Law Offices of Kenneth W. Ralidis, a.p.l.c.

01/09/2023

"Economic liberty, not just political liberty, is at the heart of the American experiment. You’re not really free if you don’t have the right to switch jobs or choose what to do with your labor. But millions of American workers can’t fully exercise that choice because of a provision that bosses put into their contracts: a noncompete clause."

"When you’re subject to a noncompete clause, you lose your right to go work for a competing company or start your own, typically within a certain geographic area and for a certain period of time. Unless you’re willing to move hundreds of miles away or take a huge pay cut to restart your career from scratch, a noncompete can effectively lock you into a job. That’s a clear restriction of individual liberty."

"But the aggregate impacts of noncompetes go even further. A body of empirical research shows that they also inflict major harm across the economy. In fact, even if you aren’t personally bound by one, noncompetes may be costing you money."

"Noncompetes were long assumed to apply mainly to high-level executives with access to sensitive corporate information. But their use has exploded in the past few decades, extending far beyond the boardroom. Today, experts estimate that one out of every five American workers, or about 30 million people, are bound by a noncompete. Studies and media reports have found noncompetes routinely invoked against fast-food workers, arborists and manual laborers, to name a few examples. Just this week, the Federal Trade Commission, where I am chair, settled allegations against a company in Michigan that prohibited its workers — security guards earning at or near the minimum wage — from going to work for a competitor within a 100-mile radius of their job location for two years. Each worker who violated the noncompete would have been liable for $100,000.:

"In theory, noncompete clauses promote investment and innovation by assuring companies that their employees can’t run off with valuable secrets. And, again in theory, workers should be paid more in exchange for agreeing to sign a contract that restricts their autonomy. But the reality looks very different. We know this because over the past few decades, several states restricted the enforceability of noncompete clauses to various degrees, usually because of court decisions. This created natural experiments, allowing researchers to draw causal inferences about their impact."

"Their most staggering finding: Noncompete clauses systemically drive down wages, even for workers who aren’t bound by one. Every worker stuck in a job represents a position that isn’t opening up for someone else. And if employers know their workers can’t leave, they have less incentive to offer competitive pay and benefits, which puts downward pressure on wages for everyone."

"Survey data backs up what most people know through experience: Only a small percentage of workers actually bargain over noncompete clauses. In fact, employers often spring them on workers after they’ve accepted a job, when their bargaining power is effectively zero. Surveying the literature, F.T.C. economists conservatively estimate that noncompetes suppress American workers’ income by roughly 3 percent to 4 percent, or $250 billion to $296 billion."

"Perhaps this would be more forgivable if noncompetes really did spur innovation, helping companies take big swings and bold risks. But here, too, the real-world evidence reviewed by the F.T.C. undermines the theory. As the name implies, noncompete clauses tend to make markets less competitive."

"Rather than encouraging dynamism and new ideas, they can enable stale incumbents to lock out new rivals."

"Start-ups are historically a key driver of job creation and innovation, but several studies have found that noncompetes reduce entrepreneurship and start-up formation. How can a new business break into the market if all of the qualified workers are locked in? Or if the would-be founder is bound by a noncompete?

"When you add it up, the evidence to date suggests that noncompetes suppress wages, reduce competition and keep innovative ideas from breaking into the market. One study even found that noncompetes lead to higher prices for consumers by reducing competition in the heavily concentrated health care sector."

"Noncompetes are the type of restriction that Section 5 of the F.T.C. Act, a federal law passed by Congress more than a century ago, is supposed to prevent. That’s why the F.T.C. last week proposed a rule forbidding companies to subject workers to noncompetes. Under the proposal, noncompetes would be designated an “unfair method of competition,” which the law prohibits. The rule would apply to professions across the board — janitors, nurses, engineers, journalists. Because employers often try to use noncompetes even when they’re unenforceable, the rule would require companies to proactively notify employees currently subject to noncompetes that those restrictions are now void."

"People might worry that eliminating noncompetes would make it impossible for companies to hold on to their secrets. But there is good reason to believe that more-targeted alternatives, such as nondisclosure agreements and trade secret law, would get the job done without imposing such a burden on the economy."

"We have already seen what life looks like without noncompetes because they have been legally unenforceable in California since the 19th century. Somehow, that hasn’t kept the California economy — the world’s fifth-largest — stuck in the Stone Age. Some observers have even suggested that Silicon Valley became the epicenter of America’s tech industry precisely because noncompetes were unenforceable there. As the law professor Ronald Gilson and others have argued, technological progress benefits from the free flow of workers — and knowledge — between companies and start-ups. Tying down workers through noncompetes risks blocking this progress."

"In the wake of the economic recovery from the pandemic, we continue to see a strong labor market and unusually high turnover, with employers complaining that they can’t hire qualified workers. These circumstances only underscore the importance of allowing workers to freely match with the jobs that are right for them. Noncompetes prevent that from happening. Removing them would unlock a tremendous pool of talent, helping employers find and hire the workers they need."

