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Sep 17 2020
COVID-19Leave LawsOregon

OREGON: OFLA sick child leave for school closures now permanent

Oregon’s Bureau of Labor and Industries (BOLI) has made permanent its rule that employees can use the Oregon Family Leave Act (OFLA)’s sick child leave provisions for leave to care for a child whose school or place of care is closed due to a statewide public health emergency. As we previously reported, BOLI announced an…

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Sep 17 2020
COVID-19Safety and HealthWashington

WASHINGTON: COVID-19 temporary worker housing rules updated

On September 10, 2020, Washington’s Department of Labor & Industries (L&I) and the Department of Health (DOH) extended and modified existing COVID-19 (coronavirus) safety rules for temporary worker housing (TWH) in the agriculture industry. As a reminder, the larger framework for agriculture COVID-19 safety compliance in Washington continues to be Proclamation 20-57.1, and the implementing…

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Sep 17 2020
COVID-19CaliforniaLeave Laws

CALIFORNIA: Bill expands COVID-19 PSL to all California employees

On September 9, 2020, Governor Gavin Newsom signed legislation (AB 1867) that ensures all California employees can take up to an additional 80 hours of paid sick leave for their own health concerns related to COVID-19, if they weren’t eligible for such leave under the Families First Coronavirus Response Act (FFCRA). First, the bill adds…

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Sep 08 2020
COVID-19CaliforniaLeave Laws

CALIFORNIA: Sonoma County latest to enact emergency EPSL

On August 18, 2020, Sonoma County was added to the list of California localities to enact supplemental emergency paid sick leave (EPSL) related to COVID-19. The urgency ordinance took effect immediately and is set to expire on December 31, 2020 (unless extended), expanding EPSL to employees working in the unincorporated areas of Sonoma County who…

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Sep 08 2020
COVID-19

Homeland Security extends H-2A ability to switch employers

To prevent potential food shortages related to COVID-19 (coronavirus), the Department of Homeland Security has extended its authorization for foreign temporary and seasonal agricultural workers validly in the United States in H-2A status to switch employers as soon as the new employer submits its own H-2A petition. The workers therefore don’t have to wait for…

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Sep 08 2020
COVID-19Hiring

Form I-9 remote inspection extended again, through September 19, 2020

The federal Department of Homeland Security has again extended its temporary relaxation of the standards for physically inspecting a new worker's employment eligibility documents when completing the Form I-9. This is the fourth 30-day extension of the relaxed standard, with the new expiration now September 19, 2020. As we originally reported, Homeland Security relaxed the requirement for employers that…

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Sep 08 2020
COVID-19Leave Laws

The FFCRA and kids’ return to school: What you need to know

Just in time for fall school schedules, the U.S. Department of Labor (DOL) recently added three new FAQs on whether employees are entitled to take paid leave under the federal Families First Coronavirus Response Act (FFCRA) as schools reopen for in-person or virtual instruction. These new FFCRA FAQs (#98-#100) clarify that if the school is…

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Sep 03 2020
COVID-19Safety and HealthWashington

WASHINGTON: Interpretive guidance updated for ag COVID-19 safety

On August 28, 2020, Washington Governor Jay Inslee released updated interpretative guidance accompanying the current COVID-19 safety requirements for agriculture on which we recently reported. Washington’s employers in the agriculture industry have endured a steady stream of additional requirements and changes around COVID-19 (coronavirus) safety. The good news is the new interpretive guidance is fairly…

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Aug 20 2020
COVID-19California

CALIFORNIA: SF issues guidance on reemployment rights ordinance

The San Francisco Office of Economic and Workforce Development (OEWD) has issued guidance on the “Back to Work” emergency ordinance, which took effect on July 3, 2020, and will remain in effect for 60 days, through September 2, 2020. As we previously reported, the ordinance gives eligible employees a temporary right to reemployment following a…

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Aug 20 2020
COVID-19Leave LawsWage and Hour

WASHINGTON: Governor grants leave for food production workers

On August 13, 2020, Governor Jay Inslee signed Proclamation 20-67, providing paid leave for food production worker absences related to COVID-19 (coronavirus). This new proclamation took effect on August 18, 2020, and significantly impacts employers operating in the agriculture sector. The proclamation doesn’t protect workers covered by the Families First Coronavirus Response Act (FFCRA), so…

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Aug 20 2020
COVID-19Safety and HealthWashington

WASHINGTON: Governor modifies COVID-19 ag safety, adds testing

On August 19, 2020, Washington Governor Jay Inslee delivered yet another proclamation (Proclamation 20-57.1, Concerning the Health of Agricultural Workers), which imposes even more agricultural COVID-19 requirements for worksites, particularly around isolating and testing workers. Many items are the same as those previously required, but significant new mandates are noted below and listed first. Testing:…

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Aug 20 2020
COVID-19Safety and Health

OSHA goes back to regs on reporting COVID-19 hospitalizations

Recently, the federal Occupational Safety and Health Administration (OSHA) removed informal guidance from its website explaining when to report work-related COVID-19 (coronavirus) exposures that cause inpatient hospitalizations. As a result, you as the employer should rely on existing regulations for reporting work-related illnesses. As we previously reported, OSHA had published guidance that made it seem…

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