A New Beginning for 2021

Happy New Year, and what a mess. Like you, I have so many great hopes for 2021. Things like traveling. Wouldn’t it be nice to travel someplace – any place – again? Oh, and let’s not forget dining out and going to a movie. I miss the simple pleasures of sitting in a theater with a container of popcorn in my lap. People. I miss people. I miss seeing my friends and colleagues again. I remember the good times of 2020, there were a few of those. I’m also looking forward to better times in 2021. Life with less deplorables would be nice. I’m looking forward to getting vaccinated and am so grateful to our healthcare workers and scientists who have worked so hard to help humanity. But most of all, I’m looking forward to hugs. Lots and lots of hugs.
Here are the New California Workplace Laws Taking Effect in 2021

As we navigate the new year, here are some new employment laws taking effect in 2021: 
Sexual Harassment Training

By January 1, 2021, all public and private employers with more than 5 employees must ensure that supervisory employees have completed 2 hours of sexual harassment prevention training and nonsupervisory employees have completed 1 hour of sexual harassment prevention training. Employees must complete this training every two years thereafter. Employees who completed this training in 2019 need not complete the training for another two years (2022). New employees must complete this training within 6 months of being hired or assuming a supervisory position. Contact us at karen@vcworkplacesolutions.com to schedule a training. 
Addressing COVID-19 in the Workplace, Cal OSHA

As workplace outbreaks of the coronavirus multiplied, so did reports that companies were concealing infections. California’s Division of Occupational Health and Safety, known as Cal/OSHA, adopted an emergency set of COVID-19 standards in November. Assembly Bill 685, which took effect on January 1st, 2021, toughens rules requiring employers to report cases and adds penalties governing outbreaks.

Under the new law, a business must notify employees within one business day after learning about potential COVID-19 exposure. It must also offer them information on benefits such as workers' compensation and sick leave; on protection against retaliation, and the company's virus safety measures.

Employers must alert local public health agencies within 48 hours of a coronavirus outbreak, defined in most instances as three lab-confirmed cases at a single workplace within two weeks. And the state's Department of Public Health must publish that information, detailing the number and frequency of cases and outbreaks by industry on its website.

The law also gives Cal/OSHA authority to immediately shut down a worksite where employees are at risk of "imminent hazard" from the virus, without going through a 30-day administrative process.
Timely Changes for Workers’ Compensation

Another law that went into effect this year makes it easier for California workers to file workers' compensation claims related to COVID-19. The law assumes that employees sick with COVID-19 have gotten the virus at work if they are first responders or health care employees or their workplaces experienced an outbreak unless employers can prove otherwise.

In May, Governor Newsom issued an executive order creating a “disputable presumption” that frontline workers who contracted COVID-19 from mid-March to early July caught it on the job unless businesses offer proof to the contrary.

With Senate Bill 1159, which took effect in September, the Legislature extended the Governor’s order beyond July for first responders and healthcare workers. And it applied the presumption to all other employees at businesses with more than five workers, but only if they were on the job during an outbreak. (This law defines an outbreak as four employees testing positive within two weeks for employers with 100 or fewer workers or 4% testing positive at larger employers.)
Important Updates to Family Leave During These Times
           
Senate Bill 1383, which took effect January 1st, requires companies with five or more employees to allow them 12 weeks of unpaid job-protected leave to care for a newborn, newly adopted child, or sick family member — the same number now available to businesses with 50 or more workers. It expands the definition of "family member" beyond spouses and children to include grandparents, grandchildren, siblings, and in-laws.
EEOC Updates Guidelines Regarding
Requiring COVID-19 Vaccinations

On December 16th, 2020, the Equal Employment Opportunity Commission ("EEOC") updated its guidelines to address COVID-19 vaccinations. In addition to discussing vaccinations in the context of equal employment opportunity ("EEO") laws, the guidance also discusses the Food, Drug, and Cosmetic Act ("FD&C Act"), a law outside of the EEOC's jurisdiction that nevertheless provides a statutory basis to decline vaccination. 

The EEOC guidance states that some employees may be exempt from a COVID-19 vaccine requirement because of either a qualified disability under the Americans with Disabilities Act (“ADA”) or a sincerely held religious belief under Title VII of the Civil Rights Act of 1964 (“Title VII”). Also, the EEOC refers to the FD&C Act, which provides individuals a right to refuse to be vaccinated when the Food and Drug Administration (“FDA”) approves a drug or vaccine for emergency use, rather than general use. The FD&C Act expands the scope of employees who may decline a COVID-19 vaccine by providing individuals who do not have a qualified disability or a sincerely held religious belief a statutory basis to refuse vaccination, but it does not change any underlying analysis.

Employers may still require COVID-19 vaccinations but they should recognize that employees who are not protected under the ADA or Title VII may still refuse to be vaccinated under the FD&C Act. If employees exercise this right, employers should consider:

  • Not taking adverse action against their employees for exercising their rights not to be vaccinated under the FD&C Act;

  • Determining if the unvaccinated employee presents a “significant risk of substantial harm to the health and safety” of others in the workplace; if they do, the employer may only exclude that employee from the workplace if the employer determines that there is no way to reasonably accommodate the employee at the workplace;

  • Engaging in the interactive process and providing an accommodation; the employer need not provide accommodations that would impose an undue hardship on the employer or their operations, but should attempt to identify accommodations that will allow employees to continue to perform their essential job duties (e.g. telework, personal protective equipment, paid or unpaid leave). 