"At this stage, the F.T.C.’s proposed rule is just that — a proposal. The public is invited to weigh in during the open commenting period. Hearing from a broad range of voices — including entrepreneurs, employers and workers who have been subject to noncompetes — will help ensure that our efforts are based in reality, not abstract theories."

"A thriving, dynamic economy depends on fair competition — not just for consumers, but also for workers. We should be skeptical of any methods designed to prevent it."

The chairwoman of the F.T.C. argues in favor of a proposal to eliminate noncompete clauses from employee contracts.

12/31/2022

"A tweet by newly-elected Republican Congressman George Santos of New York claiming to be 'biracial' resurfaced amidst his string of lies about his ancestry, education and job resumé during his campaign for office."

"The embattled Republican-elect is scheduled to be sworn in next Tuesday and has no plans to step down even as he is being called out by both sides of the aisle for his blatant lies."

"If the 34-year-old non-incumbent Republican assumes office, he may be investigated by the House Committee on Ethics and the Justice Department for his perpetual fabrications and possible campaign finance violations."

"After Santos drew public scrutiny for making false biographical claims, including his proclamation that he was 'a proud American Jew' an old tweet resurfaced in which he also claimed he was 'biracial'."

"In a tweet from July 2020, Santos invoked Martin Luther King Jr. and railed against a 'Black anthem' movement, claiming it to be 'divisive'."

"He stated:"

" 'As a biracial person I stand tall against segregation of any kind'."

"When he was asked to clarify how he was biracial—which races he claimed to be, Santos replied:"

" 'Caucasian and black'."

"His response contradicted his own campaign biography stating he was the son of Brazillian immigrants who fled from the Holocaust during World War II despite genealogical records showing no indication his ancestors had any Jewish heritage nor were Holocaust survivors."

"Santos drew the ire of the public after he told the New York Post he was 'clearly Catholic' after previously stating he was Jewish in campaign speeches and print materials."

"He walked back his claim, saying his grandmother told him stories about being Jewish and later converting to Catholicism."

" 'I am Catholic,' he asserted:"

“ 'Because I learned my maternal family had a Jewish background, I said I was ‘Jew-ish’.' "

"The Republican Jewish Coalition denounced Santos before his interview with the media outlet, and they banned him from any of the group's future events for misleading its members."

Because of course.

10/08/2021

From today's Guardian newspaper article on California employee protections:

Yet another way California leads the nation.

"In a major victory for Silicon Valley activists and California workers, the governor has signed a law making it illegal for companies to bar employees from speaking out about harassment and discrimination."

"The new law is the result of hard-fought advocacy work by those in the tech industry who have long spoken out against the restrictive confidentiality arrangements, known as nondisclosure agreements or NDAs, which are intended to protect industry secrets but which has created a culture of silence around wrongdoing.'

"NDAs often keep incidents of harassment and discrimination under wraps, forcing employees to keep quiet or face legal actions and fines. They became a point of debate after the movement, when it was revealed that Harvey Weinstein used such contracts to keep his victims from speaking out."

"The Silenced No More Act was co-sponsored by Ifeoma Ozoma, a former policy manager at Pinterest who broke her own NDA to go public with allegations of discrimination at the company in 2020, along with her colleague Aerica Shimizu Banks. Both alleged Pinterest did little to protect them from harassment inside and outside the company."

"The law, called the Silenced No More Act, was sponsored by California senator Connie Leyva and will expand protections against secret workplace settlements. It will also prohibit the use of confidentiality agreements for workers leaving a company."

" 'It is absolutely unacceptable for an employer to try to silence a worker because they were a victim of any type of harassment or discrimination,' Leyva said in a statement."

"Although the bill was spearheaded and supported by tech workers, it will apply to all California industries and larger firms based in the state will also need to comply."

"The Silenced No More act builds on an existing law passed in the wake of the movement, which banned the use of confidentiality agreements in cases of sexual harassment to include other kinds of discrimination, such as pay discrimination or bias based on race, ethnicity, sexual orientation, age, disability, or religion."

03/22/2021

Workplace Covid Guidelines Issued by the Department of Fair Employment and Housing (“DFEH”):

1. Employers are allowed to:
A. Ask their employees who physically enter a workplace if they have had Covid symptoms (fever, chills, coughing, or a sore throat);
B. Take their employee’s temperature for (only) the purpose of detecting Covid;
B. Ask any employee who has not shown up for work if there is a medically-related reason for the absence. If the employee says yes, employers must maintain that information as a confidential medical record (not in the personnel file);
C. Require their employees submit to a medical examination for VIRAL testing (not ANTIBODY testing) when it is “job-related and consistent with business necessity”, before allowing him/her to physically enter the workplace;
D. Require their employees to wear PPE (i.e., masks, gloves, gowns, etc.) as long as the Covid pandemic continues. But where an employee with a disability needs a related reasonable accommodation (like non-latex gloves or gowns designed for those using wheelchairs), the employer should provide same, absent undue hardship in doing so;
E. Send their employees home if they have tested positive for Covid or are showing Covid-like symptoms (fever, chills, coughing, or a sore throat). Employers must provide paid sick leave and pay the employee under paid sick leave laws. If sick leave is exhausted, employees may be entitled to other paid leave (such as vacation or paid time off) or job-protected unpaid leave;
F. Require their employees to obtain an FDA-approved Covid vaccine.

