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COVID-19 State Regulations in the Pacific Region

Emily Hartman /

[Updated 8/31/20]

Below is a round-up of COVID-19 state regulations for employers navigating how their business will get back to work. If you believe there may be a discrepancy between a state and local order that affects you or your business, you should contact your local government and/or competent local counsel for further advice.

We’ll keep this updated as much as we can, but double-check with the local governments to ensure you’ve got the latest information.

Alaska COVID-19 State Regulations

Reopen Alaska Responsibly

Update 5/22/20: Governor Dunleavy announced that the state will move to Phase III of reopening on May 22, 2020, allowing all businesses, religious gatherings, libraries, and recreational activities to reopen at 100% capacity. Additionally, Alaska’s Plan Forward for Phase III was also issued.

Update: Governor Mike Dunleavy released an overview of Reopen Alaska Responsibly outlining what individuals and businesses need to know for each Phase. Phase II began on May 8, 2020.

On April 24, 2020, Phase I of Governor Mike Dunleavy’s reopening plan (see Health Mandate 016) began by easing restrictions on restaurants and retail stores. Limited services also began for other non-essential businesses and personal care services, like barber shops, nail salons, and professional businesses. Health Mandate 016 and the corresponding Attachments provide further information on the activities and businesses that may resume operations under specific guidance and conditions.

International travel (Health Mandate 010) continues to be banned until May 19, 2020. Interstate travel (Health Mandate 012) is banned and social distancing is still in effect until a new notice ends each order.

Additional Resources

Health Mandates

Alaska Department of Health and Social Services

Cloth Face Covering Mandate

Cloth face coverings must be worn by all non-essential workers. Retail and restaurant employees must also wear cloth face coverings. Health Mandate 016 has further details.

Social Distancing Order

Who: Alaska business employers and employees

When: March 28, 2020 until April 11, 2020 (Updated dates for social distancing and intrastate travel to April 21, 2020)

What: Governor Mike Dunleavy issued two COVID-19 related orders: Alaskans must stay at home and are banned from traveling between communities, unless critical. Below are the details about each order.

The first health mandate (Health Mandate 011-Social Distancing) requires that all residents stay at home and “practice social distancing” by:

  • Remaining at least 6 feet apart from anyone else that isn’t in their household,
  • Don’t gather, in private or public, with anyone outside of your household,
  • Frequently handwashing for a minimum of 20 seconds or using hand sanitizer that is at least 60% alcohol,
  • Coughing or sneezing into sleeves or elbows,
  • Regularly cleaning common spaces and surfaces,
  • Not shaking hands or not touching their face,
  • Telework as allowed by employers,
  • Anyone who is sick or exhibiting symptoms must stay home and isolated from other family members.

People may still participate in outdoor activities (e.g., running, bicycling, hunting, hiking, and fishing) as long as the remain at least 6 feet apart from each other.

The following essential services and critical infrastructure categories may remain open:

  • Grocery stores,
  • Financial services sector,
  • Emergency and first responders,
  • Essential government functions,
  • Health care services,
  • Essential infrastructure, and
  • Essential business.

Essential business is further defined as:

  • Food stores,
  • Food and agriculture,
  • Food distribution,
  • Sheltering services for underserved populations,
  • Media,
  • Gas stations,
  • Hardware stores,
  • Trades (e.g., plumbers, electricians, exterminators),
  • Mailing, shipping and delivery services,
  • Laundry services and laundromats,
  • Restaurants can only provide carry out,
  • Office supply businesses,
  • Transportation providers,
  • Home care and residential facilities,
  • Professional services (e.g., legal and accounting), and
  • Child care facilities.

All other businesses must close their facilities or locations within the state, although they maintain Minimum Basic Operations onsite and their employees may telework.

Minimum Basic Operations include complying with social distancing requirements while carrying out:

  • Activities that maintain the business’ inventory, security, payroll and benefits, or any other functions related to these tasks.
  • Activities that help employees telework.

The second mandate (Health Mandate 012), intrastate travel, or travel between communities, is prohibited unless the activity supports critical infrastructure or personal needs.

How:

  • Determine if your business must close, whether you can send employees home to telework, and how to implement social distancing rules and hygiene safety.
  • When you’ve developed a plan to respond to new regulations, consult with your legal counsel to ensure it’s compliant with the state rules.
  • Build a communication strategy to implement these changes in your workforce.
  • Provide support to your employees during this time and make yourself available to answer their questions and concerns.
  • There may be potential discrepancies between state and local orders. If you believe there may be a discrepancy affecting you or your business, you should contact your local government and/or competent local counsel for further advice.

Additional Resources

COVID-19 Health Mandate FAQs

Alaska Department of Health and Social Services

List of Essential Businesses

COVID-19 Health Mandate 011

COVID-19 Health Mandate 012

COVID-19 Health Mandates, Office of Governor Mike Dunleavy

California COVID-19 State Regulations

Reopening Preparations Being Made

Update 8/31/20: Governor Newsom released a Blueprint for a Safer Economy website to help all Californians navigate the changing reality of COVID-19.

Update 8/28/20: A Statewide Public Health Order was released on August 28 to provide recommendations for California’s Plan for Reducing COVID-19 and Adjusting Permitted Sector Activities to Keep Californians Healthy and Safe through Tiers. Local health jurisdictions may reopen specified sectors according to their Tier. This Order takes effect on August 31, 2020.

Update 8/13/20: A new resource was published, Safe Reopening for Workers and Employers. In the document, employee and worker obligations are outlined in a Q&A form. Employers are reminded of things like using and complying with industry-specific guidance, paying employees for medical checks, providing face coverings, as well as to developing and implementing an injury and illness prevention program to reduce hazards and train employees.

Update 7/27/20: Governor Newsom announced the release of the COVID-19 Employer Playbook about how to provide a safe and clean environment for workers and customers. The playbook includes industry-specific guides, checklists, and other tools to support employers as they reopen and address safety procedures.

Update 7/14/2020: Effective on July 13, 2020, Statewide Public Health Officer Order issued for California to close all bars, breweries and indoor restaurants, wineries, and movie theaters. Additional closures are listed on page 5 of the July 13, 2020 statewide public health order.

Update 7/8/20: Governor Newsom stopped the reopening for all counties with high COVID-19 cases for at least the next 3 weeks. Indoor movie theaters, museums, wineries, dining, zoos, are now closed with the exception of restaurants that can offer limited outside dining. See the California Department of Health Guidance on Closure of Sectors in Response to COVID-19 July 1, 2020, and California County Data Monitoring.

Starting May 8, 2020, California will move to an early Stage 2 of the state’s Roadmap, allowing workplaces at lower risk for COVID-19 exposure, retail and manufacturing, to begin reopening as long as they adhere to social distancing, sanitation and hygiene requirements.

A State Report Card outlines the criteria for moving to the next Phase including PPE inventory, testing and hospitalization capacity, and contact tracing capability. Based on the Report Card, California has been meeting its goals for each criteria.

On May 7, 2020, the Governor released industry-specific guidance, including automotive dealerships, construction, and manufacturing. State guidance and checklists were provided for each industry.

Although this is state guidance, Governor Gavin Newsom has allowed that counties may choose different timelines, as long as they meet readiness criteria and submit a readiness plan.

Through the formation of a task force and a Roadmap to Pandemic Resilience, California has announced its framework for reopening, using 4 phases (see page 5 of the Pandemic Resilience Roadmap):

  • Stage 1: Safety and Preparedness to ensure essential workplaces are safe. (California is currently in Stage 1)
  • Stage 2: Lower Risk Workplaces to allow industries to adapt and reopen.
  • Stage 3 Higher Risk Workplaces will begin to adapt and reopen.
  • Stage 4: End of Stay-At-Home Order to expand the workforce in highest risk workplaces.

