Employment Law Update: Sacramento and California COVID-19 Orders [Delfino Madden]

On July 13, 2020, as COVID-19 cases increase throughout the state, Governor Newsom rolled back California’s reopening, mandating the closure of certain operations throughout the state and more significant closures in those counties that have been on the County Monitoring List for three consecutive days.

As detailed in the California Department of Public Health’s July 13, 2020 Guidance on Closure of Sectors in Response to COVID-19, the following sectors must close throughout the state effective immediately:

  • Dine-in Restaurants (indoor)
  • Wineries and Tasting Rooms (indoor)
  • Movie Theater (indoor)
  • Family Entertainment Centers (indoor)
  • Zoos and Museums (indoor)
  • Cardrooms (indoor)
  • Brewpubs, breweries, bars, and pubs (indoor and outdoor), unless they satisfy specific exceptions detailed in the Guidance

In addition, in those counties on the County Monitoring List for three consecutive days, the state has mandated closure of indoor operations for business sectors that promote the mixing of populations beyond households and make adherence to physical distancing with face coverings difficult. The Department of Public Health has identified the following sectors which fall within this mandate:

  • Gyms and Fitness Centers
  • Places of Worship
  • Offices for Non-Critical Infrastructure Sectors
  • Personal Care Services (e.g., nail salons, massage parlors, tattoo parlors)
  • Hair Salons and Barbershops
  • Malls

Indoor protests are also prohibited in these counties.  As of July 13, 2020, there were 29 counties on the County Monitoring List for three or more consecutive days, including Sacramento, Placer, and Yolo, as well as other neighboring counties.

The July 13, 2020 order will remain in effect until further notice.

In the meantime, and continuing after the July 13, 2020 order is relaxed, all other local, state, and federal guidance issued to date must be followed, including mandated use of face coverings.

This includes the Sacramento Worker Protection, Health, and Safety Act, issued by the City of Sacramento on June 30, 2020.  The City ordinance goes into effect on July 15, 2020, and remains in effect until December 31, 2020, although the City will evaluate its impact and effect within 90 days of the effective date and may extend this deadline in the future.

Pursuant to the ordinance, employers must implement a number of physical distancing, mitigation, and cleaning protocols including:

  • Daily cleaning and disinfection of high-touch areas in accordance with CDC protocols;
  • Maintenance of cleaning protocols established by the employer;
  • Establishment of protocols in the event the employer discovers that the employment site has been exposed to a person who has a probable or confirmed case of COVID-19;
  • Providing employees regular access to hand washing stations, soap, hand sanitizer, and disinfectant wipes;
  • Cleaning common areas–including break rooms, locker rooms, dining facilities, restrooms, conference rooms, and training rooms–daily and between shifts;
  • Providing face coverings for employees to wear while at the job site and requiring employees to wear the coverings while on site–except where the employee can maintain physical distance of six feet or is using his or her break time to eat or drink;
  • Informing employees in writing in English and any language spoken by at least 10% of the employees who work at the job site of the protocols and practices set forth above.

The ordinance prohibits employers from discharging, disciplining, discriminating against, retaliating against, or reducing the compensation of employees who exercise their rights under the ordinance, including refusing to work when the employee reasonably believes the employer is violating the ordinance and has provided notice of the alleged violation.  The ordinance also sets forth a framework for the City to investigate employee allegations and for employees to bring civil enforcement actions related to purported violations.  Employees may bring an action or continue to pursue any of the remedies in the ordinance after December 31, 2020, if the alleged violation occurred before January 1, 2021.

In addition, the ordinance expands the application of the federal Families First Coronavirus Response Act (“FFCRA”) Emergency Paid Sick Leave Act (“EPSLA”) to Sacramento employers with 500 or more employees nationally who were previously exempted from the EPSLA.  Under the ordinance, large employers must now provide 80 hours of supplemental paid sick leave to their full-time employees and supplemental paid sick leave to part-time employees equal to the number of hours worked on average over a two-week period, up to maximum daily/total caps depending upon the reason(s) for taking leave.

Finally, employers who receive financial assistance from the City related to COVID-19 are now required to certify that their businesses comply with the ordinance as a condition of receiving funds. Failure to comply will result in the business having to refund any financial assistance received from the City.

Employers should review the ordinance to ensure compliance, including posting the necessary notices and complying with the employment protections and protocols set forth therein.