Any employee testing positive for Covid has privacy rights. The employer must keep the employee's identity confidential (including keeping employee medical files separate from the employee’s personnel file). The employer nonetheless must take reasonable steps to prevent other employees from being infected with Covid. Viral testing is part of a comprehensive plan for reducing transmission of COVID-19 in the workplace.

See this link: https://www.dfeh.ca.gov/wp-content/uploads/sites/32/2020/03/DFEH-Employment-Information-on-COVID-19-FAQ_ENG.pdf

03/22/2021

Supplemental Sick Leave Bill - Covid-19:

Senate Bill 95 (“SB95”) went into effect on March 19, 2021.

SB95 requires an additional 80 hours of paid sick leave to be made available by employers (whether public or private employers) with more than 25 employees, for their employees. The bill was made retroactive to January 1, 2021.

Employees are entitled to sick leave if any of the following apply:

(1) The employee is in quarantine or required to be in quarantine for reasons related to Covid, or
(2) The employee has been told by his/her doctor or other a health care provider to quarantine himself/herself for reasons related to Covid;’ or
(3) The employee suffers symptoms related to a Covid vaccine that prevents the employee from being able to work at the work location or electronically; or
(4) The employee has and is going for an appointment to receive a Covid vaccine; or
(5) The employee is suffering from symptoms related to Covid (fever, chills, coughing, or a sore throat) and is seeking a medical opinion on a Covid diagnosis; or
(6) The employee is primarily caring for a family member who is either required to be in quarantine or in isolation order or has been advised by a health care provider to quarantine himself or herself; or
(7) The employee is caring for a child whose school or child-care facility is closed or limited for reasons related to Covid.

Employees have a right to up to 12 weeks of paid leave under the California Family Rights Act (“CFRA”) to care for their own serious illness (Covid or otherwise) and/or their the serious illness(es) (Covid or otherwise) of their immediate family members. Covid qualifies as a serious health condition if it results in inpatient care or continuing treatment or supervision by a health care provider or if it leads to conditions such as pneumonia.

If an employee cannot come to work due to Covid, any employer with five or more employees must make reasonable accommodations for the employee (i.e. working remotely) if Covid is causing a “disability”, unless doing so causes an “undue hardship” to the employer. Whether illness related to Covid rises to the level of a “disability” (as opposed to a typical seasonal illness such as the flu) is a based on the individual facts for this employee and employer. Factors considered when deciding whether providing leave is an “undue hardship” include: the number of employees, the size of the employer’s budget, and the nature of the business or operation.

An employee is entitled to a “reasonable accommodation” if he or she has a medical condition which increases his or her risk for severe illness as a result of Covid. According to the CDC, people with the following underlying medical conditions are at increased risk for severe illness from Covid:
• cancer;
• chronic kidney disease
• COPD;
• down syndrome;
• pregnancy;
• smoking;
• immunosuppressed state from solid organ transplant;
• obesity;
• serious heart conditions;
• sickle cell disease; and
• Type-2 diabetes.

Employees with the following conditions may be at increased risk for severe illness from Covid:
• moderate to severe asthma;
• cerebrovascular disease;
• cystic fibrosis;
• hypertension or high blood pressure;
• immuno-compromised state from blood or bone marrow transplant, immune deficiencies, HIV, use of corticosteroids, or use of other immune weakening medicines;
• neurologic conditions such as dementia;
• liver disease;
• pulmonary fibrosis (having damaged or scarred lung tissues);
• thalassemia (a type of blood disorder); and
• Type-1 diabetes.

Employers may require a medical certification of the serious health condition from a health care provider within 15 days of the employee’s request, UNLESS it is not reasonably possible for the employee to do so. In the context of a pandemic, it is not generally considered to be reasonably possible for employees to provide advance notice of the need for leave (when that need is related to the pandemic), or for employees to obtain certifications when health care providers are working to address urgent patient needs.

For more information about CFRA leave, see: www.dfeh.ca.gov/family-medical-pregnancy-leave/.

07/09/2020

Workers Compensation insurance was also affected by Covid 19 -- a presumption may apply as to contracting Covid, and which may result in a Workers' Compensation case.

The order streamlines workers' compensation claims and establishes that any essential worker infected with COVID-19 contracted the virus on the job.

05/14/2020

FOR IMMEDIATE RELEASE:
May 13, 2020
Media Relations
[email protected]
PRESIDING JUDGE KEVIN C. BRAZILE EXTENDS ORDER CLOSING COURTROOMS, DELAYING TRIALS AND NON-ESSENTIAL MATTERS THROUGH JUNE 10
Nation’s Largest Trial Court to Launch ‘Here For You | Safe For You’ Plan to Open Virtual and Physical Courthouse Doors Starting June 15 with the Clerk’s Office

Presiding Judge Kevin C. Brazile announced today he has extended his April 14 Order pursuant to the emergency powers granted to him by Chief Justice Tani G. Cantil-Sakauye under Government Code 68115. Under today’s Order, all courtrooms will remain closed for judicial business through June 10 — except time-sensitive, essential functions. To prepare for the resumption of court hearings beginning June 22, the Clerk’s Office will reopen on June 15.

