On Thursday, August 12, 2021, the San Francisco Department of Public Health (SFDPH) published an order strengthening the COVID-19 safety requirements applicable to many business establishments and even spaces in the City and County of San Francisco (the “Order”). As outlined below, the Order requires significant new vaccine mandates for San Francisco businesses operating (1) Indoor Food and Drink and Fitness Facilities; and (2) Large Outdoor and Indoor Events. The Order also includes additional requirements for certain health care and congregate living facilities, and more information on these requirements is posted here.
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Face-Covering Considerations for Retailers in a Post-Color Tiered California
California has issued new guidance for the use of face coverings that will take effect on June 15, 2021. The guidance impacts retailers and coincides with news that approximately 47% of Californians are now fully vaccinated. Although the new guidance, published by the California Department of Public Health (“CDPH”), will impact how retailers operate vis-à-vis public patrons, it does not impact employer-employee obligations. Those obligations are still governed by the Cal/OSHA COVID-19 Emergency Temporary Standards (ETS), and in some cases, the Cal/OSHA Aerosol Transmissible Diseases Standard. You can find our blog about these standards here.
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Best Practices for In-Store and Curbside Pickup
In today’s COVID-era, more retailers are offering innovative solutions for customers to shop with minimal brick-and-mortar browsing time. Options to place an order online and pick up your items in the store are extremely popular and will likely stick around post-pandemic. These options are convenient and allow customers to avoid dealing with delayed shipping.
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California Municipalities Move Closer to Requiring Hazard Pay for Grocery and Pharmacy Workers
Frontline workers of certain large grocery and pharmacy retailers in Los Angeles County and other municipalities across the state may soon receive an additional $4.00 to $5.00 an hour in “hero pay” or “hazard pay” during the COVID-19 pandemic.
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Cal/OSHA’s COVID-19 Emergency Standards Create New Complications and Costs for Retail Employers
California retailers facing a variety of complications from the ongoing COVID-19 pandemic now have one additional obstacle to tackle: compliance with new emergency standards from California’s Division of Occupational Safety and Health (“Cal/OSHA”). On November 19, 2020, the California Occupational Safety and Health Standards Board unanimously adopted emergency temporary standards on COVID-19 prevention in the workplace. Prior to the adoption of the emergency standards, general and industry-specific guidance from Cal/OSHA was advisory. However, the new emergency standards are binding and enforceable against nearly all California employers effective November 30, 2020. This article sets forth the basic requirements under the new standards. It then identifies some new complications and costs that retail employers in particular may face when attempting to comply.
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California Department of Public Health Issues New Statewide Stay At Home Order Linked to ICU Bed Capacity
On November 16, 2020, California implemented an accelerated application of its Blueprint for a Safer Economy metrics. Under the Blueprint Framework, every county in California is assigned to a tier based on its test positivity and adjusted case rate. Each tier has its own set of restrictions. Three days later, on November 19, 2020, the state issued a limited Stay at Home Order.
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Los Angeles County Restricts In-Person Dining Due to Surge in COVID-19 Cases
Due to the recent surge in COVID-19 cases, the Los Angeles County Department of Public Health (“L.A. Public Health”) announced that all outdoor and indoor dining at restaurants, breweries and wineries will be restricted, effective November 25, 2020 at 10:00 p.m., while take-out, drive thru, and delivery services may continue (“Order”).
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To Defer or Not Defer? IRS Issues Guidance Temporarily Delaying the Collection of Social Security Taxes
Most employers are expected to pass on the IRS’ offer to temporarily delay collecting Social Security taxes. For background, both employers and employees are generally required to pay a Social Security tax at a flat rate of 6.2% (for a total of 12.4%) on all wages. In a separate article from our Corporate and Securities Blog, we discussed how the CARES Act allows employers to delay paying the employer’s portion of Social Security taxes.
Continue Reading To Defer or Not Defer? IRS Issues Guidance Temporarily Delaying the Collection of Social Security Taxes
To Defer or Not Defer? IRS Issues Guidance Temporarily Delaying the Collection of Social Security Taxes
Most employers are expected to pass on the IRS’ offer to temporarily delay collecting Social Security taxes. For background, both employers and employees are generally required to pay a Social Security tax at a flat rate of 6.2% (for a total of 12.4%) on all wages. In a separate article from our Corporate and Securities Blog, we discussed how the CARES Act allows employers to delay paying the employer’s portion of Social Security taxes.
Continue Reading To Defer or Not Defer? IRS Issues Guidance Temporarily Delaying the Collection of Social Security Taxes
Taking Temperatures During COVID-19: A Practical Toolkit
As we move into the second quarter of 2020, governments around the country are analyzing how to best open up their economies. Part of this will include people returning to work, restaurants, retail establishments, and other places of public accommodation. Landlords, business owners, and others want to know how to take steps to reopen safely while government mitigation efforts are being developed to help slow the spread of COVID-19 until a vaccine is developed. And where authorities don’t have specific mitigation efforts, instituting protocols will fall squarely on landlords, business owners, and those who operate places of public accommodation.
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As America Prepares to Return to Work, EEOC Approves Testing Employees for COVID-19
The U.S. Equal Employment Opportunity Commission (EEOC) updated its guidance concerning COVID-19, affirming an employer’s ability to medically test its employees for COVID-19 before allowing employees to enter the workplace. The new guidance expands employers’ options to include medical tests that detect the presence of the COVID-19 virus – not just temperature checks. The EEOC considers COVID-19 tests to be permissible because an individual with the virus poses a direct threat to the health of others.
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