Governor Gavin Newsom also announced 6 indicators that will be used to modify the current Stay-At-Home Order (see page 2 of the Update on California Pandemic Resilience Roadmap).

Additional Resources

California Department of Public Health Guidance Documents: Coronavirus Disease 2019 (COVID-19)

Executive Order N-60-20

Update on California’s Pandemic Resilience Roadmap

California’s Roadmap to Modifying Non-Pharmaceutical Interventions to Optimize the State’s Overall Physical, Emotional, and Economic Health

California Executive Orders

California Department of Health

NEW: Cal/OSHA Urges Employers to Review Health and Safety Plans; Hosts Industry-Specific COVID-19 Webinars

Who: All California businesses

What: Cal/OSHA recently updated its guidance for employers, urging them to keep their Injury and Illness Prevention Programs (IIPP) up to date. IIPP’s must cover 8 topic areas including responsibility, compliance, communication, hazard assessment, accident and exposure investigation, hazard correction, training and instruction, and recordkeeping.

If an employee requests to see the IIPP, employers must provide a hard copy, unless the employee requests it electronically, within 5 business days. In addition to ensuring that employees have access to the IIPP employers must be sure their programs include written verbiage about:

  • Healthy and safe workplace practice measures
  • Measures to take to identify, evaluate and investigate workplace hazards, injuries and illnesses
  • How to communicate hazards to employees
  • Employee training procedures for a new or unrecognized hazard

Employers are also responsible for training employees on the IIPP and for informing them that they can request access to the program.

Additionally, Cal/OSHA has organized industry-specific webinars throughout the month of September. The full schedule can be found here.

Additional Resources

Cal/OSHA and Statewide Industry Guidance on COVID-19

Employee Access to Injury and Illness Prevention Program

Mandated Face Coverings

On June 18, 2020, the California Department of Public Health issued guidance that all California residents are required to wear a cloth face covering in high-risk situations. A cloth face covering is any material or fabric that covers the nose and mouth.

Examples are more extensive in the guidance, but include:

  • Inside and outside public areas.
  • Performing work onsite or offsite whenever interacting with the public or a space frequented by the public, common areas like hallways and elevators, wherever food is prepared to help prevent the spread of COVID-19.
  • Taking public transportation, ridesharing, or taxis.
  • Whenever obtaining any health care services.

There are exceptions to this rule if individuals meet certain requirements. Remember that face coverings don’t replace social distancing, hygiene, or sanitation guidelines.

How:

  • Employers should review industry-specific guidance.
  • Be sure your employees know what kinds of masks they should be wearing and how to wear them properly
  • Be sure to check your local county or city mandates for additional requirements, like providing employees with coverings.

Additional Resources

CDPH Guidance for the Use of Face Coverings

Face Coverings, Masks, and Respirators

Statewide Industry Guidance to Reduce Risk

California Public Health Officials Release Guidance Requiring Californians to Wear Face Coverings in Most Settings Outside the Home (Press Release)

Enforcement of the California Consumer Privacy Act Takes Effect July 1, 2020

Who: Covered California Businesses

When: Effective Immediately

What: As of July 1, 2020, the enforcement of the California Consumer Privacy Act (CCPA) is effective. The CCPA may impact the requirements that the COVID-19 pandemic has placed on businesses to help prevent the spread of infection.

Primarily intended to protect consumers, the CCPA uses a definition of consumer that extends to employees as well. Businesses will need to determine the source of the personal information and how it will be collected and used. When it comes to employees’ personal information, businesses will need to determine if the information will be used in any way outside of the employment relationship between a business and its workers. Consulting with legal counsel may help with this determination.

As businesses work to meet state and local orders about COVID-19 hygiene and safety requirements, and gather personal information, they should review and update their privacy notices to ensure they comply with the CCPA. Under the regulation, employers must provide notice to consumers, which can include individuals like employees, job applicants, and contractors, at or before collection of personal information about what categories of personal information will be collected and why their personal information is being collected.

Personal information is defined by the CCPA as, “information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.”

Additional Resources

Chapter 20. California Consumer Privacy Act Regulations

California Unemployment Insurance Benefits Available for Long-Term Unemployed

Who: California employees

When: Effective Immediately

What: California has taken two actions to increase long-term unemployment benefits to workers. The California Employment Development Department completed its Pandemic Emergency Unemployment Compensation rollout which provides up to 13 weeks of unemployment insurance benefits for individuals who have run out of the normal benefits.

Governor Newsom signed AB 103 into law, qualifying the state for federal standards of unemployment benefits. These benefits include an additional 7 weeks of unemployment benefits.

These actions have increased the possible unemployment insurance benefits to up to 20 weeks and will be utilized through the Federal-State Extended Duration (FED-ED) benefits program.

In order to be eligible, workers must have earned more than 40 times the weekly benefit amount or 1.5 times their highest quarterly earnings during the base period, covering 12 months, divided into 4 consecutive quarters.

Those who qualify will be eligible for the $600 stimulus through July 25, 2020, based on the end date named in the federal CARES Act. FED-ED will be re-establishing the requirement that workers answer basic questions about their unemployment status.

Additional Resources

FED-ED Extension

California Employment Development Department PEUC

California Employment Development Department COVID-19

California COVID-19 FAQs

Cal/OSHA Issues Additional Guidance for Reporting COVID-19 Cases

Cal/OSHA’s guidance regarding recording and reporting COVID-19 cases is similar to federal OSHA guidance, requiring employers to investigate if a COVID-19 case is work-related and record them on the company’s log when the case results in death, lost time, medical treatment, or loss of consciousness.

Separate to federal guidance Cal/OSHA goes on to require that employers may need to report the work-related COVID-19 case when it results in death or hospitalization. Additionally, the state agency mandates that any work-related case that results in death or hospitalization must be reported, no matter how much time has elapsed.

The work-related case may also need to record it, and maybe even report it, if it causes “significant injury or illness” as stated by a medical professional.

Other ways Cal/OSHA differs from federal guidance:

  • There may be instances where a confirmed positive COVID-19 test isn’t needed for a reportable or recordable case, suspected cases may qualify for reporting or recording.
  • Because Cal/OSHA requires the reporting of a “serious injury or illness,” employers may need to report a case of COVID-19 regardless of whether it is work-related.
  • Determining if a COVID-19 case is eligible for workers’ compensation is a separate decision from determining if a case is recordable or reportable to the agency.

Additional Resources

Recording and Reporting Requirements for COVID-19 Cases

Employer Injury and Illness Prevention Program Expanded

Under guidance that came out in late May, Cal/OSHA has modified its rules to mandate that California employers create and enforce an Injury and Illness Prevention Program (IIPP). The IIPP program must contain 4 key provisions listed under the California Code of Regulations, title 8, section 3203. The Program must address four key areas including procedures for developing health and safety work practices, procedures for finding and assessing workplace hazards, injuries, and illnesses, developing systems for employee hazard communications, and employee training.

The program must take into consideration COVID-19 infection control in the workplace and follow CDC recommendations. It must be a written document that is readily available to employees. Employers are to provide preventable measures and training.

There are additional industry-specific considerations for businesses like agriculture, child care, and construction.