“This extension is necessary to continue social distancing in our courthouses as we balance public health and safety and prepare to reopen the virtual and physical doors of the nation’s largest trial court with a broad array of safeguards and services under the Court’s new ‘Here For You | Safe For You’ plan,” Presiding Judge Brazile said. “Whether you are an attorney or party appearing from a remote location or seeking assisting from a courthouse, the Court will fulfill its access to justice mandate while prioritizing safe, accessible and efficient service delivery for the public, judicial officers and employees.”

Under the Order, these matters scheduled between May 13-June 10, 2020, will be continued or reset:
•Criminal jury trials and non-jury trials;
•Civil jury and non-jury trials;
•Processing of all Unlawful Detainer cases;
•Family Law trials and evidentiary hearings, excluding Restraining Order and international kidnapping proceedings;
•Traffic and Non-Traffic Infraction trials; and
•Dependency and Delinquency arraignment/detention hearings.

In response to the COVID-19 public health crisis, Presiding Judge Brazile exercised his authority to scale down operations on March 17 under the powers conveyed to him by the Chief Justice on March 16, 2020. The initial Order led to the closure of 400 out of 580 courtrooms throughout the Court’s 38 courthouses. Those courtrooms will remain closed through June 10, with hearings resuming on June 22.

Access to all Los Angeles County courthouses remains restricted to Judges, Commissioners, court staff, co-lessees, Judicial Council staff and vendors, and authorized persons, which includes but is not limited to news reporters and news media representatives.

To prepare for the June 22 reopening of the closed 400 courtrooms and resumption of hearings and court operations, the Clerk’s Office — which has been closed since March 23 — will reopen on June 15. Court employees are preparing calendars and implementing new ways to virtually deliver services. Information regarding the new Virtual Clerk’s Office and Court Service Departments including virtual Jury Service, telephonic and video Webex assistance, and how to reserve a seat in the courthouse for in-person assistance, will be coming soon.

In addition to the new virtual services coming soon, under the new Here For You | Safe For Youplan, the Court:

•Requires the use of face coverings by all judicial officers, employees and all Court visitors, with limited permissible exceptions;
•Manages social distancing with signs, floor, wall and seating markings inside and outside courthouses;
•Works with Sheriff’s Deputies to help manage social distancing requirements;
•Offers hand sanitizer and wipes at entrances, inside courtrooms and other high traffic areas; and
•Provides enhanced disinfection and cleaning of courthouse facilities, including disinfectant cleaning of many areas twice daily in areas such as courtrooms, Clerk’s Office, and all high- traffic areas, such as hand rails, door handles and k***s, elevator areas and buttons, and escalators. Public restrooms also are disinfected twice daily, and sometimes more frequently, if needed.

The Here For You | Safe For You plan focuses on providing a safe courthouse environment while offering services that allow court business to be conducted remotely. Whether appearing by phone, from home, the office or coming to the courthouse, the Here For You | Safe For You plan provides safe, efficient options to access justice. The Court’s remote technology options promote social distancing by reducing the number of people appearing in person. Updates on COVID-19 impacts to court operations are available on the Court’s website (www.lacourt.org) and Twitter page ().

https://files.constantcontact.com/9540697b001/88540411-f1ce-4319-abac-e8ac73d6f374.pdf

04/15/2020

The below links should provide some information regarding an employer’s obligation with respect to employees with COVID-19 or similar symptoms:

Interim Guidance for Businesses and Employers to Plan and Respond to Coronavirus Disease 2019 (COVID-19)

https://www.cdc.gov/coronavirus/2019-ncov/community/guidance-business-response.html

Interim Guidance for Businesses and Employers to Plan and Respond to Coronavirus Disease 2019 (COVID-19)

Plan, Prepare and Respond to Coronavirus Disease 2019

Summary of Changes to the Guidance:

Below are changes as of March 21, 2020

Updated cleaning and disinfection guidance
Updated best practices for conducting social distancing
Updated strategies and recommendations that can be implemented now to respond to
COVID-19

Purpose
This interim guidance is based on what is currently known about the coronavirus disease 2019 (COVID-19). COVID-19 is a respiratory illness that can spread from person to person. The outbreak first started in China, but the virus continues to spread internationally and in the United States. The Centers for Disease Control and Prevention (CDC) will update this interim guidance as additional information becomes available.

The following interim guidance may help prevent workplace exposures to COVID-19, in non-healthcare settings. (CDC has provided separate guidance for healthcare settings.) This guidance also provides planning considerations for community spread of COVID-19.

