California Governor Gavin Newsom recently signed legislation that may affect you as an employer. Two laws in particular, SB 1159 and AB 685, you need to know about if you have five or more employees. We like to keep these brief, so here are the key points:
· The law “presumes” a workplace COVID-19 infection if within 14 days of being on site
· Presumption only applies if there is an “outbreak” of 4 or more employees
· Places the burden of proof on an employer to show the infection started elsewhere
· Allows employee to receive temporary disability benefits or workers’ compensation leave when other COVID-19 benefits are exhausted
· Requires employers to take certain actions within one business day of learning of an employee infection, and authorizes CAL-OSHA to prohibit workplace operations when the operations expose workers to a risk of COVID infection
The bottom line is that you need to closely follow the health orders issued in your county on workplace safety for COVID-19 to avoid workplace infections. If you do learn of an employee infection, you should contact your employment attorney immediately to make sure you take all necessary actions.
As always, if you find yourself in a situation where you need a legal opinion on COVID-19 compliance or other legal matters, The Green Law Group is here to help. Please don’t hesitate to contact us or give us a call at (805) 306-1100.
Scott has been practicing law since 1978 in the areas of construction, business, employment, and real estate law representing contractors, property owners, and others in the construction industry. As a trial attorney, Scott has tried and arbitrated more than 200 cases. On the transactional side of law he has counseled and assisted hundreds of business clients on legal issues ranging from the formation and operation of new businesses to the sale and dissolution of existing businesses.
Matt is a civil litigator with extensive experience in ERISA (employee benefits) and general employment law. Matt has represented public entities, construction industry multiemployer (Taft-Hartley) benefit plans, and individual employees. Matt currently represents clients in various business and employment contexts, including contracts, wage and hour compliance, prevailing wage, and wrongful termination.
