Allen Matkins
ProfessionalsIndustries & ServicesNews & InsightsCareers

  • Professionals
  • Industries & Services
  • News & Insights
  • Careers
  • Offices
  • About
Manage Subscriptions

News & Insights

Legal Alert

COVID-19 Reopening Readiness Guide for Employers

Labor & Employment

5.19.20

As Governor Newsom and local government officials begin relaxing Stay-At-Home orders, California employers will want to plan for employees' potential return to work at their offices and worksites. Governor Newsom's recent announcement that "Stage 2" of his proposed 4-Stage reopening plan could allow for a gradual opening of lower-risk workplaces, with some retail, manufacturing and logistics sectors opening first, followed later by sectors such as offices and dine-in restaurants. This article provides a summary of the primary guidance offered by the CDC, Cal/OSHA, and other agencies.

1. Have a Plan and a Team.

Employers may wish to appoint and announce a COVID-19 coordinator or a team for centralized and consistent handling of all COVID-19-related questions. Early and clear communications regarding the employer's plan for employees, including any new policies applicable to employees when they return, may ensure a smoother return to work for both the employer and employees.

While each employer's circumstances may differ, Cal/OSHA has offered the following suggestions regarding worksite specific plans:

COVID-19 Worksite Specific PlanOn May 14, 2020, the CDC issued a package of six decision trees or tools to assist employers making reopening decisions during the COVID-19 pandemic. The flow chart for workplaces can be found here. Similar decision trees are available for schools, restaurants and bars, mass transit, child care programs, and youth programs and camps.

2. Keep Up-to-Date on All Applicable Federal, State and Local Orders.

Businesses should be mindful that they may be covered by different orders set by federal, state and/or local governments. In other words, even though Governor Newsom may decide to move California as a whole into Stage 2, counties and cities may choose to move slower (or faster if localities meet certain requirements set by Governor Newsom) in easing restrictions. Also, guidance from the Centers for Disease Control and Prevention (CDC), the Occupational Safety and Health Administration (OSHA), and others provides rapidly changing and updated information that should be checked as appropriate as information about COVID-19 develops.

3. Prepare the Physical Workspace.

Employers will want to consider a number of issues to prepare their physical workplaces for the physical return of employees to the worksite, including this cleaning and disinfecting protocol checklist offered by Cal/OSHA:

COVID-19 Cleaning and Disinfecting Protocols

4. Precautions to be Taken After Reopening.

To promote safe practices in the workplace, employers may wish to consider a number of physical distancing guidelines. While circumstances may differ by employer, the California Department of Industrial Relations provides the following considerations:

COVID-19 Physical Distancing Guidelines

5. Reduce Possibility of COVID-19 Infection.

Pursuant to Governor Newsom's Executive Order N-62-20, available here, any COVID-19-related illness of an employee is "presumed" to arise in the course of employment for purposes of workers' compensation if, among other conditions, the employee tested positive for or was diagnosed with COVID-19 within 14 days after a day that employee performed labor or services for the employer. (Note, this presumption does NOT apply to work performed remotely at an employee's residence). Some considerations to help reduce the possibility of COVID-19 infection in the workplace could include:

  • Informing employees of free offerings of local COVID-19 tests and/or antibody tests.
  • Some local orders require or encourage temperature checks for all employees prior to entering the workplace. This implicates a number of legal compliance issues, so employers should work with legal counsel in implementing temperature checks or other medical screenings.
  • Asking employees to self-isolate or quarantine if they experience COVID-19 related symptoms before they return to the worksite.
  • Requiring or encouraging face coverings for all employees.
  • Compliance with various reporting requirements for employees who test positive for COVID-19.
  • Prompt response to a report of any possible COVID-19 infection and potential exposure.

6. Employer Policies and Legal Compliance.

Employers should also consider whether their personnel policies need to be updated in light of the COVID-19 pandemic, including the following:

  • Sick leave policies.
  • Disability policies.
  • Family care policies.
  • Telework policies.
  • Employee handbooks.
  • Required posters.

In evaluating reopening plans, employers should be guided by the general principles of advance planning, communication, safety and responsiveness by following updated federal, state and local recommendations.

SUBSCRIBE

Author

Baldwin J. Lee

Partner

San FranciscoT(415) 273-7446blee@allenmatkins.com
Email Baldwin J. Lee
Download Baldwin J. Lee Vcard
Baldwin J. Lee LinkedIn

RELATED SERVICES

  • Labor & Employment

News & Insights

Manage Subscriptions

Legal Alert

U.S. Supreme Court Enforces Employer’s Bilateral Arbitration Agreement, Approving Dismissal of PAGA Representative Claims

6.30.22

Press, Media, & Articles

Allen Matkins Ranked in Top Tier of California Real Estate Law Firms by Chambers USA for 21st Consecutive Year

6.03.22

Photo of posters and announcements posted to wall

Legal Alert

2022 Labor & Employment Law Update for California Employers

12.09.21

Legal Alert

California Supreme Court Clarifies Formula for Calculating Payment of Meal, Rest, and Recovery Break Premiums

7.30.21

Press, Media, & Articles

Matthew Sessions Joins Allen Matkins in Orange County as Partner, Bolstering Litigation Practice