Additional Resources

KPA’s How California Auto Dealers Can Get Back to Work Under Cal/OSHA’s Guidelines

§3203. Injury and Illness Prevention ProgramCal/OSHA Interim General Guidelines for Protecting Workers from COVID-19

Stay-At-Home Order

Who: California residents

When: Effective Immediately with no specified end date. (4/10/20 update: Cities and Counties have begun modifying and extending their orders)

What: California Governor Gavin Newsom issued Executive Order N-33-20, which requires all residents to stay at home indefinitely. There are certain industry sectors that are an exception, including:

  • Healthcare/ Public Health
  • Emergency Services
  • Energy
  • Water and Wastewater
  • Transportation and Logistics including warehouse workers, distribution companies, mass transit workers, taxi and delivery drivers, employees of automotive repair and maintenance facilities, rail equipment, and marine vessels
  • Communications and Information Technology
  • Community-based Government Operations and Essential Functions like security staff, construction workers, employees of commercial retail stores that supply essential sectors like auto supplies and repair, hardware and home repair, workers supporting public and private childcare establishments
  • Critical Manufacturing for materials and products like medical supply chains, transportation, energy, communication, food and agriculture, chemical manufacturing, nuclear facilities, the operation of dams, water and wastewater treatment, and emergency services.
  • Hazardous materials like workers are nuclear facilities, employees who manage medical waste or laboratory processing test kits or support hazardous waste material response and cleanup.
  • Financial Services including banking and lending services and the support of financial operations.
  • Chemical including employees in chemical manufacturing plants, laboratories, and distribution facilities, employees who transport raw materials and chemicals, or are involved in the production of protective and cleaning medical solutions, personal protective gear.
  • Defense Industrial Base including contractors, subcontractors, and employees need to meet national security commitments.

Some of you may be aware that specific counties in California have also issued separate “shelter in place” or public health orders. Essential businesses that are defined in each county order are allowed to remain open during this time. Some examples include hospitals and healthcare providers, gas stations, pharmacies, food suppliers (like grocery stores), farmer’s markets and restaurants (but only take-out and delivery), banks, community benefit organizations (case-by-case), and laundry services. 

The California New Car Dealers Association published a memorandum by the Littler Mendelson law firm opining on the conflicts between the city, county, and state “shelter in place” orders. They are of the opinion (and we agree) that where the orders conflict, the more restrictive language should be followed.

Failure to abide by this Executive Order is a criminal misdemeanor punishable by up to a $1,000 fine and/or up to six months in jail. If a business fails to comply it could also be sued under the unfair competition law by the Attorney General, or anyone harmed by the unfair competition, for injunctive relief, restitution, and attorneys’ fees. Moreover, an employee who refuses to work for, and is subsequently terminated by, an organization that isn’t exempt from the Executive Order, could also sue for unlawful retaliation or wrongful termination.

How:

Determine if you fall within one of the above restricted categories and research any additional local ordinance your business may need to adhere to. You may need to contact your local authorities and/or competent counsel for additional guidance on whether your business is exempted. Also, evaluate your infrastructure to ensure continuity of networks and telecommuting tools for employees who are able to work remotely.

Additional Resources

COVID-19 Exempted Sectors

California COVID-19N-33-20

 Executive Order

WARN Act Notice Requirements Temporarily Suspended

Who: California employers with 75+ employees

When: Effective Immediately until the end of this emergency

What: Governor Gavin Newsom signed Executive Order N-31-20, which relieves employers of the 60-day notice requirement of the California Worker Adjustment and Retraining Notification (Cal-WARN).

The executive order waives the current requirement that employers with 75+ employees in the last year must provide 60 days’ notice before conducting large-scale layoffs (i.e., 50+ employees in a 30-day period), relocation, termination, or furloughs. The new requirement states that employers must:

  • Give as much notice as is practical.
  • Be consistent with the federal WARN Act in that the mass layoff, etc. must be caused by COVID-19-related business circumstances that were not reasonably foreseeable at the time that notice would have been required.
  • Give written notices as outlined in Cal-WARN. When the notice is distributed, also provide a brief statement outlining the reason for reducing the 60-day notice requirement.
  • The statement must include, “If you have lost your job or been laid off temporarily, you may be eligible for Unemployment Insurance (UI). More information on UI and other resources available for workers is available at labor.ca.gov/coronavirus2019.”

How:

If you’re considering a mass layoff, closure, relocation because of COVID-19, aside from contemplating consulting with competent legal counsel, be sure to:

  • Determine whether you’re covered by Cal-WARN.
  • If you’re covered, modify your procedures to comply with the Executive Order by providing proper notice, stating clearly that the reason is because of COVID-19.
  • Ensure you have a statement stating why you aren’t following the normal 60-day notice and the requirement statement above.
  • In addition to distributing the written notice to impacted employees, be sure to notify the California Employment Development Department, the local workforce investment board, and the elected official of each city and county government where the layoff, closure, etc. occurs.

Additional Resource

COVID-19 Resource for Employers and Workers

KPA Partner Fisher Phillips’ Auto Dealership COVID-19 FAQ

Who: California auto dealerships

When: Effective Immediately

What: Fisher Phillips has put together a comprehensive list of questions that auto dealers may be facing in light of California’s executive order and the evolving policies issued by the federal government.

In a frequent asked questions format, Fisher Phillips answers questions involving:

  • Continuing operations at your dealership
  • Length of California’s Executive Order
  • Layoffs versus furloughs
  • Paid sick leave and its relation to the Family Medical Leave Act (FMLA)
  • Employment issues revolving around positive COVID-19 tests

How:

If you have questions about your business’s response to COVID-19, take time to review the FAQ to see if Fisher Phillips may have an answer to your question.

Sacramento Paid Leave

Who: Employers with 500+ employees

When: July 15, 2020 to December 31, 2020

What: The Sacramento City Council passed the emergency ordinance, the Worker Protection, Health, and Safety Act, that requires employers not covered by the Emergency Paid Sick Leave Act under the Families First Coronavirus Response Act (FFCRA) to provide up to 80 hours of supplemental paid sick leave for the same qualifying reasons under the FFCRA.

Full-time employees qualify for 80 hours of paid sick leave and part-time employees will receive an amount that is equal to the number of hours worked on average over a two-week period. Employers should calculate that rate by using the number of hours worked for each week during the 6 months immediately preceding July 15, 2020, multiplied by 2.

Under the law, employees may also use supplemental paid sick leave if they can’t work or telework because they’re part of a vulnerable population due to their age or their compromised immune system.

Employers are required to implement social distancing and cleaning protocols and practices, including providing face coverings for employees and mandating the use of face coverings when social distancing can’t be maintained.

Employers can’t require an employee to use other accrued paid sick leave, paid time off, or vacation time before using supplemental paid sick leave (SPSL). Employers can’t require an employee to find a replacement work as a condition of using SPSL and also can’t discipline or dock attendance points for an employee’s use of SPSL. Employers also can’t retaliate against employees that exercise their rights under the ordinance.

If employers provided additional paid sick leave starting March 19, 2020, they may choose to use that leave time as credit against the number of SPSL hours required by the ordinance.

Employees have the right to refuse work if the employer is violating the ordinance in any way. If they’re asked for it, employees must provide the reason for requesting the SPSL, although a doctor’s note isn’t required. Employees should give reasonable notice if it’s required by the employer.

Additional Resources

Ordinance No. 2020-0026

City of Sacramento COVID-19 Website

San Francisco Paid Sick Leave

Who: All San Francisco employers

When: Effective Immediately

What: San Francisco Mayor London Breed announced a “Workers and Families First Program” to expand paid sick leave to workers impacted by COVID-19. The program will provide financial assistance to businesses and nonprofits to provide an additional five days of paid sick leave to employees on top of their existing policies.

