COVID-19: Guidance for California Workplaces & Small Businesses

Clements Employment Law is closely monitoring the many employment-related issues related to the COVID-19 coronavirus.  Below is a brief summary of the Top 5 issues facing California workplaces as this situation unfolds.
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Please note that information may change as federal, state, and local governments pass emergency measures to address the response to this pandemic.​

1.  Follow Shelter-in-Place Orders

Six Bay Area counties  announced today that they will require residents shelter in place for the next three weeks as health officials scramble to keep coronavirus from spreading across the region. Vulnerable populations must stay home. Everyone should stay home except to get food, care for a relative or friend, get necessary health care, or go to an essential job. 
Please regularly check your local County health department for current orders on shelter-in-place and other guidance.  

2. Workplace Safety

 Follow guidelines issued by Cal-OSHA and the CDC. ​In Summary:

• Actively encourage sick employees to stay home

• Separate sick employees

• Emphasize staying home when sick, respiratory etiquette and hand hygiene by all employees

• Perform routine environmental cleaning

• Advise employees before traveling to take certain steps

  • Check the CDC’s Traveler’s Health Notices for the latest guidance and recommendations for each country to which you will travel. Specific travel information for travelers going to and returning from designated countries with risk of community spread of Coronavirus, and information for aircrew, can be found on the CDC website.

• Additional Measures in Response to Currently Occurring Sporadic Importations of the COVID-19:

  • Employees who are well but who have a sick family member at home with COVID-19 should notify their supervisor and refer to CDC guidance for how to conduct a risk assessment of their potential exposure.

  • If an employee is confirmed to have COVID-19, employers should inform fellow employees of their possible exposure to COVID-19 in the workplace but maintain confidentiality as required by the Americans with Disabilities Act (ADA). Employees exposed to a co-worker with confirmed COVID-19 should refer to CDC guidance for how to conduct a risk assessment of their potential exposure

• The CDC guidelines also contain recommendations for creating an infectious disease outbreak response plan to be followed in the event of an outbreak. These response plans include one or more of the following:

• Allow flexible worksites, telecommuting and flexible work hours to increase physical distance among employees

• Use other methods of minimizing exposure between employees, and between employees and the public

• Postpone or cancel large work-related meetings or events

3. Benefits and Job Protections for Workers

Employers should issue information to affected employees on potential benefits available through California’s social insurance programs, specifically: State Disability Insurance, Paid Family Leave, and Unemployment Insurance.  The California Employment Development Department has waived the one-week waiting period for UI, PFL and SDI benefits.  In addition, covered employers must ensure that they are complying with laws that require job protection, including the California Family Rights Act and the Family Medical Leave Act

• The California Labor Workforce & Development Agency has a special webpage devoted to assisting employers and workers who are being affected by coronavirus.

• Consider implementing a COVID-19 sick leave policy

4. Economic Assistance and Tax Relief for Businesses

To assist businesses in meeting payroll and other obligations, a number of initiatives have been announced to assist businesses and organizations meet their payroll and other operating expenses.

• The State of California has announced that employers experiencing a hardship as a result of COVID-19 may request up to a 60-day extension of time from the EDD to file their state payroll reports and/or deposit state payroll taxes without penalty or interest. A written request for extension must be received within 60 days from the original delinquent date of the payment or return.

• The City of San Francisco has announced certain tax filing extensions for eligible businesses, including most small businesses.

• The Small Business Administration has announced that it will work with state Governors to provide targeted, low-interest loans to businesses and non-profits impacted by COVID-19. Stay tuned as Congress is also considering a broad economic relief package that may include additional relief for small businesses and non-profits.

5. Managing a Remote Workforce During COVID-19​
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If you are asking employees to work from home, here are a few best practices:

• Develop a temporary remote work policy

• Ensure you are complying with California Labor Code requirements in reimbursing employees for use of their own phones, computers, etc.

• Take advantage of videoconferencing software like Zoom to keep up daily connection

• Be flexible with employees who may have concurrent caregiving obligations for children who are home from school and/or family members who become ill.

Stay safe, and remember that social distancing doesn’t mean lack of social connection. 
Reach out if you have any questions.