If the significant risk cannot be reduced to an acceptable level through workplace accommodation, the EEOC provides that employers may exclude employees from physically entering the workplace. 
VC Workplace Solutions on TV
On January 1, 2021, I was asked once again to give the Bay Area’s Spanish language broadcast television viewing audience on Telemundo 48 an update regarding the new laws for 2021. Of course, I am so honored that the reporters at Telemundo 48 think of me when they need information regarding legal matters impacting the Latinx community.

Click Here to watch
Just Breathe 
Seven COVID-19 Anxiety Reduction Strategies from Villegas Carrera Workplace Solutions:
 
  1.  Do Not Engage with Worry. Take Action: Whether you are worried about contracting the virus, your struggling business, or being unemployed, the more your mind focuses on worst-case scenarios, the more anxious you feel. You can’t stop thoughts from entering your mind, but you can choose to stop dwelling and you can choose to take action to solve problems.
  2. Focus on Being Productive and New Ways of Enjoying Life: Although we have no control over the national crisis, we must focus on where we do have control – our response to the crisis.
  3. Engage in Stress Reduction Activities: Focusing on what you are grateful for, exercising your body, and relaxing your mind will help give you the peace you desire. 
  4. Preserve Some Sense of Normalcy: Try to read, cook, listen to music and watch movies.
  5. Be Kind to Yourself and Others and Have Faith: It’s normal to feel anxious and worried during a national crisis. Don’t be hard on yourself. 
  6. Seek Out Professional Help: You don’t need to do this alone. If you are experiencing an escalation of anxiety, talk to a professional who can help you through this difficult time.
  7. Media Distancing: The more anxious you feel, the more you should distance from the media. And if you are extremely fearful, stop altogether.

Adapted from Top 10 List of Covid-19 anxiety Reduction Strategies by Ken Goodman, LCSW, Nov. 1, 2020. 
EXCITING NEWS FROM VILLEGAS CARRERA WORKPLACE SOLUTIONS! 

  1. I am excited to announce that in 2020 I was certified by the Association of Workplace Investigators (AWI) to be a workplace investigator. 
  2. I am so pleased and honored to announce a collaboration with the Oppenheimer Investigations Group (OIG) (formerly the Law Offices of Amy Oppenheimer).  I have the great honor and opportunity to work as “Of Counsel” with the wonderful attorneys and partners of OIG and side-by-side with Amy Oppenheimer, who, as many of you know, is a trailblazing attorney in the workplace investigation community. 

Karen’s Delicious Peruvian Kitchen
Cuban Picadillo

Cuban Picadillo served with white rice and plantains.

This is a Cuban dish that I enjoyed while going to my lifelong friends’ Nancy Cerreta’s and Roxana Llano’s homes when I was in elementary school. Their families made delicious Cuban food. This is one of my favorite recipes. 
Ingredients (for 8-12 people):

  • 1 lb ground beef (or ground chicken)
  • 2 tablespoons of olive oil
  • 1 medium large yellow onion diced
  • 6 garlic cloves finely chopped
  • ½ red bell pepper diced
  • 1 tablespoon ground cumin
  • 3 small potatoes peeled and cut in small pieces
  • ¾ cup dry white wine
  • ½ cup whole green olives stuffed w/ pimentos
  • ½ cup raisins
  • ¼ cup capers drained
  • 2 – 8 oz cans of tomato sauce
  • Salt and pepper to taste

Instructions

  1.  In a medium-size frying pan, brown the ground beef with a dash of cumin and pepper, drain off any excess grease, and set aside.
  2.  In a large frying pan, heat 2 tbs of olive oil over med-low heat and cook the diced onion until soft
  3. Add the chopped garlic and cook until almost golden.
  4. Mix in the bell pepper, cumin, pepper and a little salt – not too much as the olives and capers are salty.
  5.  Add the potatoes pieces and cook for about 5 minutes.
  6.  Add the ground beef and the wine, let the liquid reduce.
  7.  Add raisins and tomato sauce when the potatoes are about half-cooked (a knife can easily go through the first part but the center is still very firm).
  8.  Cook for 5 more minutes and then add the olives and capers.
  9. Continue cooking over medium heat, stirring occasionally, until the potatoes are ready. If the sauce thickens too much, you can add some more wine or a little bit of water. Taste and adjust any seasonings: salt, pepper, cumin or additional olives/capers.
  10. Serve with white rice, fried ripe plantains and salad.
DISCLAIMER: The information you obtain in this newsletter is not, nor is it intended to be, a substitute for personal legal advice. You should consult with an attorney regarding personal legal advice specific to your own situation. Further, reading, interacting with, or reposting this email or website in any way does not form an attorney-client relationship with Karen Carrera, Esq., or VC Workplace Solutions.