To prevent stigma and discrimination in the workplace, use only the guidance described below to determine risk of COVID-19 infection. Do not make determinations of risk based on race or country of origin and be sure to maintain confidentiality of people with confirmed coronavirus infection. There is much more to learn about the transmissibility, severity, and other features of COVID-19 and investigations are ongoing. Updates are available on CDC’s web page.

Preparing Workplaces for a COVID-19 Outbreak
Businesses and employers can prevent and slow the spread of COVID-19. Employers should plan to respond in a flexible way to varying levels of disease transmission in the community and be prepared to refine their business response plans as needed. According to the Occupational Safety and Health Administration (OSHA), most American workers will likely experience low (caution) or medium exposure risk levels at their job or place of employment (see OSHA guidance for employers for more information about job risk classifications). https://www.osha.gov/Publications/OSHA3990.pdf

Businesses are strongly encouraged to coordinate with state [https://www.cste.org/page/StateEpi] and local [https://www.naccho.org/membership/lhd-directory] health officials so timely and accurate information can guide appropriate responses. Local conditions will influence the decisions that public health officials make regarding community-level strategies. CDC has guidance for mitigation strategies according to the level of community transmission or impact of COVID-19 [ [https://www.cdc.gov/coronavirus/2019-ncov/downloads/community-mitigation-strategy.pdf]

All employers need to consider how best to decrease the spread of COVID-19 and lower the impact in their workplace. This may include activities in one or more of the following areas:

reduce transmission among employees,
maintain healthy business operations, and
maintain a healthy work environment.

Reduce Transmission Among Employees
Actively encourage sick employees to stay home:
• Employees who have symptoms (i.e., fever, cough, or shortness of breath) should
notify their supervisor and stay home.
• Sick employees should follow CDC-recommended steps. Employees should not return
to work until the criteria to discontinue home isolation are met, in consultation with
healthcare providers and state and local health departments.
• Employees who are well but who have a sick family member at home with COVID-19
should notify their supervisor and follow CDC recommended precautions.

Identify where and how workers might be exposed to COVID-19 at work:

• See OSHA COVID-19 webpage [https://www.osha.gov/SLTC/covid-19/] for more
information on how to protect workers from potential exposures and guidance for
employers [https://www.osha.gov/Publications/OSHA3990.pdf], including steps to
take for jobs according to exposure risk.
• Be aware that some employees may be at higher risk for serious illness, such as older
adults and those with chronic medical conditions. Consider minimizing face-to-face
contact between these employees or assign work tasks that allow them to maintain a
distance of six feet from other workers, customers and visitors, or to telework if
possible.

Separate sick employees:
• Employees who appear to have symptoms (i.e., fever, cough, or shortness of breath)
upon arrival at work or who become sick during the day should immediately be
separated from other employees, customers, and visitors and sent home.
• If an employee is confirmed to have COVID-19 infection, employers should inform
fellow employees of their possible exposure to COVID-19 in the workplace but
maintain confidentiality as required by the Americans with Disabilities Act (ADA).
The employer should instruct fellow employees about how to proceed based on the
CDC Public Health Recommendations for Community-Related Exposure.

Educate employees about how they can reduce the spread of COVID-19:
• Employees can take steps to protect themselves at work and at home. Older people and
people with serious chronic medical conditions are at higher risk for complications.
• Follow the policies and procedures of your employer related to illness, cleaning and
disinfecting, and work meetings and travel.
• Stay home if you are sick, except to get medical care. Learn what to do if you are sick.
• Inform your supervisor if you have a sick family member at home with COVID-19. Learn what to do if someone in your house is sick.
• Wash your hands often with soap and water for at least 20 seconds. Use hand sanitizer
with at least 60% alcohol if soap and water are not available.
• Avoid touching your eyes, nose, and mouth with unwashed hands.
• Cover your mouth and nose with a tissue when you cough or sneeze or use the inside
of your elbow. Throw used tissues in the trash and immediately wash hands with soap
and water for at least 20 seconds. If soap and water are not available, use hand sanitizer
containing at least 60% alcohol. Learn more about coughing and sneezing etiquette on
the CDC website.
• Clean AND disinfect frequently touched objects and surfaces such as workstations,
keyboards, telephones, handrails, and doork***s. Dirty surfaces can be cleaned with
soap and water prior to disinfection. To disinfect, use products that meet EPA’s criteria
for use against SARS-CoV-2external icon, the cause of COVID-19, and are appropriate
for the surface.
• Avoid using other employees’ phones, desks, offices, or other work tools and
equipment, when possible. If necessary, clean and disinfect them before and after use.
• Practice social distancing by avoiding large gatherings and maintaining distance
(approximately 6 feet or 2 meters) from others when possible.

Maintain Healthy Business Operations
Identify a workplace coordinator who will be responsible for COVID-19 issues and their impact at the workplace.

