As this pandemic began to take hold in the U.S., I was the one arguing “there is no way they will shut down all of California, it just isn’t practical!”  Nearly four months later, I stand corrected (with a mightily bruised ego).  With July 4th in our sights, COVID is accelerating across the country and keeping employers on their heels in dealing with still-regular regulatory changes.  Not the least of which is the FFCRA.

California has seen two record days of 6,000+ new cases, and employers must stay on top of their obligations under the FFCRA, as well as state and local laws and regulations.  In light of this, the federal Department of Labor has launched an online tool to help workers determine whether they qualify for paid sick leave or extended family and medical leave under the FFCRA.  The tool is available here, and as of June 24, 2020, the website suggests that an employer tool is also on the way.  In the meantime, a little outside the box thinking is helpful, because employers can still run through the various “choose your own adventure” menu options to determine whether their employees are eligible.  If you want something more tangible, the Fox Rothschild Labor and Employment group has put together a chart to help guide employers through the fray in assessing employee eligibility, including both FFCRA and California-specific regulations.  (The chart can be accessed using this link:  Fox Rothschild California FFCRA Chart.)

California has always been a hotbed for employee protections, and it is more important than ever to stay on top of these issues.  Additional COVID resources are available here.  Stay safe!

And a special thank you to our very own Katherine Khazal for assisting with the California FFCRA Chart!