January 27, 2022

Volume XII, Number 27

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January 27, 2022

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Big Brother Comes to Santa Clara County with Latest COVID-19 Order

On May 18, 2021, Santa Clara County issued a new Order of the Health Officer (the “Order”) that took effect on May 19th.  Of particular note, the Order imposes two new obligations:  First, it mandates that employers require all personnel to immediately alert their employer if they test positive for COVID-19 and were present in the workplace either (1) within the 48 hours prior to onset of symptoms or within 10 days after onset of symptoms if they were symptomatic; or (2) within 48 hours prior to the date on which they were tested or within 10 days after the date on which they were tested if they were asymptomatic.  Businesses are required to report any confirmed COVID-19 cases reported to them to the County within 24 hours.

Second, the Order requires that employers ascertain the vaccination status of all personnel within 14 days of the effective date of the Order.  Until an employee’s vaccination status has been ascertained, the Order requires that such employees be treated as though they are unvaccinated for purposes of any reopening protocols.  Further, any employees who decline to provide an employer with information regarding their vaccination status also must be treated as though they are unvaccinated.  Employers are required to obtain updated vaccination status information for all personnel who were not fully vaccinated every 14 days.

Although California’s current state masking guidance continues to require employees to wear masks indoors in virtually all settings—even when vaccinated—the state has indicated that will change by June 15, 2021.  When that happens, it is likely that rules will differ for vaccinated and unvaccinated employees.

 

© 2022 Proskauer Rose LLP. National Law Review, Volume XI, Number 142
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About this Author

Anthony J Oncidi, Employment Attorney, Proskauer Rose Law Firm
Partner

Anthony J. Oncidi heads the Labor & Employment Law Group in the Los Angeles office. Tony represents employers and management in all aspects of labor relations and employment law, including litigation and preventive counseling, wage and hour matters, including class actions, wrongful termination, employee discipline, Title VII and the California Fair Employment and Housing Act, executive employment contract disputes, sexual harassment training and investigations, workplace violence, drug testing and privacy issues, Sarbanes-Oxley claims and employee raiding and trade secret protection....

310-284-5690
Phillipe Lebel labor & Employment Attorney Los Angeles Proskauer Law Firm
Associate

Philippe (Phil) A. Lebel represents employers in all aspects of employment litigation, including wage and hour, wrongful termination, discrimination, harassment, retaliation, whistleblower, trade secrets, and breach of contract litigation, in both the single-plaintiff and class-action context, at both the trial and appellate level, and before administrative agencies. Phil also represents employers in connection with labor law matters, such as labor arbitrations and proceedings before the National Labor Relations Board. Additionally, Phil counsels clients to ensure compliance with federal...

+1.310.284.4558
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