California
California Bill Would Require Employers to Continue Compensation for COVID-19–Positive Employees Excluded From Workplace
Quick Hits
- Legislation introduced in the California Assembly would require the Occupational Safety and Health Standards Board to adopt a standard requiring employers to continue pay and benefits for workers who are excluded from the workplace for COVID-19–related reasons.
- The bill would require the Standards Board to adopt regulations by February 3, 2025.
- The bill appears to be based on outdated state and federal health agency advice that has since been updated.
Background
Past versions of California Division of Occupational Safety and Health (Cal/OSHA) COVID-19 regulations in both 2020 and 2021 had required employers to provide pay and benefits when employees were excluded from the workplace because of a COVID-19–positive test or symptoms. Those requirements were dropped from the current California COVID-19 Prevention Non-Emergency Standards but have reappeared in the text of AB 3106.
Proposed Labor Code Revisions
AB 3106 would add Sections 9255–9257 to the Labor Code. Under proposed Section 9255, the term “COVID-19 case” is defined as “a person who has a positive COVID-19 test that has been approved or granted an emergency use authorization by the United States Food and Drug Administration to diagnose current infection with the SARS-CoV-2 virus.”
Proposed Labor Code Section 9256 would require that symptomatic COVID-19 cases be excluded from the workplace until the following specific return-to-work requirements are met:
- “At least 24 hours have passed since a fever of 100.4 degrees Fahrenheit or higher has resolved without the use of fever-reducing medications.”
- “COVID-19 symptoms have improved.”
- “At least 10 days have passed since COVID-19 symptoms first appeared.”
Employers would be required to continue and maintain the earnings, wages, seniority, and all other employee rights and benefits, including an employee’s right to his or her former job status, for any employee excluded from the workplace due to testing positive for, or presenting with the symptoms of, COVID-19. The proposed payment requirement’s only exception would be when an employee received disability payments or was covered by workers’ compensation and received temporary disability.
Proposed Labor Code Section 9257 would direct Cal/OSHA to enforce the provisions by issuing citations and civil penalties.
Ogletree Deakins’ Workplace Safety and Health Practice Group will continue to monitor developments with respect to AB 3106 and other pending or potential changes to the occupational safety and health laws and regulations for California employers and will provide updates on the firm’s California and Workplace Safety and Health blogs as additional information becomes available.
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California
California Highway Patrol work to keep drivers safe during holiday weekend enforcement
BAKERSFIELD, Calif. (KBAK/KBFX) — The California Highway Patrol is urging drivers to stay focused on the road as they head out for Fourth of July celebrations.
The holiday weekend can be a dangerous time on our roads as millions of drivers are expected to travel.
CHP Officer Jorge Toro joined Eyewitness News Mornings to share how drivers can stay safe behind the wheel.
Officer Toro also highlighted the importance of sober driving over the holiday.
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He says anyone hosting a party should make sure all of their guests get home safely, ensuring anyone who may be impaired doesn’t drive.
California
California returns stretch of coast to Indigenous tribes. ‘This is beyond huge’
California is returning a stretch of rugged Mendocino County coast to the Indigenous nations whose ancestors once stewarded its shores.
State transportation officials recently approved the transfer of Blues Beach and the surrounding bluffs to Kai Poma, a nonprofit founded by representatives of the Sherwood Valley Band of Pomo Indians, Round Valley Indian Tribes and Coyote Valley Band of Pomo Indians.
The transfer of 136 acres just south of the community of Westport will mark the first time land managed by the California Department of Transportation has been returned to Indigenous tribes.
“This is beyond huge,” said J. Carlos Rivera, tribal chairman of the Sherwood Valley Band of Pomo Indians. “It’s enormous from our tribal perspective that we are basically obtaining the land that our people once lived on before colonization.”
California purchased the swath of rocky cliffs and windswept shoreline in the 1960s to expand the construction of Highway 1 and create a scenic viewpoint for highway travelers, according to a California Coastal Commission report.
More recently, public access has been largely unregulated, and summer weekends and holidays have drawn large groups who camp and party on the beach, at times driving through sensitive areas, damaging cultural sites and leaving behind trash, the report states.
Kai Poma plans to conduct cultural and archaeological resource studies and environmental surveys and then prepare a resource management plan for the property, according to planning documents. The nonprofit and the Coastal Commission have drafted a public access management plan that states the land will be open from sunrise to sunset.
Rivera described the entire property as a sacred site. The coastal waters are used by tribal people for seaweed and abalone gathering, and the shores host youth cultural camps, he said. “Protecting the land, it has a deeper meaning for us because we’re connected to the land,” he said.
The effort to acquire the land took years — and required a change in state law. Caltrans lacked the ability to transfer land to tribal governments until 2021, when Gov. Gavin Newsom signed a bill sponsored by state Sen. Mike McGuire (D-Healdsburg) that enabled the transfer, according to a news release issued at the time. The law also bars commercial activity on the property and requires public access be maintained.
“With 136 acres now officially transferred into tribal stewardship, one of the most spectacular stretches of the Mendocino Coast will be forever protected,” McGuire said in a statement.
“This agreement, the first of its kind in California, gives these three dynamic Native American tribes the rightful opportunity to reclaim sacred lands and cultural traditions on this special piece of earth. And it’s about damn time.”
The land transfer cleared its last regulatory hurdle June 26 with the approval by the California Transportation Commission, said Neil Thapar, an attorney who works as an advisor and legal consultant to Kai Poma. Caltrans staff will next record the deed transferring the title from the state of California to Kai Poma, which is expected to happen any day, he said.
California
What’s open, closed for Independence Day weekend in California?
Fireworks Safety Guide
Essential safety tips for buying, handling, and watching fireworks to ensure a safe celebration.
With July 4 falling on a Saturday this year, many businesses and organizations are taking the day off Friday, July 3, to mark America’s 250th birthday. From banking to mail service, here’s what’s open and closed for the holiday weekend.
Most federal offices closed, mail service to continue
Non-essential federal offices will be closed on July 3. However, mail service will continue as normal, and post offices are scheduled to remain open.
Most California government offices to remain open
Most California government offices will be open on July 3, with some exceptions.
DMV offices throughout the state will be open. However, the Employment Development Department will be closed.
DMV offices that offer Saturday hours will be closed on July 4.
Private parcel services to remain open
UPS and FedEx are both scheduled to operate normally on July 3, but will suspend service on July 4.
Stock markets closed
Both the New York Stock Exchange and Nasdaq will be closed on July 3.
Most banks to stay open
While most banks were expected to operate normally on July 3, some may operate under modified holiday hours. All banks will be closed on July 4.
Online banking services should remain operational.
Grocery stores
Most major grocery chains will be open on both July 3 and July 4. Trader Joe’s locations will be open for regular business on July 3 but will close early at 5 p.m. on the Fourth of July.
Retailers
Many major retail stores, such as Walmart and Target, plan to operate under normal business hours on both July 3 and 4. All Costco warehouse stores operate under normal business hours on July 3, but will close on July 4.
Restaurants
Most major restaurant chains remain open on July 4, but some will have limited hours. All Raising Cane’s locations will close on July 4.
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