COVID-19|May 19, 2021
The Coronavirus (COVID-19) has created concerns for business owners. Cavignac is here to help. Below you will find resources that will support your efforts to stay informed so that you can educate and protect your employees and business.
This page will be updated weekly so check back for the latest resources. Should you have any questions, please don’t hesitate to reach out.
Coronavirus Updates & Communication:
On May 13th, the U.S. Centers for Disease Control (CDC) announced updated guidance regarding face masks. CDC guidelines now reflect that fully vaccinated people no longer need to wear masks in many indoor or outdoor settings. Although the CDC is no longer recommending that fully vaccinated people wear masks in many situations, many states and local governments have stricter measures which businesses must continue to follow.
California continues its statewide mask mandate. Recently, Governor Newsom announced that some restrictions may be lifted on June 15th, and specifically stated the face covering mandate would be addressed at that time. However, it is likely some mask guidelines and mandates may continue either at the state or local level. Cal/OSHA Emergency Temporary Standards (ETS) require workers to wear face coverings when in the workplace. On May 20th the Cal/OSHA’s Standards Board will vote on proposed changes that will modify the current standards by eliminating some of the requirements imposed on employers for vaccinated workers.
Posted Date: 05/19/2021
On March 19, 2021, Governor Newsom signed new legislation (Senate Bill 95) that requires employers to provide additional paid sick leave of up to 80 hours (10 days) for employees who cannot work or telework due to COVID-19 related reasons.
Posted Date: 3/24/2021
As the distribution of COVID-19 vaccines expands, employers are wondering whether they can mandate employees be vaccinated. While there are potential public health benefits to this approach, there are several issues to consider before implementing any vaccination-related policies.
Posted date: 02/03/2021
On 12/16/2020, the U.S. Equal Employment Opportunity Commission (EEOC) posted updated guidance regarding the COVID-19 pandemic: What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws. Including a new section, "K. Vaccinations", this provides information on how COVID-19 vaccines interact with the legal requirements of the Americans with Disabilities Act (ADA), the Genetic Information Nondiscrimination Act (GINA), and Title VII of the Civil Rights Act of 1964.
The EEOC regularly updates its Technical Assistance Questions and Answers page. We will continue to provide updates as they come, and also encourage you to review this page periodically to remain informed of changes impacting your business.
Posted date: 12/21/2020
2020 has been quite the year, but not the type of year anyone had in mind. Remote work from home, face coverings, and social distancing has become the new normal. In this unprecedented time, there is one thing California employers can count on: new California labor and employment-related legislation! In this webinar, Cavignac welcomes presenters Iris Kristoff and Brad Lebow, attorneys at Dunn DeSantis Walt & Kendrick, LLP, as they summarize the key labor and employment laws that take effect on January 1, 2021. Each attorney will also provide insight on steps to take in preparing for these changes.
If you would like to obtain AB 685 Employee Notice templates, please contact Cavignac's Risk Control Coordinator.
Posted date: 12/07/2020
On November 30, 2020, the Department of Industrial Relations' (DIR) Occupational Safety and Health Standards Board's emergency regulations to protect workers from hazards related to COVID-19 went into effect. The standards apply to most workers in California. The regulations require that employers implement a site-specific, written COVID-19 prevention program to address COVID-19 health hazards, correct unsafe or unhealthy conditions, and provide face coverings. When there are multiple COVID-19 infections or outbreaks at the worksite, employers must provide COVID-19 testing and notify public health departments. The regulations also require accurate recordkeeping and reporting of COVID-19 cases.
Click here to learn more about the emergency regulations and available resources provided by the DIR.
Posted date: 12/03/2020
The Centers for Disease Control and Prevention (CDC) announced an update on quarantine guidelines, shortening quarantine periods. Although the CDC still recommends a 14-day quarantine as the safest option, California employers must adhere to the new Cal/OSHA Prevention Program regulations regarding quarantine periods.
Posted date: 12/03/2020
The common cold, flu, and COVID-19 are all caused by viruses that affect your respiratory system, and all three illnesses share certain symptoms. Learn more about the similarities and differences between the three illnesses with this infographic. Due to the overlap between the illnesses' symptoms, employees should be reminded to wear their facial covering when others are around, maintain 6 feet of distance from others, wash their hands regularly, and stay home if they begin to exhibit symptoms.
Posted date: 10/08/2020
Existing regulations require employers to identify hazards in the workplace and implement effective control measures to protect employees. These include recognized health hazards such as COVID-19.