Implement flexible sick leave and supportive policies and practices.
• Ensure that sick leave policies are flexible and consistent with public health guidance
and that employees are aware of and understand these policies.
• Maintain flexible policies that permit employees to stay home to care for a sick family
member or take care of children due to school and childcare closures. Additional
flexibilities might include giving advances on future sick leave and allowing
employees to donate sick leave to each other.
• Employers that do not currently offer sick leave to some or all of their employees may
want to draft non-punitive “emergency sick leave” policies.
• Employers should not require a positive COVID-19 test result or a healthcare
provider’s note for employees who are sick to validate their illness, qualify for sick
leave, or to return to work. Healthcare provider offices and medical facilities may be
extremely busy and not able to provide such documentation in a timely manner.
• Review human resources policies to make sure that policies and practices are
consistent with public health recommendations and are consistent with existing state
and federal workplace laws (for more information on employer responsibilities, visit
the Department of Labor’s [https://www.dol.gov/] and the Equal Employment
Opportunity Commission’s [https://www.eeoc.gov/] websites).
• Connect employees to employee assistance program (EAP) resources (if available) and
community resources as needed. Employees may need additional social, behavioral,
and other services, for example, to cope with the death of a loved one.

Assess your essential functions and the reliance that others and the community have on your services or products.
• Be prepared to change your business practices if needed to maintain critical operations
(e.g., identify alternative suppliers, prioritize existing customers, or temporarily
suspend some of your operations if needed).
• Identify alternate supply chains for critical goods and services. Some good and services
may be in higher demand or unavailable.
• Talk with companies that provide your business with contract or temporary employees
about the importance of sick employees staying home and encourage them to develop
non-punitive leave policies.
• Talk with business partners about your response plans. Share best practices with other
businesses in your communities (especially those in your supply chain), chambers of
commerce, and associations to improve community response efforts.

Determine how you will operate if absenteeism spikes from increases in sick employees, those who stay home to care for sick family members, and those who must stay home to watch their children if dismissed from childcare programs and K-12 schools.
• Plan to monitor and respond to absenteeism at the workplace.
• Implement plans to continue your essential business functions in case you experience
higher than usual absenteeism.
• Prepare to institute flexible workplace and leave policies.
• Cross-train employees to perform essential functions so the workplace can operate
even if key employees are absent.

Consider establishing policies and practices for social distancing. Social distancing should be implemented if recommended by state and local health authorities. Social distancing means avoiding large gatherings and maintaining distance (approximately 6 feet or 2 meters) from others when possible (e.g., breakrooms and cafeterias). Strategies that business could use include:
• Implementing flexible worksites (e.g., telework)
• Implementing flexible work hours (e.g., staggered shifts)
• Increasing physical space between employees at the worksite
• Increasing physical space between employees and customers (e.g., drive through,
partitions)
• Implementing flexible meeting and travel options (e.g., postpone non-essential
meetings or events)
• Downsizing operations
• Delivering services remotely (e.g. phone, video, or web)
• Delivering products through curbside pick-up or delivery

Employers with more than one business location are encouraged to provide local managers with the authority to take appropriate actions outlined in their COVID-19 response plan based on local conditions.

Maintain a healthy work environment

Consider improving the engineering controls using the building ventilation system. This may include some or all of the following activities:
• Increase ventilation rates.
• Increase the percentage of outdoor air that circulates into the system.

Support respiratory etiquette and hand hygiene for employees, customers, and worksite visitors:
• Provide tissues and no-touch disposal receptacles.
• Provide soap and water in the workplace. If soap and water are not readily available,
use alcohol-based hand sanitizer that is at least 60% alcohol. If hands are visibly dirty,
soap and water should be chosen over hand sanitizer. Ensure that adequate supplies are
maintained.
• Place hand sanitizers in multiple locations to encourage hand hygiene.
• Place posters that encourage hand hygiene to help stop the spread at the entrance to
your workplace and in other workplace areas where they are likely to be seen.
• Discourage handshaking – encourage the use of other noncontact methods of greeting.
• Direct employees to visit the coughing and sneezing etiquette [https://www.cdc.gov/healthywater/hygiene/etiquette/coughing_sneezing.html] and clean hands
[https://www.cdc.gov/handwashing/index.html] webpage for more information.

Perform routine environmental cleaning and disinfection:
• Routinely clean and disinfect all frequently touched surfaces in the workplace, such as
workstations, keyboards, telephones, handrails, and doork***s.
• If surfaces are dirty, they should be cleaned using a detergent or soap and water
prior to disinfection.
• For disinfection, most common EPA-registered household disinfectants should
be effective. A list of products that are EPA-approved for use against the virus
that causes COVID-19 is available here:
[https://www.epa.gov/pesticide-registration/list-n-disinfectants-use-against-sars-cov-2]. Follow the manufacturer’s instructions for all cleaning and disinfection
products (e.g., concentration, application method and contact time, etc.).
• Discourage workers from using other workers’ phones, desks, offices, or other work
tools and equipment, when possible. If necessary, clean and disinfect them before and
after use.
• Provide disposable wipes so that commonly used surfaces (for example, doork***s,
keyboards, remote controls, desks, other work tools and equipment) can be wiped
down by employees before each use. To disinfect, use products that meet EPA’s
criteria for use against SARS-Cov-2
[https://www.epa.gov/pesticide-registration/list-n-disinfectants-use-against-sars-cov-2],
the cause of COVID-19, and are appropriate for the surface.

