Linda K. Adler

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...

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Effective September 17, 2022, the California Department of Public Health (“CDPH”) rescinded a July 26, 2021 order, which required workers in high-risk settings, such as healthcare facilities, correctional facilities, and long term, adult, and senior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

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 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...

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 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 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...

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 September 16, Governor Newson signed Assembly Bill (AB) 361 into law, amending the Ralph M. Brown Act (Brown Act) and allowing legislative bodies to continue to meet virtually during the present public health emergency. This legislative enactment was timely as the Executive Orders that...

After determining that existing federal standards and regulations are inadequate to address COVID-19 issues for healthcare workers, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) implemented a new Emergency Temporary Standard (ETS) requiring covered employers to...

On July 9, 2021, the Centers for Disease and Control and Prevention (CDC) updated its Guidance for COVID-19 Prevention in Kindergarten (K)-12 Schools in anticipation of the return of students to campus in fall 2021.  Thereafter, the California Department of Public Health published COVID-19 Public...

With the recent adoption of amended Cal/OSHA COVID-19 Regulations, and its new allowances for fully vaccinated employees, many private K-12 schools, universities and colleges are considering whether to make any distinction between employees who are fully vaccinated and those who are not, and if so,...

On Thursday June 17, 2021, President Joe Biden signed legislation to make Juneteenth (June 19) a federal holiday.  A federal holiday generally means that non-essential federal government offices and services, such as the United States Postal Service, are closed. Every federal government employee is...

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 3, 2021, the Occupational Safety and Health Standards Board (OSHSB) adopted regulatory amendments to the Emergency Temporary Standards (Cal/OSHA COVID-19 Regulations), which were to take effect on June 15.
However, on June 7, OSHSB noticed a special meeting for June 9 to consider new...

As private K-12 schools plan for the 2021-2022 school year, many are asking the pressing question of whether they can (or should) require students to be fully vaccinated as a condition of returning to campus in the fall.  Given the current lack of federal or state guidance on this issue, each...

Private colleges and universities are planning for students to return to campus in the fall.  Of the myriad of considerations that will need to be decided, one is whether to require students to be fully vaccinated against COVID-19.  Recently, the American College Health Association (ACHA) announced...

On March 26, 2021, the California Department of Public Health (“CDPH”) issued Guidance for the Prevention of COVID-19 Transmission for Commencement/Graduation Ceremonies (“Guidance”) “to provide recommendations to help students, teachers, families, and school administrators celebrate the momentous...

Within the last week, the California Department of Public Health (CDPH), Department of Industrial Relations (DIR), and Labor and Workforce Development Agency (LWDA) have issued new guidance and resources for schools and employers, including updated guidance for youth sports.
CDPH K-12 Schools...

On Thursday, January 14, 2021, the California Department of Public Health (CDPH) issued new guidance for K-12 schools, titled “COVID-19 and Reopening In-Person Instruction Framework and Public Health Guidance for K-12 Schools in California, 2020-2021 School Year.”  The K-12 School Guidance does not...

On January 14, 2021, the California Department of Public Health (CDPH), issued new 50-page guidance, titled COVID-19 and Reopening Instruction Framework and Public Health Guidance for K-12 Schools, which serves as both an update and a consolidation of previous K-12 school-related guidance issued by...

As noted in the January 19, 2021, Liebert Cassidy Whitmore bulletin, What Schools Need To Know About The New CDPH Consolidated Guidance For K-12 Schools, the California Department of Public Health issued guidance on January 14, 2021, for public and private K-12 schools titled, Testing...

On December 21, 2020, Congress passed new COVID-19 legislation, which was signed into law on December 27, 2020.  The new legislation, the Consolidated Appropriations Act, provides $600 stimulus payments to individuals, adds $300 to extended weekly unemployment benefits, and provides more than $300...

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.
The Order revises the provision in the newly adopted Cal/OSHA regulations requiring that employees quarantine for 14...

On September 11, 2020, the Department of Labor (“DOL”) announced three revisions it is making to the regulations concerning the Families First Coronavirus Response Act (“FFCRA”) (29 C.F.R. § 826.) The revised regulations took effect on September 16, 2020.
The DOL revised...

On September 17, 2020, Governor Gavin Newsom signed into law two COVID-19 related bills – Senate Bill (“SB”) 1159 and Assembly Bill (“AB”) 685.  SB 1159 is an urgency bill that is effective immediately, and sets forth rebuttable presumption standards to establish workers’ compensation coverage for...

CDPH Cohorting Guidance and Governor’s Supplemental FAQ
On Friday, September 4, 2020, the California Department of Public Health (“CDPH”) revised its Guidance Related to Cohorts  (“Cohorting Guidance”), which it originally released on August 25, 2020.
The Cohorting Guidance is intended to provide...

On August 25, 2020, the California Department of Social Services (“CDSS”) issued a new Provider Information Notice (“PIN”), titled “Guidance and Frequently Asked Questions (FAQS) Regarding Waivers Available for Licensed Child Care Facilities and License-Exempt Providers Due to Coronavirus Disease...