Up to 20% of Program funds will be set aside for small San Francisco businesses with 50 or fewer employees. The Program will contribute up to 40 hours (or one week) at $15.59/hour (minimum wage) per employee or $623 per employee. The employer must pay the difference between minimum age and the employee’s hourly wage.

The program is available if:

  • The worker has used all of their currently available sick leave
  • The worker has used or isn’t eligible for federal or state supplemental sick leave
  • The employer agrees to extend sick leave beyond its current policy.

How:

Review your current sick leave policies and determine if your business and employees could benefit from this new program.

Additional Resources

San Francisco Paid Sick Leave & The Coronavirus

Assistance and Guidance for Businesses and Workers Impacted by COVID-19

City and County Office of Labor Standards Enforcement

San Francisco Paid Public Health Emergency Leave Extended

Employers within San Francisco city limits must provide Public Health Emergency Leave Ordinance (PHELO) leave to:

  • Full-time employees, regardless of how long they’ve been employed
  • Part-time employees, regardless of how long they’ve been employed
  • Temporary employees, regardless of how long they’ve been employed
  • Workers that perform labor or services within the city, which can include employees that live inside city limits but work from home 56 or more hours/year or employees that work outside of the city but stop inside city limits to perform work, like deliveries, for 56 or more hours/year
  • Employees considered employees under California law and have worked in San Francisco

Health care or emergency response employers may choose to limit the available leave through PHELO but at minimum, these employees must be able to use leave if they can’t telework or get to work because of COVID-19-like symptoms, are waiting on a COVID-19 diagnosis, and don’t meet CDC criteria for health care workers to return to work.

Full-time employees that work 40 hours per week as of February 25, 2020, are eligible for 80 hours of paid leave through PHELO. Part-time employees are eligible for that equals the average number of hours over a two-week period from six months prior to February 25, 2020 (including any taken leave time). Leave may be taken by an employee at any time as long as the hours of leave don’t exceed the average number of worked hours over a one-week period in the prior 6 months leading up to February 25, 2020.

Employers must distribute the notice provided by the Office of Labor Standards in a manner that will reach all employees, whether it be online or by physically posting the notice in a conspicuous place. The notice must be in all languages spoken by at least 5% of the workforce.

Additional Resources:

Emergency Ordinance: Public Health Emergency Leave File No. 200355

San Francisco Public Health Emergency Leave Notice

San Francisco Public Health Emergency Leave Ordinance FAQs

San Francisco Coronavirus COVID-19 Guidance and Resources

San Jose Provides Emergency Paid Sick Leave

From April 7, 2020, to December 31, 2020, an emergency order has mandated that San Jose private employers provide an additional two weeks of paid sick leave to employees during the COVID-19 public health emergency.

Who: This order covers employers that don’t fall under the FFCRA paid sick leave benefits. Employers with 500 or more employees and small employers with 50 or fewer employees are covered by the San Jose emergency order. Employees who qualify for the paid sick leave must be considered essential and have to leave their homes to conduct their work. Employees who work from home aren’t eligible.

Reasons for using emergency paid sick leave include if the employee:

  • Has been asked to quarantine by a public health official or government order,
  • Is experiencing COVID-19 symptoms and is seeking a medical diagnosis,
  • Must care for a family member that has been instructed to quarantine by a public health official or government order, or
  • Must care for a family member whose day care provider has closed.

Employers must provide 80 hours of paid sick leave to full-time employees. Part-time employees are eligible for paid sick leave hours that equal the number of worked hours over two weeks, using the average number of hours worked per day during six months leading up to the emergency order effective date (April 7, 2020).

Total paid sick leave that an employee can use for their own care is capped at $511 per day and $5,110 overall. Paid out paid sick leave is is capped at $200 per day and $2,000 total if the employee is caring for someone else.

Recordkeeping: Employers must record and maintain documentation of employees using time under the paid sick leave ordinance. Recorded information includes: employee’s name, the date(s) of leave requested, the reason for leave, and a statement on why the employee is unable to work because of the reason for leave.

Exemptions exist for employers who already provide the same amount of personal or paid leave to their employees.

Additional Resources:

San Jose Urgency Ordinance No. 30390

San Jose Know Your Sick Leave Ordinance Rights

San Jose COVID-19 Sick Leave Ordinance FAQs

San Jose Urgency COVID-19 Paid Sick Leave Ordinance Website

San Mateo Emergency Paid Sick Leave

Who:

  • Employers with 500+ employees
  • Employees who work in the county’s unincorporated areas since January 1, 2020
  • Food sector workers who are covered by California Executive Order N-51-20 are excluded

When: July 8, 2020 to December 31, 2020

What: San Mateo County adopted an emergency ordinance to require large employers to provide temporary emergency paid sick leave related to COVID-19. The ordinance is aimed at larger employers that aren’t covered by the Families First Coronavirus Response Act (FFCRA).

Full-time employees are entitled to 80 hours of supplemental paid sick leave (SPSL). Part-time employees are entitled to SPSL that equals no more than the employee’s average number of hours worked during a 2-week period, calculated between January 1, 2020 through July 7, 2020. SPSL must be paid at the employee’s regular rate of pay, up to $511/day or $5,110 total, regardless of the reason.

Employers must provide SPSL following the employee’s written request if the individual can’t work or telework based upon the reasons outlined under the FFCRA. The emergency ordinance specifies that the request must be made in writing, whether through email or text.

Exemptions exist for employees who are health care providers, aviation security workers, or emergency responders, as defined by the FFCRA.

If employers provided additional paid sick leave between March 17, 2020 and June 30, 2020, they may choose to use that leave time as credit against the number of SPSL hours required by the ordinance.

Employers can’t retaliate against employees that exercise their rights under the ordinance.

Additional Resources

County of San Mateo Emergency Sick Leave OrdinanceCounty of San Mateo

Santa Rosa Emergency Paid Sick Leave

Who: All private employers, including those covered by the federal Emergency Paid Sick leave Act, and employers with 500+ employees.

When: July 7, 2020 to December 31, 2020, with a possibility for extension

What: Santa Rosa’s City Council passed an emergency ordinance requiring employers provide up to 80 hours of temporary sick leave to full-time employees. Part-time employees are entitled to SPSL that equals no more than the employee’s average number of hours worked during a 2-week period.

The ordinance doesn’t apply to employers that have provided employees, as of July 7, 2020, with some combination of paid personal leave or paid sick leave that the ordinance requires. Employers that provide paid sick leave that amounts to less than the emergency ordinance must comply with the new law. This temporary leave is to be in addition to the leave that the employer already provides.

The reasons for use of the temporary paid sick leave are like those outlined by the FFCRA. The leave must be paid at the employee’s regular rate of pay, up to $511/day or $5,110 total. Employees aren’t required to provide written notes from health care professional for employer documentation.

Employers can’t require an employee to find a replacement work as a condition of using temporary paid sick leave and can’t discipline or dock attendance points for an employee’s use of the leave. Employers also can’t retaliate against employees that exercise their rights under the ordinance.

Additional Resources

City of Santa Rosa Urgency Ordinance

Santa Rosa Temporary Sick Leave Ordinance for COVID-19

City of Los Angeles Passes Supplemental Paid Sick Leave

Effective April 7, 2020, employers in the city of Los Angeles, who have more than 500 employees or more than 2,000 employees across the U.S., must provide supplemental paid sick leave of up to 80 hours if the employee has been asked to quarantine by a public health official, is a member of a high-risk population, must care for a family member that has been instructed to quarantine, or they need to care for a family members whose day care has closed. This rule also includes employees who may live outside of LA but work inside city limits.