Perform enhanced cleaning and disinfection after persons suspected/confirmed to have
COVID-19 have been in the facility:
• If a sick employee is suspected or confirmed to have COVID-19, follow the CDC
cleaning and disinfection recommendations:
https://www.cdc.gov/coronavirus/2019-ncov/community/organizations/cleaning-disinfection.html

Advise employees before traveling to take additional preparations:
• Check the CDC’s Traveler’s Health Notices for the latest guidance and
recommendations for each country to which you will travel. Specific travel information
for travelers going to and returning from countries with travel advisories, and
information for aircrew, can be found on the CDC website.
• Advise employees to check themselves for symptoms of COVID-19 (i.e., fever, cough,
or shortness of breath) before starting travel and notify their supervisor and stay home
if they are sick.
• Ensure employees who become sick while traveling or on temporary assignment
understand that they should notify their supervisor and promptly call a healthcare
provider for advice if needed.
• If outside the United States, sick employees should follow company policy for
obtaining medical care or contact a healthcare provider or overseas medical assistance
company to assist them with finding an appropriate healthcare provider in that country.
A U.S. consular officer can help locate healthcare services. However, U.S. embassies,
consulates, and military facilities do not have the legal authority, capability, and
resources to evacuate or give medicines, vaccines, or medical care to private U.S.
citizens overseas.

Take care when attending meetings and gatherings:
• Carefully consider whether travel is necessary.
• Consider using videoconferencing or teleconferencing when possible for work-related
meetings and gatherings.
• Consider canceling, adjusting, or postponing large work-related meetings or gatherings
that can only occur in-person.
• When videoconferencing or teleconferencing is not possible, hold meetings in open,
well-ventilated spaces.

Resources for more information:

• COVID-19 Website
https://www.cdc.gov/coronavirus/2019-ncov/index.html
• What You Need to Know About COVID-19
https://www.cdc.gov/coronavirus/2019-ncov/downloads/2019-ncov-factsheet.pdf
• What to Do If You Are Sick With COVID-19
https://www.cdc.gov/coronavirus/2019-ncov/downloads/sick-with-2019-nCoV-fact-sheet.pdf
• Interim US Guidance for Risk Assessment and Public Health Management of Persons
with Potential Coronavirus Disease 2019 (COVID-19) Exposure in Travel-associated
or Community Settings
https://www.cdc.gov/coronavirus/2019-ncov/php/risk-assessment.html
• Health Alert Network
https://emergency.cdc.gov/HAN/
• Travelers’ Health Website
https://wwwnc.cdc.gov/travel
• National Institute for Occupational Safety and Health’s Small Business International
Travel Resource Travel Planner
https://www.cdc.gov/niosh/docs/2019-165/pdfs/2019-165.pdf?id=10.26616/NIOSHPUB2019165
• Coronavirus Disease 2019 Recommendations for Ships
https://www.cdc.gov/quarantine/maritime/index.html
• Coronavirus Disease 2019 Recommendations for Airlines and Airline crew
https://www.cdc.gov/quarantine/air/managing-sick-travelers/ncov-airlines.html
• Persons at Higher Risk of Severe Illness
https://www.cdc.gov/coronavirus/2019-ncov/need-extra-precautions/people-at-higher-risk.html

Other Federal Agencies and Partners
• OSHA COVID-19 Website
https://www.osha.gov/SLTC/covid-19/
• OSHA Guidance for Preparing Workplaces for COVID-19
https://www.osha.gov/Publications/OSHA3990.pdf

Criteria for Return to Work for Healthcare Personnel with Confirmed or
Suspected COVID-19 (Interim Guidance)
https://www.cdc.gov/coronavirus/2019-ncov/hcp/return-to-work.html?CDC_AA_refVal=https%3A%2F%2Fwww.cdc.gov%2Fcoronavirus%2F2019-ncov%2Fhealthcare-facilities%2Fhcp-return-work.html

Summary of Recent Changes as of April 13, 2020
• Indicates a preference for use of the Test-based strategy to determine when HCP may
return to work in healthcare settings
• Adds return to work criteria for HCP with laboratory-confirmed COVID-19 who have
not had any symptoms
• Aligns with recommendations for universal source control for everyone in a healthcare
facility during the pandemic.

CDC guidance for COVID-19 may be adapted by state and local health departments to respond to rapidly changing local circumstances.

Who this is for: Occupational health programs and public health officials making decisions about return to work for healthcare personnel (HCP) with confirmed COVID-19, or who have suspected COVID-19 (e.g., developed symptoms of a respiratory infection [e.g., cough, sore throat, shortness of breath, fever] but did not get tested for COVID-19).

Decisions about return to work for HCP with confirmed or suspected COVID-19 should be made in the context of local circumstances. Options include a test-based strategy or a non-test-based strategy (i.e., time-since-illness-onset and time-since-recovery strategy).

