to prevent the spread of COVID-19 in the workplace (“emergency...

On November 25, 2020, Liebert Cassidy Whitmore issued a special bulletin concerning an emergency regulation (8 C.C.R. 3205) that the California Occupational Safety and Health Standards Board (“OSHSB”) adopted concerning the adoption and implementation of a COVID-19 Prevention Program (“CPP”). The...

On November 19, 2020, pursuant to emergency rulemaking authority, the California Occupational Safety and Health Standards Board (“OSHSB”) adopted temporary regulations regarding measures that employers must undertake in order to prevent the spread of COVID-19 in the workplace (“emergency...

On November 16, 2020, in response to significant increases in the incidence rates of COVID-19 in the state, the California Department of Public Health (“CDPH”) issued updated guidance concerning the use of face coverings. The updated guidance requires that individuals wear a face covering at all...

On November 16, 2020, in response to significant increases in the incidence rates of COVID-19 in the state, the California Department of Public Health (“CDPH”) issued updated guidance concerning the use of face coverings. The updated guidance requires that individuals wear a face covering at all...

On November 13, 2020, in response to alarming increases in the incidence rates of COVID-19 in other countries and states, the California Department of Public Health (“CDPH”) issued a travel advisory to California residents.
The travel advisory expressly recommends that California residents avoid...

Partner Brian P. Walter and Associate Alexander Volberding authored the Western City article, “Best Practices to Avoid Employment Litigation Related to COVID-19,” discussing how public agencies can avoid costly litigation in the era of COVID-19. Read full article: https://bit.ly/2GkJr0P

On September 11, 2020, the Department of Labor (“DOL”) promulgated three revised regulations concerning the Families First Coronavirus Response Act (“FFCRA”) (29 C.F.R. 826.) The revised regulations will take effect on September 16, 2020, upon publication of the revised rule...

On September 9, 2020, Governor Gavin Newsom signed Assembly Bill (“AB”) 1867 into law. This bill adds Labor Code Section 248.1, which provides up to 80 hours of COVID-19 related supplemental paid sick leave (“COVID-19 Supplemental Paid Sick Leave”) for “emergency responder” and “health care...

On August 28, 2020, Governor Gavin Newsom announced a new risk-based framework by which the California Department of Public Health (“CDPH”) will determine what activities are permitted in counties throughout the state (“Blueprint for a Safer Economy”). While most governmental operations are...

On May 12, 2020, Governor Gavin Newsom announced that two counties—Butte and El Dorado—satisfied state readiness criteria under Expanded Phase 2 of the state’s Reopening Plan, and would be permitted to authorize the reopening of certain businesses in those jurisdictions, including office-based...

On May 12, 2020, Governor Gavin Newsom announced that two counties—Butte and El Dorado—satisfied state readiness criteria under Phase 2 of the state’s Reopening Plan, and would be permitted to authorize the reopening of certain businesses in those jurisdictions.
Since the initial announcement, 14...

On May 6, 2020, Governor Gavin Newsom issued Executive Order N-62-20 establishing “presumptive eligibility” for workers’ compensation benefits to any employee who is directed to report to their place of employment and then subsequently contracts COVID-19 during the time period between March 19 and...

On April 23, 2020, the Equal Employment Opportunity Commission (“EEOC”) issued updated guidance concerning the Americans with Disabilities Act (“ADA”) and the Rehabilitation Act and how employers may respond to the public health emergency caused by COVID-19. The EEOC makes clear that while the laws...

On April 23, 2020, the Equal Employment Opportunity Commission (“EEOC”) issued updated guidance concerning the Americans with Disabilities Act (“ADA”) and the Rehabilitation Act and how employers may respond to the public health emergency caused by COVID-19. The EEOC makes clear that while the laws...

Note: This is the second of a two-part series concerning federal unemployment assistance. You may access the first bulletin here.
On March 27, 2020, President Trump signed the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) into law. Under that Act, the federal government...

Note: This is the first of a two-part series concerning federal unemployment assistance.
On March 27, 2020, President Trump signed the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) into law. Under that Act, the federal government established two programs to expand unemployment...

Note: This is the first of a two-part series concerning federal unemployment assistance.
On March 27, 2020, President Trump signed the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) into law. Under that Act, the federal government established two programs to expand unemployment...

On March 27, 2020, President Trump signed the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) into law. Under that Act, the federal government established two programs to expand unemployment assistance to workers who lose their jobs or work hours due to the COVID-19 pandemic.
The...

On March 19, 2020, Governor Gavin Newsom issued Executive Order N-33-20 (“Order”), which effectively imposed a statewide shutdown of non-essential business and governmental operations.  This Special Bulletin was updated on April 6 to reflect the most current guidance and orders.
The analysis...

On April 1, 2020, the Department of Labor (“DOL”) issued temporary regulations concerning the paid leave provisions under the Families First Coronavirus Response Act (“FFCRA”), including the Emergency Paid Sick Leave Act (“EPSLA”) and Emergency Family and Medical Leave Expansion Act (“EFMLEA”). The...

On March 27, President Trump signed into law HR 748, the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act, which provides for $2 trillion in relief assistance to businesses, non-profits, state and local governments, public agencies and special districts, public elementary and secondary...

On March 4, 2020, Governor Gavin Newsom issued Executive Order N-25-20.  The executive order, among other things, suspended certain restrictions applicable to retired annuitants.  On March 18, 2020, the California Public Employees’ Retirement System (“CalPERS”) issued Circular Letter 200-015-20,...

This Special Bulletin follows up on our February 5, 2020 Special Bulletin on COVID-19, the novel coronavirus of 2019.  The information in that Special Bulletin remains valid, including those steps individuals can take to lessen the spread of the virus.
In the past month, COVID-19 spread throughout...

The beginning of the New Year (and a new plan year for many public agencies) is a good time to review key provisions of the Comprehensive Omnibus Budget Reconciliation Act (“COBRA”), including what notice requirements COBRA imposes on public agencies.
This year, make a resolution to ensure that...