Cal-Peculiarities: How California Employment Law is Different - 2023 Edition

332 | 2023 Cal-Peculiarities ©2023 Seyfarth Shaw LLP www.seyfarth.com 21 See https://www.dir.ca.gov/dlse/COVID19resources/COVIDPostings.html (visited Mar. 10, 2023). 22 Id. 23 San Francisco Admin. Code § 12Z.8(b).This must be posted in every language 5% of the employees speak. 24 San Francisco Admin. Code § 14.3(e)(2). 25 San Francisco Admin. Code § 12R.5(b). 26 San Francisco Admin. Code § 12W.5(b). 27 San Francisco Public Health Emergency Ordinance § 6. 28 San Francisco Police Code § 3300F.7(b). 29 San Francisco Admin. Code § 3300H.5. 30 San Francisco Police Code § 4905(c). 31 San Francisco Police Code § 3300J.5(b). 32 City and County of San Francisco Department of Public Health Order of the Health Officer No. C19-07y (Safer Return Together) (updated Dec. 21, 2022). 33 Id. 34 Los Angeles Municipal Code § 188.03.A. 35 Los Angeles Municipal Code § 189.04.B. 36 2 Cal. Code Regs. § 11049(d)(3). 37 Gov’t Code § 12950. 38 Rev. & Tax. Code § 19853. This notice requirement applies to any California employer that must provide unemployment insurance to employees under the Unemployment Insurance Code. See Rev. & Tax. Code § 19852(a). A sample notice appears on the EDD website at www.edd.ca.gov (visited May 26, 2022). 39 Lab. Code § 1207. 40 Id. 41 Id. 42 See https://edd.ca.gov/en/payroll_taxes/Rates_and_Withholding#de4 (visted Mar. 15, 2023). 43 Lab. Code § 2810.5; see also https://www.dir.ca.gov/dlse/governor_signs_wage_theft_protection_act_of_2011.html (visted Mar. 15, 2023). 44 See https://edd.ca.gov/en/disability/employer_requirements/ (visted Mar. 15, 2023). 45 Lab. Code § 3551. 46 Lab. Code § 3551. 47 See https://edd.ca.gov/en/disability/employer_requirements/ (visted Mar. 15, 2023). 48 Lab. Code § 230.1(h). If an employer elects not to use the form developed by the Labor Commissioner, the notice provided by the employer to the employees shall be substantially similar in content and clarity to the form developed by the Labor Commissioner. 49 Gov’t Code § 12950. 50 As of 2020, California employers must include a compliant lactation accommodation policy in the employee handbook or set of policies and must distribute this policy to new employees upon hire and when an employee asks about or requests parental leave. Lab. Code § 1034(c). 51 2 Cal. Code Regs. § 11049; https://www.dfeh.ca.gov/wp-content/uploads/sites/32/2020/12/CFRA-and-Pregnancy-Leave_ENG.pdf (visited Jun. 11, 2022). 52 Lab. Code § 1034(c). 53 Lab. Code § 3553. 54 See https://edd.ca.gov/en/disability/employer_requirements/ (visted Mar. 15, 2023). 55 See https://edd.ca.gov/en/Payroll_Taxes/Required_Notices_and_Pamphlets (visted Mar. 15, 2023). 56 See https://edd.ca.gov/en/disability/employer_requirements/ (visted Mar. 15, 2023). 57 Lab. Code § 2809. 58 Lab. Code § 6409.6. This written notice must be provided to all employees and employers of subcontracted employees who were on the premises at the same worksite as the “qualifying individual” within the “infectious period,” that they may have been exposed to Covid-19. Such notice also must be provided to the exclusive representative (if any) of the employees. Lab. Code § 6409.6(a)(1). The statute defines a “qualifying individual” as a person who (1) has a laboratory-confirmed case of Covid-19, (2) a positive Covid-19 diagnosis from a licensed health care provider, (3) a Covid-19-related order to isolate provided by a public health official, or (4) died due to Covid-19, in the determination of a county public health department or per inclusion in the Covid-19 statistics of a county. Lab. Code § 6409.6(d)(4). The term “infectious period” is defined as the time a Covid-19 positive individual is infectious, as defined by the State Department of Public Health. Lab. Code § 6409.6(d)(2). Note that the Cal/OSHA Covid-19 Emergency Temporary Standard requires similar written notice to employees and independent contractors who may have had close contact with a Covid-19 case. See 8 Code Regs. § 3205(c)(3)(B).

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