Return to Work Criteria for HCP with Confirmed or Suspected COVID-19

Use the Test-based strategy as the preferred method for determining when HCP may return to work in healthcare settings:

1. Test-based strategy. Exclude from work until:
• Resolution of fever without the use of fever-reducing medications AND
• Improvement in respiratory symptoms (e.g., cough, shortness of breath), AND
• Negative results of an FDA Emergency Use Authorized molecular assay for
COVID-19 from at least two consecutive nasopharyngeal swab specimens collected
≥24 hours apart (total of two negative specimens) [1]. See Interim Guidelines for
Collecting, Handling, and Testing Clinical Specimens for 2019 Novel Coronavirus
(2019-nCoV)
[https://www.cdc.gov/coronavirus/2019-ncov/lab/guidelines-clinical-specimens.html].

If the Test-based strategy cannot be used, the Non-test-based strategy may be used for determining when HCP may return to work in healthcare settings:

2. Non-test-based strategy. Exclude from work until:
• At least 3 days (72 hours) have passed since recovery defined as resolution of fever
without the use of fever-reducing medications and improvement in respiratory
symptoms (e.g., cough, shortness of breath); AND
• At least 7 days have passed since symptoms first appeared

HCP with laboratory-confirmed COVID-19 who have not had any symptoms should be excluded from work until 10 days have passed since the date of their first positive COVID-19 diagnostic test assuming they have not subsequently developed symptoms since their positive test.

If HCP had COVID-19 ruled out and have an alternate diagnosis (e.g., tested positive for influenza), criteria for return to work should be based on that diagnosis.

Return to Work Practices and Work Restrictions

After returning to work, HCP should:
• Wear a facemask for source control at all times while in the healthcare facility until all
symptoms are completely resolved or until 14 days after illness onset, whichever is
longer. A facemask instead of a cloth face covering should be used by these HCP for
source control during this time period while in the facility. After this time period,
these HCP should revert to their facility policy regarding universal source control
during the pandemic.
• A facemask for source control does not replace the need to wear an N95 or
higher-level respirator (or other recommended PPE) when indicated, including
when caring for patients with suspected or confirmed COVID-19.
• Of note, N95 or other respirators with an exhaust valve might not provide
source control.
• Be restricted from contact with severely immunocompromised patients (e.g.,
transplant, hematology-oncology) until 14 days after illness onset
• Self-monitor for symptoms, and seek re-evaluation from occupational health if
respiratory symptoms recur or worsen

Strategies to Mitigate Healthcare Personnel Staffing Shortages

Maintaining appropriate staffing in healthcare facilities is essential to providing a safe work environment for healthcare personnel (HCP) and safe patient care. As the COVID-19 pandemic progresses, staffing shortages will likely occur due to HCP exposures, illness, or need to care for family members at home. Healthcare facilities must be prepared for potential staffing shortages and have plans and processes in place to mitigate them, including considerations for permitting HCP to return to work without meeting all return to work criteria above. Refer to the Strategies to Mitigate Healthcare Personnel Staffing Shortages document for information.
https://www.cdc.gov/coronavirus/2019-ncov/hcp/mitigating-staff-shortages.html

Footnotes
1. All test results should be final before isolation is ended. Testing guidance is based upon limited information and is subject to change as more information becomes available. In persons with a persistent productive cough, SARS-CoV-2-RNA might be detected for longer periods in sputum specimens than in upper respiratory tract (nasopharyngeal swab) specimens.

Definitions
• Cloth face covering: Textile (cloth) cover that are intended to keep the person wearing
one from spreading respiratory secretions when talking, sneezing, or coughing. They
are not PPE and it is uncertain whether cloth face coverings protect the wearer.
Guidance on design, use, and maintenance of cloth face coverings is available.

• Facemask: Facemasks are PPE and are often referred to as surgical masks or procedure
masks. Use facemasks according to product labeling and local, state, and federal
requirements. FDA-cleared surgical masks are designed to protect against splashes and
sprays and are prioritized for use when such exposures are anticipated, including
surgical procedures. Facemasks that are not regulated by FDA, such as some
procedure masks, which are typically used for isolation purposes, may not provide
protection against splashes and sprays.

• Respirator: A respirator is a personal protective device that is worn on the face, covers
at least the nose and mouth, and is used to reduce the wearer’s risk of inhaling
hazardous airborne particles (including dust particles and infectious agents), gases, or
vapors. Respirators are certified by the CDC/NIOSH, including those intended for use
in healthcare.

Further Guidance re self-quarantine an d sick leave:
• CDC guidelines require the exposed employees to self-quarantine due to their exposure
to a COVID-19 positive person (even if they don’t have symptoms), then depending
on the size of the employer and its location, either the expanded sick leave law under
FFCRA or City of LA’s emergency paid sick leave ordinance may apply (assuming the
job is the kind that cannot be done remotely).

Coronavirus disease 2019 (COVID-19) - Interim Guidance for Businesses and Employers