COVID-19
Common violations
SiCK Time
Leave
Health & safety
Wrongful Termination
Covid-19 has caused a global pandemic and health crisis that has had significant impacts in the workplace. California workers have rights- many of which were in place long before we knew anything about the novel Corona Virus. New laws that protect the rights of workers have also be enacted to address the special problems created by Covid 19.
LAWS ALREADY IN PLACE
California has long had laws and statutes that will serve to protect employees who are now impacted by Corona Virus. California has sick time laws that give employees time off when sick. The Family Medical Leave Act and California Family Rights Act both give employees unpaid time off to care for themselves or a family member with a serious medical condition. The Occupation and Safety Act requires employers to maintain a safe and Hazard Free work environment which could apply to taking safety precautions to prevent the spread of Corona Virus and protecting workers.
See EJP’s FFCRA Infographic below for more on LEAVE LAWS THAT MAY APPLY TO covid-19
Visit EJP’s Education page for more infographics and video’s on other Labor and Employment Law Topics!
sick? cARING FROM sOMEONE WITH cOVID sYMPTOMS? kId out of school? Paid leave may be available
NEW LEGISLATION DEALING WITH COVID-19 (Expanded FMLA)
The Families First Corona Response Act (FFCRA) requires certain employers to provide their employees with paid sick leave and expanded family and medical leave for specified reasons related to Covid-19 and will be in effect from April 1, 2020 to December 21, 2020. The FFCRA applies to employers with fewer than 500 employees, and certain public sector employers.
Under the FFCRA an employee may be entitled to take leave if the employee is unable to work, including unable to telework, because the employee:
is subject to a Federal, State, or local quarantine or isolation order related to Covid-19:
has been advised by a health care provider to self-quarantine related to Covid-19
is experiencing Covid-19 symptoms and is seeking a medical diagnosis:
is caring for an individual subject to an order described in (1) or self-quarantine as described in (2):
is caring for his or her child whose school or place of care is closed (or child care provider is unavailable) due to Covid-19 related reasons:or
is experiencing any other substantially-similar condition specific by the U.S. Department of Health and Human Services.
An employee who meets at least one of these criteria may be entitled to up to two (2) weeks of paid sick leave based on the higher of their regular rate of pay, or the applicable state of Federal Minimum wage, paid at:
100% for qualifying reasons 1-3, up to $511 daily and $5,110 total
2/3 for qualifying reasons 4 & 6, up to $200 daily and $2,000 total; and
Up to 12 weeks of paid sick leave and expanded family and medical leave paid at 2/3 for for qualifying reason #5 for up to #200 daily and $12,000 total.
Part time employees may also be eligible based on the number of hours they are normally scheduled to work over the period.
Employees may also be permitted to use more than one of the above options consecutively. For example if an employee who themselves are experiencing symptoms and seeking a diagnosis may take 2 weeks of paid sick leave under option #3 . Upon returning, the employee finds that they need to care for child who has been subjected to a school closure order and need to utilize paid sick leave under option #5.
The FFCRA is new law and there are still a lot of unknowns. A Labor and Employment Attorney can help assess your specific situation and determine your rights.
SAFE AND HAZARD FREE WORKPLACE
The Occupation Health and Safety Act combined with the California Labor Code protect an employee’s right to work in a safe and hazard free environment. Covid-19 has created a new safety issue and potential hazard in the workplace. The Centers for Disease Control and Prevention (CDC) and Occupational Health and Safety commission have guidelines on what steps employers should be taking to maintain and safe and hazard free work environment in the wake of the Corona Virus. Some of this steps are ensuring the customers and employees properly wear masks when working, that employees who present with symptoms be allowed to take time off to protect employees and customers alike. Companies may also be required to restructure the worksite to allow for social distancing - this may mean allowing employees who can work from home to be able to work from home, putting in place markers to indicate where customers should stand, erected Plexiglas barriers to protect employees, making hand washing stations easily accessible, or providing gloves, masks, and hand sanitizer available to employees.
Every workplace is different and your workplace may present unique dangers. A Labor and Employment Attorney can assess your specific situation and determine if an employer is violating your right to a safe and hazard free work environment and what can be done about it.
RETALIATION & WRONGFUL TERMINATION
Additionally, California law protects employees from retaliation for exercising their rights, such as complaining that their employer has failed to create a safe and hazard free work environment in the wake of the Corona Virus. Employees have a right to raise concerns about colleagues and customers not wearing safety masks, not having access to hand washing stations, or companies who don’t practice and enforce social distancing. Employees may also have complaints about their company’s failure to follow newly enacted laws regarding paid sick leave and time off for Corona related issues such as paid time off to care for a child who is subject to a corona related school closure or caring for themselves or a family member who may be experiencing Covid-19 symptoms. The California Labor Code strictly prohibits retaliating against an employee for raising these type of concerns. Retaliation can be any adverse employment action (demotion, reduction in hours, termination, etc.)
California employers are also prohibited from firing employees because they raise these issues. This would be considered a form of retaliation which may constitute wrongful termination. An employee who is wrongfully terminated may be able to recover lost wages and other damages from their previous employer. A labor and employment Attorney can help you determine what your specific complaints are and if they rise to the level of illegal conduct by your employer.
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Laws protecting California Employees
During the COVID-19 Pandemic
There are several laws which protect California employees impacted by COVID-19. Here are a few:
Families First Corona Response Act (FFCRA)
Family Medical Leave Act (FMLA)
California Labor Code
For more information click the “learn more” button or CLICK HERE to schedule a no cost consultation with an Attorney
How Can The Employment Justice Project Help?
Listen
Educate you on your rights and possible claims
Educate your employer on your rights and their responsibilities under the law
Counsel and Advise
Address issues of retaliation and wrongful termination
Advocate on your behalf
Advocate employer changes its policies and practices
Request your employee file
Review payroll records for violations
Review personnel file for evidence
Negotiate recovery of unpaid wages and penalties
Negotiate terms of severance or settlement
Negotiate a neutral reference and other favorable terms
Litigate, if appropriate and necessary
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