Posted date: 07/23/2020
Tuesday, July 13th, Governor Gavin Newsom announced new restrictions for counties in the state’s watchlist. Effective immediately, all counties must close indoor operations in the following sectors: dine-in restaurants, wineries and tasting rooms; movie theaters; family entertainment centers; zoos and museums; and cardrooms. Bars, breweries, and pubs must close all operations—both indoor and outdoor— across the state. Additionally, Governor Gavin Newsom mandated several other industries shut down unless they can be modified to operate outside or by pick-up.
Posted date: 07/14/2020
The Centers for Disease Control (CDC) have added three new coronavirus symptoms to the growing list.
Posted date: 06/26/2020
On June 17th, 2020, the California Insurance Commissioner issued a Decision regarding the Workers’ Compensation Insurance Rating Bureau of California’s (WCIRB’s) July 1, 2020 Special Regulatory Filing, which contained proposals to address the coronavirus disease 2019 (COVID-19) pandemic and was submitted by the WCIRB to the California Department of Insurance (CDI) on April 20, 2020.
Posted date: 06/19/2020
On Tuesday, June 9th, Cavignac & Associates partnered with Employment Labor Attorneys Iris Kristoff and Bradley Lebow from Dunn, DeSantis, Walt & Kendrick LLP to present an informative webinar answering the many questions on employers’ minds regarding Safe Reopening compliance. Topics included required employee communication and education, temperature checks, safety protocols, responding to employees with positive tests, worker’s compensation claims, calling back furlough or laid-off workers, and PPP loan forgiveness.
Posted date : 06/10/2020
COVID-19 Employee Training Presentation – California: This presentation is designed to educate employees on the signs and symptoms of COVID-19, and when to seek medical attention. It also details how COVID-19 spreads, and ways employees can protect themselves and others. Furthermore, it includes placeholders employers can use to educate employees on workplace procedures related to personal hygiene, social distancing, sanitization, and similar precautionary measures.
Employer Presentation – Returning to Work Post-COVID-19: Employers can use this presentation to educate employees on their post-coronavirus return to work action plan. Note: This presentation requires customization before use.
Posted date: 06/10/2020
The President signed the Paycheck Protection Program Flexibility Act of 2020 on June 5th. This Act covers important changes to the requirements for forgiveness under Paycheck Protection Program (“PPP”) Loan, and offers further clarification on eligible expenses and FTE employee reduction to your loan forgiveness.
Posted date: 06/05/2020
Congress has passed the Paycheck Protection Program Flexibility Act of 2020, which is a bill that provides borrowers with greater flexibility in spending Paycheck Protection Program funds without compromising forgiveness eligibility. Learn more by reviewing this brief article: Congress Passes Bill Amending Paycheck Protection Program.
Posted date: 06/05/2020
Occupational Safety and Health Administration (OSHA) has issued two revised enforcement policies to ensure employers are taking action to protect their employees. These relate to Federal OSHA regulations, not specific state plans.
Posted date: 5/27/2020
The County of San Diego has laid out specific measures applied to businesses allowed to open as part of the Safe Reopening Plan. Businesses need to complete the County’s Safe Reopening Plan, print and post it at their entrance.
Posted date: 5/21/2020
Big relief was finally issued by the U.S. Department of the Treasury that issued guidance that clarifies how the Small Business Administration (SBA) will consider a borrower’s required good-faith certification related to the necessity of the borrower’s PPP loan request. FAQ #46 was issued on May 13 that provides; “Any borrower that, together with its affiliates, received PPP loans with an original principal amount of less than $2 million will be deemed to have made the required certification concerning the necessity of the loan request in good faith.”
Posted date: 5/15/2020
On May 6th, 2020 California Governor Gavin Newsom issued an Executive Order establishing a time-limited presumption that COVID-19 contracted by employees working outside their homes is work related. The presumption has several limitations, including that sick leave benefits must be exhausted before workers compensation disability benefits will be paid, that diagnosis must be made by a licensed doctor or surgeon and confirmed via testing, and that the employee must have worked at least one day outside his or her home between March 19 and July 5, 2020.
Posted date: 5/08/2020
The state of California and the country as a whole are preparing for businesses to resume physical operations as we move into Phase 2 of the of the plan to reopen post-Coronavirus. While different businesses will reopen at different stages of this process, all companies will need to understand the requirements to reopen and have in place a plan to prevent infection, respond to positive cases, and provide employees with information regarding their rights and responsibilities. Cavignac & Associates has compiled a comprehensive guide for employers on resuming operations and responding to Coronavirus in the workplace.
Posted date: 5/08/2020
Governor Newsom has issued an Executive Order establishing a rebuttable presumption that COVID 19 is work related for California employees working outside their homes, which will mean those workers are eligible for workers compensation benefits if they test positive for the virus. The order will be retroactive to March 19 and cover new cases reported within the next 60 days.