Note that there are exemptions from this rule like critical delivery service employees, new businesses, or closed businesses. Additionally, a collective bargaining agreement may supersede this rule and legal counsel should be consulted.

Pay Rate: Is the amount equivalent to an employee’s average two-week pay during the time between January 1, 2020 through April 28, 2020, maxing out at $511 per day and $5,110 overall.

Documenting and Recordkeeping: Employers can’t require medical notes or other official documentation for the leave taken, they may request a verbal or written general reason for taking the leave, without getting into detailed medical information. Employers must keep track of the leave taken including the employee’s name, dates requested, general reason, approval or denial, and the reason for denial if applicable.

Additional Resources

Public Order Under the City of Los Angeles Emergency Authority Supplemental Paid Sick Leave Due to COVID-19 (May 19, 2020)

City of Los Angeles Office of Wage COVID-19 Resources

City Los Angeles Supplement Paid Sick Leave Rules and Regulations

City of Los Angeles Paid Sick Leave Website

City of Los Angeles COVID-19 Orders

Los Angeles County Approves Supplemental Paid Sick Leave for Large Employers

Effective April 29, 2020, businesses located in Los Angeles County, and with 500 or more employees, must provide paid sick leave until December 31, 2020. This rule covers employees on April 28, 2020, who conduct any work or services within the unincorporated parts of the county. Employees are entitled to supplemental paid sick leave retroactive to March 31, 2020, if one of the qualifying COVID-19 reasons are met.

Employees that work 40 hours/week or are classified as full-time employees receive 80 hours of leave, and their pay rate is based on the employees’ highest average of two-week pay during the period between January 1, 2020 and April 28, 2020.

Part-time employees that work less than 40 hours should receive an amount of leave that is no greater than their average of two-week pay during the period between January 1, 2020 and April 28, 2020.

Employers can’t require that employees use other paid or unpaid leave or vacation time, instead of supplemental paid sick leave (SPSL).

Reasons for using supplemental sick leave include if the employee:

  • Has been asked to quarantine by a public health official or government order,
  • Is a member of a high-risk population,
  • Must care for a family member that has been instructed to quarantine by a public health official, or
  • Must care for a family member whose day care provider has closed.

Recordkeeping and Documentation: Employers may require a doctor’s note or other documentation to support the reason for SPSL. Employers must provide SPSL when employees make their written requests.

Rate of Pay: Employers should use an employee’s average rate when calculating pay rates for SPSL. The rule does impose a daily limit of $511 and overall amount of $5,110.

Note that there are exemptions from this rule like for food sector workers who qualify for a different state rule enacted by Governor Newsom, health care providers and emergency responders.

Additional Resources

Los Angeles County Paid Sick Leave Ordinance

Los Angeles County Paid Sick Leave Interim Guidance

Oakland Passes Emergency Paid Sick Leave for Employees

Effective May 12, 2020, Oakland employers must provide paid sick leave to employees who have COVID-19-related reasons:

  • Mainly this rule is intended to support employers with 500 or more employees who aren’t covered by the FFCRA.
  • Employers who qualify for leave under the FFCRA are still subject to this law but may credit their total FFCRA paid sick leave hours against their obligation under this ordinance.
  • Employers with less than 50 employees are exempt from this rule.

Emergency sick leave is calculated by the hours worked within Oakland’s city limits between February 3, 2020, and March 4, 2020:

  • Employees who worked at least 40 hours between February 3, 2020 and March 4, 2020 or are considered full-time employees, are eligible for 80 hours of emergency paid sick leave.
  • Employees who have worked less than 40 hours during the same time period are eligible for leave that is based on the number of hours they worked during a 14-day period between February 3, 2020 and March 4, 2020. The 14 days must be the 14 days with the highest number of hours worked within the City of Oakland during the period of February 3, 2020 through March 4, 2020.

Reasons for using supplemental sick leave include if the employee:

  • Is exhibiting symptoms of COVID-19 and is seeking diagnosis, or another similar condition as directed by the U.S. Department of Health and Human Services,
  • Has been asked to quarantine by a public health official or government order,
  • Is a member of a high-risk population,
  • Must care for a family member that has been instructed to quarantine by a public health official
  • Must care for a family member whose day care provider has closed, or
  • If the employee is unable to telework or work because they are at high-risk or they are caring for a family member who tested positive for COVID-19 or because they have COVID-19.

Documentation: An employer can’t require doctor’s notes or other documentation unless it’s to verify the condition that makes the employee part of a high-risk population. In this case, the employee doesn’t need to disclose the condition, just that they are at high-risk.

Employees can use intermittent leave in one-hour increments; employers can’t require employees to use the leave in greater than 1-hour increments.

Rate of Pay: Depending on the qualifying reasons for the leave, employers, including those covered by the FFCRA, must pay their employees at 100% of the employee’s normal wages, capped at $511/day and a total cap of $5,110, or two-thirds of the employee’s regular rate of pay, capped at $200 per day and $2,000 overall. Further details can be found on the FFCRA poster.

Note that there are exemptions from this rule like emergency responders, health care providers, and employers who provide more than 160 hours of paid personal leave already (there are additional requirements for these types of employers). Additionally, a collective bargaining agreement may supersede this rule and legal counsel should be consulted.

Posting Notices: Employers must provide a notice to employees within 3 days of the city releasing the official notice. The notice must be provided to employees in each language spoken by more than 10% of the employer’s workforce.

Expiration: December 31, 2020.

Additional Resources

Emergency Paid Sick Leave for Oakland Employees During COVID-19 Pandemic Ordinance

COVID-19 (Coronavirus Disease) and Oakland’s Sick Leave Law Guide

Oakland Coronavirus 2019 (COVID-19) Business and Worker Resources

Long Beach Supplemental Paid Sick Leave Ordinance

Effective May 19, 2020, Long Beach passed Paid Supplemental Sick Leave emergency ordinance. The emergency order applies to private employers with more than 500 employees nationwide and covers and covers employees that work within the city limits of Long Beach.

Reasons for using emergency paid sick leave include if the employee:

  • Has been asked to quarantine by a public health official or government order;
  • Is experiencing COVID-19 symptoms and is seeking a medical diagnosis;
  • Must care for a family member that has been instructed to quarantine by a public health official or government order; or
  • Must care for a family member whose day care provider has closed.

Employers may require a reason for the paid sick leave being used but can’t require a doctor’s note or other official documentation for using the leave.

Calculation: Full-time employees are entitled to 80 hours of paid sick leave. Part-time employees are eligible for paid sick leave hours that equal the average number of hours they work in a two-week period.

Pay Rate: Employers can pay employees for paid leave at their regular rate of pay, not to exceed $511/day or $5,110 overall. Employers may pay employees, who are using paid sick leave to care for another individual, two-thirds their regular pay rate, not to exceed $200/day or a total of $2,000.

Exemptions exist for employees who can work from home and are healthy in addition to health care providers, government agencies, the employer already provides a general leave of 160 hours or more of paid leave per year, or if a collective bargaining agreement already provides for COVID-19 sick leave. Future collective bargaining agreements can waive the PSSL if employees acknowledge their PSSL and waive their rights to the leave.

Additional Resources

Long Beach Ordinance No. 20-0429

Hawaii COVID-19 State Regulations

Beyond Recovery Hawaii Reopening Plan

Governor David Ige issued the 7th Supplementary Emergency Proclamation for businesses to begin Phase I reopening on May 7, 2020. All businesses must check local county ordinances for additional restrictions and guidelines.

Under Phase I, businesses like auto dealerships, retail and repair services, and non-food agriculture may begin reopening as long as they meet safety guidelines outlined in Exhibit G of the Proclamation (page 69).

