Labor and Employment Law

Labor and Employment Law

Provider: CORONAVIRUS GENERAL INFORMATION AND FAQ - LOS ANGELES COUNTY SAFER AT HOME ORDINANCE

The State of California is encouraging all local government and other employers to adopt a protocol similar to the July 26th State Order which requires specific State, healthcare, correctional, and homeless shelter facilities to be fully vaccinated or get tested regularly for COVID-19 and wear a mask.

California Employers including the City of Los Angeles and City of Long Beach are implementing similar policies. A list of employers who have already implemented similar measures for of employees throughout the state is available at: https://www.gov.ca.gov/2021/07/30/following-governor-newsoms-first-in-the-nation-vaccination-measures-california-employers-follow-suit/

STATE VACCINATION & TESTING REQUIREMENTS FOR K-12 TEACHERS & SCHOOL STAFF

On August 11th, 2021 Governor Newsom announced new requirements for K-12 teachers and school staff to be vaccinated against COVID-19 or tested regularly. Health Officer Order is available at https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/COVID-19/Order-of-the-State-Public-Health-Officer-Vaccine-Verification-for-Workers-in-Schools.aspx. Additional guidance about COVID-19 in school settings is available at https://covid19.ca.gov/education/

STATE VACCINATION & TESTING REQUIREMENTS FOR STATE EMPLOYEES & HEALTHCARE WORKERS

LA County issued a health order to align with the state's requirements August 12, 2021. The LA County Health Care Worker Vaccination Requirement Order is available at http://publichealth.lacounty.gov/media/Coronavirus/docs/HOO/HOO_HealthCareWorkerVaccination.pdf

The State's Public Health Officer Order is available at: https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/COVID-19/Order-of-the-State-Public-Health-Officer-Unvaccinated-Workers-In-High-Risk-Settings.aspx

STATE VACCINATION & TESTING REQUIREMENTS FOR HEALTHCARE FACILITY VISITORS

In order to prevent COVID-19's further spread in hospitals, Skilled Nursing Facilities (SNFs), and Intermediate Care Facilities (ICFs), these facilities must:
- Verify visitors are fully vaccinated
OR
- For unvaccinated or incompletely vaccinated visitors, verify documentation of a negative SARS-CoV-2 test.

See https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/COVID-19/Order-of-the-State-Public-Health-Officer-Requirements-for-Visitors-in-Acute-Health-Care-and-Long-Term-Care-Settings.aspx for complete temporary health order.

COVID VACCINE RELATED LABOR LAW INFORMATION FOR EMPLOYEES AND EMPLOYERS

The State of California and Federal Law permit employers to require employees to be vaccinated and for employers to request proof of vaccination as long as certain criteria for civil rights protection and privacy of confidential health records are met.

Guidance from the State of California is available at:
https://covid19.ca.gov/workers-and-businesses/#workplace-safety-standards

Employers requiring proof of COVID-19 vaccination status for employees or patrons should follow the Department of Public Health's Vaccine Record Guidelines and Standards: https://www.cdph.ca.gov/Programs/CID/DCDC/Pages/COVID-19/Vaccine-Record-Guidelines-Standards.aspx

EMPLOYMENT DISCRIMINATION CONCERNS

The Department of Fair Employment and Housing outlines FAQ regarding COVID-19 employment related issues at https://www.dfeh.ca.gov/wp-content/uploads/sites/32/2020/03/DFEH-Employment-Information-on-COVID-19-FAQ_ENG.pdf. This link answers questions about when an employer would need to make reasonable accommodations for an employee unable to receive a vaccine due to a disability or sincerely held religious beliefs or practices. If the employer shows that an accommodation imposes an undue hardship, the employer may exclude the employee from the workplace.

If after reviewing the website above you think you have been a victim of employment discrimination, harassment, or retailiation, contact the Department of Fair Employment and Housing at 800-884-1684.

The U.S. Equal Employment Opportunity Commission is also providing Technical Assistance Questions and Answers at: https://www.eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-rehabilitation-act-and-other-eeo-laws#K

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