CFLCA Community -- This page is an assortment of information extracted from various organizations and government agencies regarding the COVID-19 virus. We will do our best to provide you with the most recent and updated information available. Data is swift-moving therefore modifications will be made on a daily basis. We advise you consult with your attorney when necessary.
Updated March 26, 2020
NEW FEDERAL PAID SICK AND FAMILY LEAVE INFORMATION
Please see the most recent press release issued today providing guidance on the new Paid Sick Leave and Expanded FMLA leave. https://www.dol.gov/newsroom/releases/whd/whd20200324. Also, please see these updated resources available below on our website:
FFCRA NEW FEDERAL PAID FAMILY LEAVE POSTERS, ENGLISH & SPANISH
Updated March 23, 2020
Updated March 20, 2020
Updated March 19, 2020
Official CA State COVID-19 Website
U.S. Department of Labor
CA Division of Labor Standards Enforcement
Wage and Hour Division
US Department of Transportation
CA Ag Attorney Advice
CFLCA COVID-19 Webinar
How does Coronavirus spread? Coronavirus generally spreads between people within 6 feet of each other through respiratory secretions, especially coughing and sneezing. It is not currently known whether the virus can be transmitted by touching a surface with the virus on it.
What can you do now? It is important for farm employers to maintain open lines of communication with their employees. Update contact information for employees if necessary and stay informed of the latest news. The Centers for Disease Control and Prevention (CDC) has also issued “Interim Guidance for Businesses and Employers to Plan and Respond to Coronavirus Disease.” The CDC recommends that employers begin implementing the following steps now:
What plans should employers put in place? The CDC also recommends that employers create response plans now that would:
Can you allow short-term telecommuting for some positions? Can you permit employees to work flexible schedules? Can you cancel some or all business travel? Have fewer in-person meetings? There is no single answer to these questions for every farm business.
Can employers require employees to undergo medical examinations? The Equal Employment Opportunity Commission has recently released guidance, “Pandemic Preparedness in the Workplace and the American with Disabilities Act,” reminding that employers may not require medical examinations under the ADA unless the medical exam is job-related and consistent with business necessity. Whether a medical exam is job-related and consistent with business necessity depends upon the situation (e.g., what are the employee’s symptoms, where has the employee been, or how might the employee been exposed, etc.) and the latest CDC guidance on coronavirus.
What actions can employers take in a pandemic? Employers can send employees home if they show coronavirus-like symptoms at work. Furthermore, employers may ask employees if they are experiencing coronavirus-like symptoms as long as they are mindful of confidentiality obligations. Finally, if an employee returns from traveling during a pandemic, an employer may ask the employee whether they are returning from a location where that individual may have been exposed to the virus.
This is an evolving issue. Employers who plan for it will be in a better position in the long run.
Source: Bryan Little, Farm Employers Labor Services