Posted date: 5/06/2020
The Coronavirus disease (COVID-19) pandemic has changed many aspects of the current workplace, and soon, employers should begin planning for what their post-Coronavirus office will look like.
Posted date: 5/06/2020
The City of San Diego is issuing new guidance for all construction, public and private, within City limits. The draft rules, which can be found HERE, will be finalized tomorrow and enforced starting on Monday.
Posted date: 4/24/2020
As the Coronavirus (COVID-19) pandemic continues to have an unprecedented effect on daily life, many business owners are looking forward to the future and a return to normalcy. However, even when stay-at-home orders are lifted and nonessential businesses are allowed to resume operations, there’s a lot for organizations to consider before they reopen their doors.
Posted date: 4/22/2020
Earlier today, in response to the impact of the Coronavirus disease 2019 (COVID-19) pandemic on California employers and workers, the Workers’ Compensation Insurance Rating Bureau of California (WCIRB) Governing Committee voted unanimously to make a special regulatory filing to the California Insurance Commissioner. The Committee’s vote authorized the WCIRB to file rule changes to the California Workers’ Compensation Uniform Statistical Reporting Plan—1995 (USRP) and the California Workers’ Compensation Experience Rating Plan—1995 (ERP).
Posted date: 4/17/2020
California’s Insurance Commissioner Ricardo Lara issued two orders this week addressing both these issues. These orders apply to among others, insurance companies and insurance brokers.
Posted date: 4/16/2020
On April 14, 2020, the Workers’ Compensation Insurance Rating Bureau of California’s (WCIRB’s) Classification and Rating Committee will consider three rule changes that WCIRB staff are recommending in response to the impact of the coronavirus disease 2019 (COVID-19) pandemic on California employers and workers.
Posted date: 4/10/2020
California employers are facing workplace safety issues related to the COVID-19 pandemic on a daily basis. On Tuesday, April 7, Cavignac & Associates partnered with Ogletree Deakins to conduct a webinar focusing on helping California employers to understand their obligations and comply with certain Cal/OSHA regulations that may apply specifically to the COVID-19 pandemic.
Posted date: 4/07/2020
The IRS has issued much awaited guidance on how employers can claim payroll tax credits for leave provided under the FFCRA. That guidance is available here.
Posted date: 4/03/2020
The current economic environment is presenting business owners with challenges they have never faced before. In order to aid business owners, the government has passed the Coronavirus Aid, Relief, and Economic Security (CARES) Act, which expands the availability of small businesses loans under Section 7(a) of the Small Business Act to include the new Paycheck Protection Program.
Posted date: 4/02/2020
At the time of this writing, the Coronavirus (COVID-19) pandemic is wreaking havoc with the physical and financial wellbeing of people around the globe. This virus is causing untold losses for individuals and businesses, with no end in immediate site. Slowing rates of new infections in China, where the first outbreak is said to have occurred, are encouraging. But the bulk of economists agree that the worst is yet to come in many parts of the world, including the United States and the rest of North America. Here are three specific ways the Coronavirus pandemic is directly impacting design and construction operations and creating potential liabilities and losses for all parties involved.
Posted date: 4/01/2020
Coronavirus (COVID-19) is having a major impact on the workplace. The April 1, 2020 webinar shares with you some general guidelines in the event your employee has symptoms or tests positive for COVID-19. Although, our current state is new territory for all, there are still regulations and compliance requirements applicable to your business. Follow the link above for the recorded version of the webinar and the PowerPoint presentation for review.
Posted date: 4/01/2020
The Department of Labor (DOL) continues to provide guidance with regards to the Families First Coronavirus Response Act (FFCRA). The latest updated document release appears to suggest that shutting down of a business, Shelter in Place, or Stay at Home orders will not qualify employees for Emergency Paid Sick Leave or Expanded FMLA. Fisher Phillips provides clarification on the latest guidance from the Department of Labor.
Posted date: 3/30/2020
During these trying times, the ability to cashflow operations should be at top of mind for most business owners. Although, the new loans will be obtainable thru December 31st, 2020, we recommend evaluating your options with your local banker now, as the SBA is being inundated with new applications daily.
Posted date: 3/28/2020
This week the U.S. Department of Labor published much-anticipated FAQs and notices related to the Families First Coronavirus Response Act (FFCRA).
Posted date: 3/26/2020
California Governor Gavin Newsom amended the shelter-in-place order to specifically exempt construction activities.
Posted date: 3/20/2020
With all the information and misinformation out there regarding Coronavirus and its impact on the workplace, we want to share with you some general questions and answers in the event your employee has symptoms or tests positive for COVID-19. Although, our current state is new territory for all, there are still regulations and compliance requirements applicable to your business. The attached document will provide you with general questions and answers to assist you in better understanding your obligations.