Update 7/15/20: In a press release, the Hawaii Department of Health announced they will increase the shutdown of restaurants and bars if safety measures are not followed. Red placards will be given to restaurants and bars that violate safety requirements and physical distancing to prevent the spread of COVID-19.

Update 6/15/20: The 9th Supplementalary Proclamation Related to the COVID-19 Emergency was issued to extend the state of emergency to July 31, 2020.

Update 6/5/20: As Phase II has started, Hawaii has released several resources to outline reopening guidance including Beyond Recovery: Reopening Hawaii and Roadmap to Recovery Website.

Update: The 8th Supplementary Emergency Proclamation was released as well as Governor Ige’s strategy memo for reopening the state. The Proclamation extends the ban on out-of-state travelers and evictions. The state is expected to move to Phase II in June, where additional businesses will be allowed to reopen.

Additional Resources

New: Beyond Recovery: Reopening Hawaii

New: Roadmap to Recovery Website

New: Hawaii COVID-19 Joint Information Center on Reopening Strategy Online (News Release – June 3, 2020)

8th Supplementary Emergency Proclamation

Governor Ige’s strategy memo

COVID-19 Guidance for Everyone

7th Supplementary Emergency Proclamation

Charting the Course for Hawaii’s Recovery

Hawaii COVID-19

Face Mask Mandate

All residents are strongly encouraged to wear face masks in accordance with the CDC.

Essential businesses must require customers to wear a face mask as well as employees who have contact with the public or goods that will be purchased. See page 12 of the Eighth supplementary proclamation related to the COVID-19 Emergency -for further details.

Additional Resources

Eighth Supplementary Proclamation Related To The Covid-19 Emergency

Additional Guidance On Face Masks To Prevent The Spread Of COVID-19

Hawaii COVID-19 Information & Resources

Hawaii Department of Health

Stay-At-Home Order

Who: Hawaii employers and employees

When: March 25, 2020 through April 30, 2020

What: Governor David Ige issued a stay-at-home order that stops all activities that aren’t considered essential and bans the gathering of more than 10 people. This new order is on top of a 14-day quarantine for all incoming visitors and residents, which takes effect on March 26.

People may still leave their homes to go to work at an essential business, gather groceries and essential living items, and seek health care.

Essential businesses include pharmacies, grocery stores, and other food retailers, restaurants for take-out, transportation, gas stations, and other essential transportation business, educational facilities, financial institutions, media, telecommunications, hotels, hardware, and construction supply and contractors, charitable organizations, laundry services, funeral homes and crematories, critical government services, professional services like lawyers and accountants, residential facilities and shelters, child care providers, equipment and supply manufacturers.

These essential businesses must:

  • Designate or outline spaces for people to maintain physical distance from each other.
  • Make hand sanitizer and sanitizing products readily available to employees and customers.
  • Provide separate operating hours for the elderly and high-risk customers.

How:

  • Determine whether your business is considered essential. Assess your current workforce for who may be able to work remotely or is essential to be onsite, bearing in mind the limit of 10 people or less.
  • When you’ve developed a plan to respond to the new regulations, consult with your legal counsel to ensure it’s compliant with the state rules.
  • Build a communication strategy to implement these changes in your workforce.
  • Provide support to your employees during this time and make yourself available to answer their questions and concerns.

Additional Resources

Hawaii Third Supplementary Order

Hawaii State Department of Health

Oregon COVID-19 State Regulations

Reopening Oregon

Update 7/28/20: The Phase II guidance has been added to the Governor’s COVID-19 Resources page and includes her June 4, 2020 presentation slides, industry-specific information, and county guidance.

Update 6/8/20: Executive Order 20-27 was issued outlining Phase II of reopening and what requirements businesses and residents must meet in order to remain safe. Business-specific requirements start on page 5 of the Executive Order.

Update 6/5/20: Governor Kate Brown approved Phase II for 26 counties starting on June 5, 2020, as long as they adhere to the Phase II guidance.

Governor Kate Brown announced the framework for reopening the state, driven by science and data.

On May 5, 2020, Governor Brown announced the opening of state parks and outdoor recreation areas, provided that everyone adhere to safety requirements like wearing masks, leaving no trace, and bringing your own soap or hand sanitizer.

Beginning May 15, 2020, through state-approved local county orders, businesses, like furniture stores, dine-in restaurants, and personal care services, can begin to reopen. Childcare, summer school, and youth programming can also begin to reopen. In-person gatherings of up to 25 people are allowed. Local counties are required to submit applications for reopening. Large gatherings, like conventions, festivals, and major concerts are canceled through September.

Safety requirement details for Phase I can be found on page 17 of the Reopening Oregon Framework Presentation.

Additionally, businesses like retail stores, ride-sharing services, grocery, gyms, and restaurants, must require employees to wear a face mask and provide them. Face masks may be cloth. Businesses may require customers or visitors to wear masks. Businesses should develop and implement procedures that accommodate exceptions to mask-wearing. See the Mask and Face Covering Guidance for Business, Transit, and the Public Guide.

Additional Resources

Reopening Oregon Plan

Building a Safe and Strong Oregon

Statewide: Baseline Reopening

Executive Order No. 20-25

Mask and Face Covering Guidance for Business, Transit, and the Public Guide

Face Covering Mandate

Under Executive Order 20-30, effective July 1, 2020, all Oregon residents are required to wear a face covering in indoor public spaces. Exceptions to the rule include people with disabilities, medical conditions, or children under 12.

Businesses are encouraged to provide face covering supplies to customers and to work with employees who interact with the public on how to interact with customers who aren’t wearing face coverings or choose not to wear one in the business facility.

Update 8/13/20: Statewide Guidance on Masks, Face Coverings, and Face Shields was issued for all state residents and businesses outlining what everyone is responsible for in public indoor and outdoor spaces as well as private office spaces.

Additional Resources

Executive Order 20-30

Statewide Mask, Shield, Face Covering Guidance

Oregon Health Authority Website

Face Covering Facts

Building a Safe and Strong Oregon Website

Oregon OSHA COVID-19 Workplace Advisory Memo 6.27b

Stay-At-Home Order

Who: Oregon employers and employees

When: March 24, 2020 to April 28, 2020.

What: Governor Kate Brown issued an Executive Order on Monday mandating that Oregon residents stay home and for certain businesses to temporarily close.

The following businesses must be closed: amusement parks, aquariums, arcades, art galleries without appointments, barber shops and hair salons, bowling alleys, cosmetic stores, dance studios, esthetician practices, fraternal organization facilities, furniture stores, gyms and fitness studios, hookah bars, indoor and outdoor malls, indoor party places, jewelry shops and boutiques, medical spas, facial spas, day spas, and non-medical massage therapy services, museums, nail and tanning salons, non-tribal card rooms, skating rinks, senior activity centers, ski resorts, social and private clubs, tattoo parlors, tennis clubs, theaters, yoga studios, and youth clubs.

However, restaurants, bars, taverns, brew pubs, wine bars, cafes, food courts, coffee shops, or other similar establishments that offer food or drink can remain open but can only provide take-out or delivery service.

Although this is subject to change, other businesses may remain open but should implement teleworking wherever possible. The order does require that open businesses establish, implement, and maintain social distancing policies that comply with the Oregon Health Authority. Failure to comply will result in the business’s closure until it can comply with the rules.

Grocery stores, health care, medical, and pharmacy services are excluded from this order.

