On September 28, 2020, Governor Newsom signed AB 2043, 2017, and 2992 into law. 

Assembly Bill 2043

Effective immediately, AB 2043 requires the Division of Occupational Safety and Health to disseminate information on best practices for COVID-19 infection prevention to agricultural employees. OSHA will disseminate information in both English and Spanish, will include pictograms, and also provide contact information for employees to report workplace safety complaints. 

Assembly Bill 2017

AB 2017 which prohibits employers from denying employees the right to use sick leave, nor discharge, demote, suspend, or discriminate against employees for using sick leave to attend to an illness or the preventative care of a family member. The law further allows employees, at their sole discretion, to use at least the amount of sick leave the employee would accrue in a six-month period. 

Assembly Bill 2992

AB 2992 expands employee use of sick leave if the employee is a victim of domestic violence, sexual assault, or stalking. Previously, existing law prohibited employers of 25 or more employees from retaliating or discriminating against employees from taking time off from work to seek medical attention for injuries cause by domestic violence, sexual assault, or stalking. The law now requires employers to allow employees to take time off for medical attention to injuries caused by crime or abuse, and also to obtain services from prescribed entities as a result of the crime or abuse, to obtain psychological counseling or mental health services related to an experience of crime or abuse, or to participate in safety planning and take other actions to increase safety from future crime or abuse. 

Given the continually changing legal landscape, we strongly encourage employers to reach out to Raimondo & Associates with questions regarding specific situations. We are closely monitoring these developments. Because of these frequent developments, and the need to adapt the general guidance below to specific circumstances, employers should consult counsel regarding specific circumstances. There are many nuances and fact-specific elements that make individualized legal counsel on these questions of critical importance.