February 27 Update
Paid Sick Leave Legislation Moving
Legislation to extend paid sick leave is now moving in the California State Legislature. Official language was introduced this week in both the Senate and Assembly, AB84/SB 95. The legislation will extend COVID-19 supplemental paid sick leave for covered workers, if those workers are unable to work or telework due to reasons related to COVID through September 30, 2021.
While there has been some support for small businesses from the State, such as the currently proposed $2 billion grants program (SB 86), the funding level is not enough for sustained support for businesses to continue operating, much less afford to continue to provide supplemental paid sick leave. Any proposal to impost a new COVID-19 leave mandate on employers must include a funding from the State to pay for the costs of that leave.
The legislation is expected to move late next week or early the following week. While Labor is pushing hard for passage, legislators and staff seem open to the possibility of amending the legislation.
Reminder: Pay Data Reporting Due to DFEH By March 31
Pay data reporting is due to California Department of Fair Employment and Housing (DFEH) by March 31, 2021. New this year, all employers with 100 or more employees who file an annual Employer Information Report (EEO-1) under federal law must now file a report with DFEA on pay and hours works data by establishment, job category, sex, race, and ethnicity.
The information required closely mirrors that which must be reported on the annual EEO-1. Reports must include all employees who are assigned to California locations or who work or live in California. If an employee is assigned to a California location but works at a client site or teleworks outside of California, then that employee should also be included in the report. Employers must also include all California employees who telework from California to a non-California location. This requirement means that California employers must track where an employee resides, in addition to where the employee works or reports. Employers may also report on non-California establishments or employees, if doing so reduces the reporting burden.
The information, which will be aggregated and used by DFEH to give the agency a better understanding of any areas of concern that need to be addressed, will be kept confidential. To file visit the DFEH Pay Reporting Portal at https://pdr.dfeh.ca.gov/.
SF Court Upholds California Emergency Standard
On February 25, a San Francisco Superior Court Judge declined to block California’s COVID-19 Emergency Temporary Standard (ETS), allowing the state to move forward with its workplace regulation. The judge said he, did not want to block “emergency public health orders intended to curb the spread of COVID-19, and the illnesses, hospitalizations, and deaths that follow in its wake.” The court stated that the plaintiffs opposing the ETS were unlikely to win their case and declined to issue an injunction blocking the standards. The California ETS is in effect through September 2021 and the federal OSHA in Washington, D.C. is scheduled to release its own national ETS by March 15.
NTMA CA Leg Tracking