Childcare facilities are allowed to operate if they are carried out in maximum groups of 10 or fewer children (and in a classroom that cannot be accessed by additional children) and if they prioritize the childcare needs of first responders, emergency workers, health care professionals, critical operations staff, and essential personnel.

In a prior Order (Executive Order No. 20-07), the Governor banned gatherings of more than 25 people.

How:

  • Determine if your business must close, whether you can send employees home to telework, and how to implement social distancing rules and hygiene safety.
  • When you’ve developed a plan to respond to new regulations, consult with your legal counsel to ensure it’s compliant with the state rules.
  • Build a communication strategy to implement these changes in your workforce.
  • Provide support to your employees during this time and make yourself available to answer their questions and concerns.
  • There may be potential discrepancies between state and local orders. If you believe there may be a discrepancy affecting you or your business, you should contact your local government and/or competent local counsel for further advice.

Additional Resources

Executive Order No. 20-07

Executive Order No. 20-12

Oregon Coronavirus Information & Resources

COVID-19 Related Business Layoffs, Closures, and Unemployment Benefits

Predictive Employee Scheduling & Coronavirus Pandemic

Unemployment Expansion

Who: Oregon employers and employees

When March 8, 2020 through September 12, 2020

What: The Oregon Employment Department issued new rules to soften the eligibility criteria for unemployment benefits related to COVID-19.

The following “COVID-19 related situations” will extend unemployment benefit support to workers impacted by the virus:

  • Workers who are unable to work because they are sick with COVID-19;
  • Workers who are unable to work because they have been subject to mandatory quarantined due to possible COVID-19 exposure;
  • Workers who are unable to work because, at the advice of their health care provider or by advice issued by public health officials to self-quarantine due to a possible risk of exposure to, or spread of, COVID-19;
  • Workers who are unable to work because their employer has stopped all operations because of COVID-19;
  • Workers who are unable to work because they have to stay at home to care for a child due to the closure of schools, child care providers, or similar facilities due to COVID-19; and
  • Workers who are being asked to work in violation of a mandatory quarantine or the Governor’s directives.

Although the above exceptions extend eligibility to employees affected by COVID-19, these individuals still need to meet unemployment benefit requirements including that they are able and available to work as well as actively seeking work.

People are not disqualified from receiving unemployment insurance benefits under the following circumstances:

  • The person is discharged because of a COVID-19 related situation;
  • The person quits work because of a COVID-19 related situation;
  • The person fails to apply for work when referred by the employment office or the direct because of a COVID-19 related situation; or
  • The person fails to accept an offer of work because of a COVID-19 related situation.

An individual will not be deemed “unable to work” if they are:

  • Quarantined by order of a health official or health care provider but aren’t sick
  • Homesick with COVID-19 or sick with similar symptoms, without turning down an offer to work
  • Hospitalized because of COVID-19 for less than half a week, without turning down an offer to work during that week.
  • Offered work and do not accept it because they are sick with COVID-19, or a condition with similar flu-like symptoms

A person is “actively seeking work” if their search efforts are impaired by COVID-19, or are unemployed because of a COVID-19-related situation, and:

  • They are their employer intend on the person resuming work for their employer when COVID-19 related situations permit and the person stays in contact with their employer, so they can return to work when the employer permits; or
  • They or their employer do not intent the employee to return to work for their employer and the person is doing what they can to find employment.

An individual won’t be deemed “unavailable to work” because they are

  • In quarantine or isolation as ordered by a health official or health care provider, even if their employer had work that they could have provided;
  • They are home solely because they lack childcare for a child or children de to school or daycare closures or curtailments; or
  • They are home to take care of a family member due to the effects of COVID-19.

How:

  • Consult with your legal counsel as you make decisions regarding employment.
  • Consider whether your business should participate in Oregon’s Work Share Program
  • As you make employment changes, provide support to your employees, educate them about their options, and make yourself available to answer their questions and concerns.
  • There may be potential discrepancies between state and local orders. If you believe there may be a discrepancy affecting you or your business, you should contact your local government and/or competent local counsel for further advice.

Additional Resources

Executive Order No. 20-03

Employment Department Temporary Rules for Unemployment Insurance Benefits Flexibility

COVID-19 Related Business Layoffs, Closures, and Unemployment Insurance Benefits

Paid Sick Leave

Who: Oregon employers and employees

What: Oregon Paid Sick Leave (OPSL) applies to employers with 6 or more employees in Portland and employers outside of Portland with 10 or more employees. Employers must provide a minimum of 40 hours of paid sick leave/year either at a rate of 1 hour for every 30 hours worked or front-loaded at the beginning of the year.

OPSL is available to employees if:

  • They or a family member becomes sick, injured, is experiencing mental illness, or needs to visit a health care professional.
  • They have to care for their child if the child’s school or care provider has closed because of a public health emergency. If the employee doesn’t have paid leave available, unpaid time off option may be available through the Oregon Family Leave Act.
  • If employers temporarily shut down the business because of a public health emergency.

If an employee is terminated, employers don’t have to pay out accrued sick time. If employees are rehired within 180 days, employers must restore all unused paid sick leave and the employee’s eligibility to OPSL.

If an employee wants to save their sick leave, employees can stay home on unpaid leave.

The Oregon Family Leave Act (OFLA) may also be helpful for some employees. Employers with 25 or more employees must provide up to 12 weeks of unpaid leave, through OFLA, to care for themselves or their family members with a serious medical condition. If the employee has used up all of their available sick time, they may qualify for 12 weeks of protected OFLA serious health condition or sick child leave.

Considering COVID-19, this leave may be help an employee who becomes sick with COVID-19 or needs to care for a family member who is ill. Caring for a child whose school or childcare facility has closed because of a public health order is also protected by OFLA.

How:

  • Review and update your leave policies as needed; educate your employees about their options as necessary.
  • There may be potential discrepancies between state and local orders. If you believe there may be a discrepancy affecting you or your business, you should contact your local government and/or competent local counsel for further advice.

Additional Resources

Oregon Paid Sick Leave

Oregon Sick Time Poster

Oregon Sick Time FAQs

Washington COVID-19 State Regulations

Safe Start Washington Reopening Plan

Beginning May 5, 2020, Washington will begin Phase I of it’s 4-phased Safe Start Reopening Plan. The first phase is expected to last around 3 weeks. The reopening plan will be in conjunction with the Stay Home – Stay Healthy Order which ends May 31, 2020. Update 6/2/20: An Executive Order moved the state from Stay Home – Stay Healthy to Safe Start – Stay Health on May 31, 2020.

During all 4 phases, employers must meet certain requirements, such as keeping 6-foot distance between employees and customers, using barriers, ensuring sanitation and hygiene access for employees and customers, and identifying proper PPE and providing any necessary PPE and supplies to employees. Additional information can be found on page 5 of the Safe Start Reopening Plan.

Phase I allows eases restrictions on businesses like construction work that meets safety criteria, landscaping, and vehicle/boat/ORV sales. See page 7 of the Safe Start Reopening Plan for each phase’s modifications.

Residents are recommended, but not required, to wear cloth face coverings in public. Additional guidance about cloth face coverings can be found here.

Update 8/14/2020: A Memo was released on August 12, 2020, outlining new protocols on gatherings of people and live entertainment. The FAQ answers a question related to whether gatherings like construction sites, religious sites, restaurants, etc. can have more people together than the county order limits? The answer is yes, if it falls under certain activities listed here.