If you missed Delfino Madden’s other articles on COVID-19 legislation and issues, you can find them here.

KEN HENDERSON

Sublime Digital Marketing Group

https://sublime.digital

About Ken

Ken Henderson is a seasoned entrepreneur and digital marketing professional, presently serving as the CEO of Sublime Digital Marketing Group, a respected marketing agency located in Rancho Cordova, California.

 

Boasting over two decades of industry experience, Ken has cultivated expertise in numerous facets of digital marketing, such as website design, Search Engine Optimization (SEO), copywriting, communication, CRM systems, and advertising on platforms like Facebook and Google. As a certified Google Partner and Zoho Partner, Ken’s knowledge is both extensive and cutting-edge.

 

Alongside his marketing abilities, Ken has delved into automation and artificial intelligence applications, integrating them into his collaborations with businesses and non-profits. His work with a wide array of clients, including non-profits, law firms, property managers, political campaigns, private schools, and small to medium businesses, has aided them in achieving their marketing goals.

 

Beyond his business accomplishments, Ken is an active community leader. He sits on the board of the Rancho Cordova Chamber of Commerce, contributing to the shaping of the region’s economic outlook, and is also a special advisor to MLK365, a group dedicated to making positive impact in communities. Moreover, he is a graduate of the prestigious Rancho Cordova Leadership Program and also a Certified GENEIUS, attesting to his remarkable leadership qualities.

 

Ken’s speaking engagements provide valuable insights into digital marketing, automation, and artificial intelligence and creative finance for businesses. His goal is to encourage others to embrace innovative marketing strategies and utilize technology for business growth.

BRAD SQUIRES

Social Venture Partners

https://www.socialventurepartners.org

About Brad

Brad brings over 20 years of executive leadership in both the for-profit and non-profit sector. As a technology entrepreneur, he has helped to launch several enterprise software startups, one of which he led as Co-Founder and Vice President from 2002 through to its exit in 2016. He brings a people-centered style of leadership that leads to healthy organizational culture. He enjoys developing systems, strategy, and structure that set the foundation for organizations to scale and grow. Brad is considered a purpose-driven person and always seeks to “start with why” in everything he gets involved with. 
 
Beyond the enterprise technology roles he’s held, Brad was also instrumental in launching several community-based social entrepreneurship endeavors. He is the founder of the Orangevale-Fair Oaks Food Bank, Orangevale Food Bank Farm, HART of Orangevale and Fair Oaks, and the Big Day of Service. He also served as President of the Orangevale Chamber of Commerce from 2018-2022 where his impact led to a re-energized business and nonprofit membership community. Under his leadership, the Chamber secured $10M funding from SACOG for Greenback Lane streetscape improvements, 3x membership growth, 5x budget growth, formation of the Orangevale Community Council, and a more vibrant culture throughout the community. Brad currently serves on the boards of several other nonprofit organizations in the Capital Region. 
 
Brad currently serves as the Executive Director for Social Venture Partners of Sacramento, an organization seeking to build nonprofit connections and capacity by bringing together leaders from the business and nonprofit community. He oversees partnership growth strategy, daily operations, portfolio engagement, and major events such as the annual Fast Pitch social innovation program.
 
In 2018, Brad and family also launched a 10-acre u-pick flower farm called Heirloom Acres Farm. Thousands of people visit their farm all summerlong for flower u-pick events, and they also host a holiday barn market and have Christmas trees available in December. 
 
Brad’s superpower and life mission is about bringing people together for a purpose. He believes our community will be stronger when leaders are connected and engaged. 

DEBRA
OTO-KENT

HEALTH EDUCATION COUNCIL

https://healthedcouncil.org/

About Debbie

Debbie is the founder and Executive Director of Health Education Council. Her two primary areas of expertise are cross-sector coalition building and reducing health disparities in diverse low-income communities.

MICHELLE ODELL

KAISER PERMANENTE

https://www.kp.org

About Michelle

Michelle Odell is the Director of Public Affairs for Kaiser Permanente in South Sacramento, where she oversees all aspects of Public Affairs including community relations, government relations; community health and community benefit planning; and internal and external communications, including media relations.

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KRISTI
ROLAK-POYNER

SALES DIRECTOR, ONE WORKPLACE

Kristi Rolak is Sales Director in Sacramento for One Workplace, a full service commercial interior furnishings company headquartered in Santa Clara and serving greater Sacramento.