July 11, 2020

Volume X, Number 193

July 10, 2020

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July 09, 2020

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Most Counties in California Now Permitted to Move to Accelerated Stage 2 Reopening

At the beginning of May, California implemented a staged reopening for businesses closed due to the shelter in place orders resulting from the COVID-19 pandemic. This plan, referred to as the “Resilience Roadmap” allowed for counties to apply for a variance if certain criteria set by the state public health officer are met. The variances allow counties to proceed with reopening certain businesses not permitted under the overall state plan.

To date, a majority of counties have been granted variances that permit dine-in restaurants, hair salons, and barbershops to reopen pursuant to specific guidance, in particular, pertaining to conducting work at these businesses.

As businesses prepare to reopen, they should remember that the state mandates all facilities that reopen must:

  1. Perform a detailed risk assessment and implement a site-specific protection plan

  2. Train employees on how to limit the spread of COVID-19, including how to screen themselves for symptoms and stay home if they have them

  3. Implement individual control measures and screenings

  4. Implement disinfecting protocols

  5. Implement physical distancing guidelines

In addition to the State requirements, the individual counties have their own health orders which at times include additional requirements along with state mandates. Many counties require businesses to post social distancing protocols at the worksite. For example, the County of Los Angeles has developed several protocols for businesses such as retail stores, hair salons, and restaurants.

Along with social distancing and similar protocols, many counties are including other requirements as businesses bring employees back to work. San Diego County, one of the first more populace counties to be granted a variance, mandates temperature checks for employees in certain industries. Sonoma County has deployed a cell phone application that employers are required to use (unless they can provide the county with the same information by an alternative means) which verifies that employees are symptom and fever-free.

As employers move toward bringing more employees back to work, they should review state and county orders to ensure they are complying with location-specific requirements. Employers will also need to continue to monitor changes as some counties have suggested that reopening may be rolled back as necessary due to COVID-19 spikes.

Jackson Lewis P.C. © 2020National Law Review, Volume X, Number 156

TRENDING LEGAL ANALYSIS


About this Author

Ellen Cohen, Jackson Lewis, employment attorney
Associate

Ellen E. Cohen is an Associate in the Los Angeles, California, office of Jackson Lewis P.C. Ms. Cohen represents management in all types of employment disputes including harassment, discrimination, retaliation, and wrongful termination cases in both state and federal court, as well as in arbitration and administrative hearings.

Ms. Cohen also counsels clients on a wide range of employment-related issues, including employee discipline and termination, lay-off procedures, reasonable accommodations under the ADA and FEHA, leaves of absence under...

213-689-0404
 Sarah H. Scheinhorn Jackson Lewis Associate employment litigation
Associate

Sarah H. Scheinhorn is an Associate in the Los Angeles, California, office of Jackson Lewis P.C. She represents employers in all aspects of employment litigation, including single-plaintiff harassment, discrimination, retaliation, and wrongful termination claims, and wage and hour class and representative actions. 

Ms. Scheinhorn practices in both state and federal court and before administrative agencies, including the California Department of Fair Employment and Housing, the California Department of Industrial Relations, and United States Equal Employment Opportunity Commission. Ms. Scheinhorn also has experience advising and counseling employers on personnel issues such as hiring, discipline, terminations, reasonable accommodations, and leaves of absence. 

Prior to joining Jackson Lewis, Ms. Scheinhorn worked at firms in Los Angeles focusing solely on employment defense. While attending law school, Ms. Scheinhorn received the Witkin award in Antitrust and Cali Award in Legal Writing and Research for achieving highest marks of the class. In addition, Ms. Scheinhorn was a member of Hastings Communications and Entertainment Law Journal.

213-689-0404