3.03.25

Legal Alert

ICE Inspections in the Workplace: What Employers Need to Know

2.20.25

Photo of posters and announcements posted to wall

Legal Alert

2025 Labor & Employment Law Update for California Employers

12.12.24

Press, Media, & Articles

Allen Matkins Elects Six Lawyers to Partnership

7.01.24

Legal Alert

FTC Final Rule Banning Most Worker Noncompete Agreements

5.03.24

Press, Media, & Articles

Off With The ‘Handcuffs’: How A Noncompete Ban Could Change CRE

4.30.24

Photo of posters and announcements posted to wall

Press, Media, & Articles

Musk-Backed Suit Over Disney Actor’s Firing Bets on State Law

2.23.24

Legal Alert

Key Updates in 2024 For California Employers: Paid Sick Leave, Cannabis Protections, Reproductive Loss, Covenants, and COVID-19 Requirements

12.07.23

Press, Media, & Articles

38 Allen Matkins Partners Recognized in 2024 Edition of The Best Lawyers in America®; Keith Bishop, Jeff Chine, and Val Hoy Named ‘Lawyers of the Year’; 16 Additional Lawyers Named to ‘Ones to Watch’ List

8.17.23

Legal Alert

2023 Labor & Employment Law Update for California Employers

12.12.22

Photo of posters and announcements posted to wall

Legal Alert

California Expands Employer Pay Scale Disclosure and Data Reporting Requirements

10.05.22

Press, Media, & Articles

40 Allen Matkins Partners Recognized in 2023 Edition of The Best Lawyers in America®; Dwight Armstrong, Jeff Chine, Val Hoy, and Sandi Nichols Named ‘Lawyers of the Year’; 13 Additional Attorneys Named to ‘Ones to Watch’ List; Firm Receives National Tier 1 Rankings

8.19.22

Legal Alert

U.S. Supreme Court Enforces Employer’s Bilateral Arbitration Agreement, Approving Dismissal of PAGA Representative Claims

6.30.22

Press, Media, & Articles

Allen Matkins Ranked in Top Tier of California Real Estate Law Firms by Chambers USA for 21st Consecutive Year

6.03.22

Photo of posters and announcements posted to wall

Legal Alert

2022 Labor & Employment Law Update for California Employers

12.09.21

Legal Alert

California Supreme Court Clarifies Formula for Calculating Payment of Meal, Rest, and Recovery Break Premiums

7.30.21

Press, Media, & Articles

Matthew Sessions Joins Allen Matkins in Orange County as Partner, Bolstering Litigation Practice

3.03.25

Legal Alert

ICE Inspections in the Workplace: What Employers Need to Know

2.20.25

Photo of posters and announcements posted to wall

Legal Alert

2025 Labor & Employment Law Update for California Employers

12.12.24

Press, Media, & Articles

Allen Matkins Elects Six Lawyers to Partnership

7.01.24

Legal Alert

FTC Final Rule Banning Most Worker Noncompete Agreements

5.03.24

Press, Media, & Articles

Off With The ‘Handcuffs’: How A Noncompete Ban Could Change CRE

4.30.24

Photo of posters and announcements posted to wall

Press, Media, & Articles

Musk-Backed Suit Over Disney Actor’s Firing Bets on State Law

2.23.24

Legal Alert

Key Updates in 2024 For California Employers: Paid Sick Leave, Cannabis Protections, Reproductive Loss, Covenants, and COVID-19 Requirements

12.07.23

Press, Media, & Articles

38 Allen Matkins Partners Recognized in 2024 Edition of The Best Lawyers in America®; Keith Bishop, Jeff Chine, and Val Hoy Named ‘Lawyers of the Year’; 16 Additional Lawyers Named to ‘Ones to Watch’ List

8.17.23

Legal Alert

2023 Labor & Employment Law Update for California Employers

12.12.22

Photo of posters and announcements posted to wall

Legal Alert

California Expands Employer Pay Scale Disclosure and Data Reporting Requirements

10.05.22

Press, Media, & Articles

40 Allen Matkins Partners Recognized in 2023 Edition of The Best Lawyers in America®; Dwight Armstrong, Jeff Chine, Val Hoy, and Sandi Nichols Named ‘Lawyers of the Year’; 13 Additional Attorneys Named to ‘Ones to Watch’ List; Firm Receives National Tier 1 Rankings

8.19.22

Legal Alert

U.S. Supreme Court Enforces Employer’s Bilateral Arbitration Agreement, Approving Dismissal of PAGA Representative Claims

6.30.22

Press, Media, & Articles

Allen Matkins Ranked in Top Tier of California Real Estate Law Firms by Chambers USA for 21st Consecutive Year

6.03.22

Photo of posters and announcements posted to wall

Legal Alert

2022 Labor & Employment Law Update for California Employers

12.09.21

Legal Alert

California Supreme Court Clarifies Formula for Calculating Payment of Meal, Rest, and Recovery Break Premiums

7.30.21

View All
  • Contact Us
  • Terms of Use
  • Cookie Policy
  • Privacy Policy
  • Request Personal Data Information

Allen Matkins Leck Gamble Mallory & Natsis LLP. All Rights Reserved.

Facebook
LinkedIn
Twitter
Instagram

This publication is made available by Allen Matkins Leck Gamble Mallory & Natsis LLP for educational purposes only to convey general information and a general understanding of the law, not to provide specific legal advice. By using this website you acknowledge there is no attorney client relationship between you and Allen Matkins Leck Gamble Mallory & Natsis LLP. This publication should not be used as a substitute for competent legal advice from a licensed professional attorney applied to your circumstances. Attorney advertising. Prior results do not guarantee a similar outcome. Full Disclaimer