Update 8/6/20: In an announcement late July, Governor Inslee announced restrictions on wedding and funerals (no receptions, and capacity capped at 20% or less than 30 people) beginning August 6, 2020. Starting July 30, 2020, restaurant indoor dining is limited to parties of 5 or less and only of people in the same household, alcohol sales stop at 10 pm, and bars must close indoor service. In Phase 2, only 5 people (not including staff) may occupy an indoor fitness center, in Phase 3 this may expand to 25% total capacity, with classes capped at 10 people. Indoor entertainment, like bowling alleys, is limited to 25% in Phase 3.

Update 7/3/20: Phase III has been paused and counties can’t move forward for at least two weeks. Bars may not serve from the bar or have people congregate at the bar during phase III, although they may still provide table service.

Update 6/8/20: Employers in Phase III must have a written safety plan to help prevent COVID-19. The Governor released the Phase Three Safe Start Plan Template for employers to use as their own or they can use their own safety plan.

Update 6/4/20: Starting on June 1, 2020, all Washington counties can apply with the Department of Health to move to the next phase of reopening. There is also the option to apply for a modified Phase I that would allow certain Phase II activities and businesses to reopen at a limited capacity. Reopening Guidance answers additional questions about counties moving through each phase of reopening. There is also additional workplace guidance for the Washington Coronavirus Hazard Considerations for Employers. Starting June 8, 2020 all employees are to wear face coverings and employers must provide the cloth face coverings. Wearing a face covering in public is strongly encouraged.

Update: Beginning May 11, 2020, Washington began Phase 2 of reopening. Dine-in services for restaurants began at that time and on May 12, 2020, additional manufacturing and in-store retail began to reopen. On May 13, 2020, professional services and personal care services began. See the additional safety guidance issued for each industry.

Although it isn’t a state mandate, the Washington Department of Health released cloth face covering guidelines for state residents.

Additional Resources

New: Safe Start Phased Reopening (dated August 6, 2020)

New: Phase 3 Safe Start Plan Template

New: Safe Start: Business Guidance, County Status, and What’s Open

Governor Inslee Announces Additional Guidance for Real Estate and Fitness Centers in Phase II

Which Mask for Which Task: When to Use Face Coverings and Respirators

Safe Start Plans and Guidance for Reopening

Proclamation by the Governor Amending Proclamations 20-05, 20-25, 20-25.1, and 20-25.2, 20-25.3 Adjusting and Extending Stay Home-Stay Healthy to May 31, 2020

COVID-19 Reopening Guidance for Businesses and Workers

Safe Start Washington Plan

Washington Department of Health Resources and Recommendations

Guidance on Cloth Face Coverings from the Washington State Department of Health

Face Covering Mandate

As of June 26, 2020, residents must wear a face covering while out in public,  which includes indoor and outside public spaces. Exemptions are outlined in the Order of the Secretary of Health 20-03 on page 2.

Businesses must also require all employees and customers to wear a face covering and businesses can refuse to serve customers that don’t comply.

Update 7/24/20: An Order from the Secretary of Health declared that face coverings must be worn in common areas in apartments, nursery homes, hotels, and university housing in the hallways and elevators effective July 25, 2020. Additionally, everyone must wear a face covering in public and non-public settings including outdoor areas, hallways, and stairwells, garages, kitchens, etc.

Additional Resources

New: Order Of The Secretary of Health 20-03.1 Face Coverings

Order of the Secretary of Health 20-03 Face Coverings

Washington State Department of Health Face Cloth Coverings

Face Masks or Cloth Face Coverings

Stay-At-Home Order

Who: Washington employers, employees, and residents

When: March 25, 2020, through May 31, 2020 (Please see the updated Proclamation)

What: Governor Jay Inslee amended a previous Proclamation and declared a two-week Stay Home – Stay Healthy Order. The Order prohibits all people in Washington State from leaving their places of residence except to conduct or participate in essential activities or work in essential businesses. People may not participate in social, spiritual, or recreational gatherings of any kind, regardless of the number of participants. This order applies to both private and public gatherings. In addition, all non-essential businesses in Washington State may not conduct business, except to carry out minimum basic operations.

People may leave their homes only to:

  • Ensure personal safety;
  • Obtain necessary supplies and services;
  • Engage in activities essential for health and safety, including outdoor exercise;
  • Care for people or pets in other households; or
  • Perform essential work for an essential business or carry out minimum basic operations for a non-essential business.

Note the people must practice social distancing rules and remain at least six feet from each other.

Essential businesses may remain open only if they follow social distancing and sanitation measures established by the United States Department of Labor or the Washington State Department of Health Guidelines. Essential businesses are:

  • Healthcare and public health;
  • Emergency services;
  • Food and agriculture;
  • Energy;
  • Water and wastewater;
  • Transportation and logistics;
  • Communications;
  • Information technology;
  • Other community-based government operations;
  • Critical manufacturing;
  • Hazardous materials;
  • Chemical; and
  • Defense industrial base.

Non-essential businesses are prohibited from conducting all but minimum basic operations. Businesses with employees who work from home with no in-person contact with clients are excepted. Restaurants providing delivery or take-away services are excepted. Washington has developed an online inquiry form so that you may request assistance in determining if your business is defined as essential.

Violators of this order may be subject to fines and criminal penalties.

How:

  • Determine if your business is defined as essential or falls under an exception. Ask for guidance if necessary.
  • If your business is essential, determine if you are able to comply with the required social distancing and sanitation measures.
  • When you’ve developed a plan to respond to the new regulations, consult with your legal counsel to ensure it’s compliant with the state rules.
  • Build a communication strategy to implement these changes in your workforce.
  • Provide support to your employees during this time and make yourself available to answer their questions and concerns.
  • There may be potential discrepancies between state and local orders. If you believe there may be a discrepancy affecting you or your business, you should contact your local government and/or competent local counsel for further advice.

Additional Resources

Amendment 20-05.1 to Proclamation 20-05 and 20-25

Amendment 20-25 to Proclamation 20-05

Request Assistance in Determining If Your Business Is Essential

Washington State Essential Critical Infrastructure Workers

Washington State Essential Businesses

United States Department of Labor’s Guidance on Preparing Workplaces for COVID-19

Washington State Department of Health Workplace and Employer Resources & Recommendations

“High Risk” Employees Receive Additional Protections

Who: Washington employers and employees considered “high risk”

When: Effective immediately through June 12, 2020

What: Governor Jay Inslee released a proclamation restricting employers from doing certain things that could put their “high risk” employees at even higher risks. “High risk” is defined by the CDC and includes any employee with an underlying medical condition (e.g., diabetes, heart or lung conditions) or is 65 years old or older.

Employers may require an employee provide medical documentation, although employers should be accepting of any delays due to the pandemic. Employers should not delay accommodating employees because of a delay in medical documentation.

Under this proclamation, employers must:

  • Identify and use alternative work options, like working from home or social distancing, to protect these employees;
  • Allow “high risk” employees who can’t use alternative work options to use approved accrued leave or unemployment in any type of schedule the employee needs;
  • Keep employer-related health insurance active for “high risk” employees who have used all of their accrued leave, until they can return to work; and
  • Not take any adverse action against “high risk” employees for taking time off.

The proclamation also prohibits all employers and labor unions from enforcing contracts that contradict or interfere with the proclamation and/or or its intent.

How:

  • Work with your onsite employees to determine who may be at “high risk” and need further accommodations.
  • Base accommodations on each employees’ job and what they are comfortable doing
  • Review your health insurance benefit policies and procedures to ensure they will continue to accommodate any “high risk” employees who may need continued coverage during leave.
  • Ensure all managers are aware of the proclamation and take steps to ensure compliance.

Additional Resources

Amending Proclamation 20-05

Washington Paid Sick Leave and Coronavirus Common Questions

Governor Jay Inslee’s Proclamations

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