Posted date: 3/18/2020
We are in unprecedented times. With the continuing developments surrounding the fallout from the COVID-19 pandemic, “best-in-class” contractors are focused various priorities.
Posted date: 3/17/2020
Coronavirus Client Update
Cavignac & Associates continues to monitor the developments pertaining to the Coronavirus. Beginning on Wednesday of this week we are asking all of our staff to work remotely. We have ensured that there will be no disruption in our service to you. All of our employees are fully equipped to work from home.
Posted date: 3/16/2020
On Thursday, March 5, the EDD clarified employer and employee coverage related to the coronavirus disease, also known as COVID-19. The additional support comes one day after Governor Gavin Newsom declared a state of emergency as part of California’s response to the coronavirus. Covered employees may be eligible to file State Disability Insurance (SDI), Paid Family Leave (PFL), or Unemployment Insurance (UI) Work Sharing Program for employers experiencing a slowdown due to the coronavirus.
Posted date: 3/11/2020
Templates, Policies and Tools:
- COVID-19 Policy Sample
- Temporary Emergency Coronavirus Leave Policy
- EDD Resources for Employers and Employees
- Remote Work Employer Toolkit
- Sick with Coronavirus Guidance
- Change in Relationship Status Notice
- Compliance Considerations for Employers
- IRS Issues Guidance on Tax Credits for Coronavirus (COVID-19) Paid Leave
- CDC’s Updated Return-to-Work Standards May be Helpful to Businesses
- Notice of Pay Reduction to All Employees
- COVID-19 Essential Business Letter
- FFCRA Leave Request Form
- Easing Employee Stress Surrounding the Coronavirus Pandemic
- Employer’s Guide to COVID-19
- Federal Agencies Issue COVID-19 Relief for Employee Benefit Plans
- Reopening the Workplace- The Employer’s Guide to COVID-19
- PPP Loan A Surety’s Perspective – Letter to our Surety Clients
- Employee COVID-19 Screening Questionnaire
- COVID-19 Resource Directory
- Understanding Furloughs and Layoffs
- Coronavirus Bill Requiring Paid Employee Leave Signed Into Law
- Interim Guidance for Businesses and Employers to Plan and Respond to Coronavirus
- Balancing Work from Home and Caregiving Responsibilities
- Engaging Remote Employees During the Coronavirus Pandemic
- CARES Act Employment Update
- An Employers Step by Step Guide to Tax Credits for Paid Leave
- Top 10 Things Employers Need to Know about DOL’s New COVID-19 Rulesv
- COVID-19 Furlough Letter
- Sample Communication of Infection/Exposer in the Workplace
- COVID-19 Agent and Contractor Communication
- Overcoming Loneliness During the COVID-19 Pandemic
- Mental Well-being During Quarantine
- Safe Reopening Plan (SRP) Template
- How to Best Prepare and Properly Maximize Your PPP Loan Forgiveness
- Reopening Workplaces During COVID-19 Chart
- Preparing for a Second Wave of COVID-19
Government Quick Links:
- CDC Coronavirus
- OSHA COVID-19
- California Department of Fair Employment Housing
- Families First Coronavirus Response Act Poster
- Cal-OSHA California Workplace Guide to Aerosol Transmissible Diseases
- Updated Cal-OSHA COVID-19 Infection Prevention in Construction
- Cal-OSHA COVID-19 Industry Guidance for Construction
- Department of Labor
- IRS Coronavirus Tax Relief
- Coronavirus 2019
- California Department of Industrial Relations
- US Chamber of Commerce Coronavirus Emergency Loans
- Los Angeles Building and Safety Announcement
- County of San Diego Safe Reopening Plan Memo
- Paycheck Protection Program (PPP): Loan Forgiveness Application
*Additional resources and updates to come...
DISCLAIMER FOR CORONAVIRUS: Any statements contained herein relating to the impact or the potential impact of Coronavirus/COVID-19 on insurance coverage or any insurance policy is not a legal opinion, warranty or guarantee, and should not be relied upon as such. Guidance contained herein regarding workplace safety, labor law and benefits, and personnel actions are for informational purposes only and are presented from an insurance perspective. Cavignac & Associates is not able to render legal advice or to make coverage decisions. Given the on-going and constantly changing situation with respect to the Coronavirus/COVID-19 pandemic, any discussions that might take place may not necessarily reflect the latest information regarding recently-enacted, pending or proposed legislation or guidance that could override, alter or otherwise affect existing insurance coverage. At your discretion, please consult with an attorney at your own expense for specific advice in this regard.
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By Jeff Cavignac
President CPCU, RPLU, ARM