On Friday, August 28, 2020, Governor Gavin Newsom announced a new “Blueprint for a Safer Economy” plan, effective August 31, 2020, which imposes color-coded, risk-based criteria on tightening and loosening COVID-19 allowable activities and expands the length of time between changes to assess how...

CDPH Guidance on Returning to Work or School Following COVID-19 Diagnosis
On Monday, August 24, 2020, the CDPH released Guidance on Returning to Work or School Following COVID-19 Diagnosis, which applies to individuals not in healthcare settings who have tested positive for COVID-19.  The CDPH...

On August 7, 2020, the California Department of Public Health (“CDPH”) and the California Division of Occupational Safety and Health (“Cal/OSHA”) issued guidance for the operation of institutions of higher education, including private colleges and universities, to provide safe environments for...

On June 5, 2020, the State issued industry guidance for schools and school-based programs, childcare facilities, and day camps.
COVID-19 Industry Guidance for Schools and School-Based Programs
The Governor previously announced that counties that have completed and submitted a written attestation to...

A.  Superintendent Tony Thurmond Provides an Update on Statewide Guidance Regarding the Reopening of K-12 Schools
On May 27, 2020, State Superintendent of Public Instruction, Tony Thurmond, provided an update on the Department of Education’s efforts to assist schools with the reopening process...

CDC Issues Guidance Regarding the Reopening of K-12 Schools, Summer Day Camps, and Child Care Programs
Last week, the Centers for Disease Control (CDC) issued guidance titled, CDC Activities and Initiatives Supporting the COVID-19 Response and the President’s Plan for Opening America Up Again.  The...

1.  Statewide Orders Regarding the Reopening of Childcare Facilities 
On May 12, 2020, the Governor modified the statewide Shelter-in-Place order to permit childcare facilities that comply with statewide industry guidance to operate for children of all workers (rather than only for children of...

Last month the Governor laid out a four stage plan for reopening the state.  Last week, we provided an update that the State entered into the first phase of stage 2 of the reopening process on Friday May 8th.  This first phase of stage 2 permitted the retail industry, including the reopening of...

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 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...

A.      Governor Announces that the State is Entering Stage 2 of California’s Four Stage Reopening Plan
Last month the Governor laid out a four stage plan for reopening the state as follows:

We are currently in Stage 1, which involves only opening essential businesses;
Stage 2 will be when some...

Employees who are eligible for Emergency Paid Sick Leave (“EPSL”) under the Families First Coronavirus Response Act (“FFCRA”) may also file a claim for Paid Family Leave (“PFL”) or State Disability Insurance (“SDI”), two benefits established under California law.
PFL provides 60-70% wage...

On April 1, 2020, the Department of Labor (“DOL”) issued temporary regulations, and related comments, 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...

We previously reported on the Shelter in Place orders announced by public health officials on March 16, 2020, which go into effect on March 17th at 12:01am  through April 7th.   These orders were announced by public health officials from the 6 Bay Area Counties of San Francisco, Alameda, Contra...

Today public health officials from six (6) Bay Area Counties (San Francisco City and County, Contra Costa County, Alameda County, Santa Clara County, San Mateo County, and Marin County)  announced new orders directing all individuals within these jurisdictions to shelter in place.  Public health...

On March 14, 2020, at 12:51 am, in response to the COVID-19 pandemic, and in an effort to reduce the impact of the virus on American families, the House of Representative passed H.R. 6201, titled the Families First Coronavirus Response Act (the Act).  The bill will now move to the Senate, where it...

Earlier this week, LCW issued guidance to schools regarding trips in light of the Coronavirus pandemic (COVID-19).  LCW also issued guidance regarding schools’ ability to send students and employees home based on their recent travel to countries that have Level 3 or Level 2 Travel Notices from the...

We issued Special Bulletins earlier this week on Student and Employee Issues related to the Coronavirus (COVID-19).  The World Health Organization (“WHO”) has declared that the global spread of COVID-19 can now be characterized as a pandemic.   There has also been additional guidance issued by...

In the past month, the Coronavirus (COVID-19) has spread throughout much of the world, including to the United States.  Last week Governor Newsom declared a state of emergency in California.  Los Angeles and San Francisco Counties, among others, have also declared a Local Health Emergency.  Action...

In the past month, the Coronavirus (COVID-19) has spread throughout much of the world, including to the United States.  Last week Governor Newsom declared a state of emergency in California.  Los Angeles and San Francisco Counties, among others, have also declared a Local Health Emergency.  Action...

On October 13, 2019, the Governor signed into law AB 218, which significantly extends the statute of limitations period for individuals to file civil lawsuits for childhood sexual abuse against persons and entities.  Similar legislation was passed by the California Assembly and Senate last year (AB...

Checking references should be a part of every school’s hiring practice.  It increases the likelihood of making a well-informed hiring decision, protects against claims of negligent hiring, and demonstrates fairness, equity, and transparency in the recruitment process. Yet we repeatedly find that...