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COVID-19 California Employment Law Questions & Answers
1 Answer | Asked in Criminal Law, Employment Law and Landlord - Tenant for California on
Q: Manager @ CA Regional RV Park covered up an employee Cov-19 OUTBREAK. Endangering 200+ residents. This can’t be legal!

Manager hosted internal company party while gov. ordinances, i.e. “no social gatherings” were in full effect. Masks not enforced. 9 employees contracted Covid-19 at this party.

Facility falsely reported only ONE Covid positive case.

Employees were laid-off for a month to... View More

Dale S. Gribow
Dale S. Gribow
answered on Jun 9, 2021

more info needed.

you can always petition or sue for anything.......whether you can get a lawyer to take the case on a contingency AND collect anything is another story.

i would think contacting the owner of the establishment would make the most sense.

2 Answers | Asked in Employment Law and Gov & Administrative Law for California on
Q: I am a federal government employee. I am being forced to wear a mask because I will not get the COVID-19 "vaccination"

Wearing the cloth masks required do not prevent the COVID-19 virus from being breathed in. What legal grounds justify I wear something that does not protect me

Neil Pedersen
Neil Pedersen
answered on May 18, 2021

As an employee you must comply with the dress code and uniform requirements of your employer. If the your employer required you to wear foil hats to prevent alien intrusion into your brain, you wear the aluminum hat. That is the nature of the employer-employee relationship. You do not get to... View More

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1 Answer | Asked in Employment Law for California on
Q: Am I entitled to COVID sick leave pay if I was dr-exempted from work but I quit 2 wks BEFORE the new law came out?

i was off work accordingly to my doctor's exemption note from 1/21/21 - 2/11/21. I went back to work from 2/12/21 until about 3/10/21 which was my last day. The new 2021 covid law came out 3/29/21. Do I still get paid for my sick covid?

Neil Pedersen
Neil Pedersen
answered on May 17, 2021

That is unlikely. The new law would have covered you if you had to miss work due to doctor ordered quarantine but because you quit before the law went into effect, you are not going to be eligible. Good luck to you.

1 Answer | Asked in Employment Law for California on
Q: I’m being terminated at my job because I got a covid19 test at a medstat clinic for taking time off with flu-like sympt

I’m being fired because I didn’t inform them medstat had made me take a Covid test. Took my test 3/16, informed boss of positive results 3/22 when they came in.

Neil Pedersen
Neil Pedersen
answered on May 7, 2021

You have asked no question. If you are wondering if it is lawful for your employer to terminate you because you did not disclose that you were having flu-like symptoms until 6 days later after you got the test results, the answer is yes. In this pandemic, employers have the awesome responsibility... View More

1 Answer | Asked in Employment Law for California on
Q: Can I sue my manager for hipaa violation?

I took a covid test and my manager sent me a text saying she “snuck on the covid site and seen my results” without me asking her to do so.

Neil Pedersen
Neil Pedersen
answered on May 4, 2021

No. HIPAA is a medical provider and insurer statute, not an employer statute. However there are laws that protect an employee's medical privacy. That said, in today's climate there is nothing unlawful about an employer knowing your status as infected or not with the virus. Anyway, the... View More

1 Answer | Asked in Employment Law and Health Care Law for California on
Q: Is it legal for an employer to terminate you if you’re dying at the hospital?

My father is being hospitalized from COVID and his prognosis is grim. It’s likely he will not be returning to work indefinitely. I need to update his address on file to my address as he no longer lives at the house he was renting. I have to go through the HR department at his work in order to... View More

Neil Pedersen
Neil Pedersen
answered on Mar 1, 2021

An employer can lawfully terminate an employee who is out on leave if the leave is indefinite and there is no communication to the employer that suggests additional unpaid leave would allow the employee to return to work within a reasonably defined period of time. If he is terminated and dropped... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Employment Law for California on
Q: Is there any legal standing for harassment protection from being forced to wear a face mask as condition of employment?

I am being forced to wear a mask at my desk. I already got covid and recovered in a couple of days.

Louis George Fazzi
Louis George Fazzi
answered on Feb 23, 2021

The short answer is no. Even though you were fortunate to recover from Covid-19, you can still spread the virus to others. Your employer is most likely required by your county health department to continue requiring all employees to wearing a mask if you are otherwise in an indoor, office setting... View More

3 Answers | Asked in Employment Law and Workers' Compensation for California on
Q: My friend's boss was covid positive last week Thursday, but he showed up to work today on Monday. He won't leave too.

How can she protect herself and her co-workers and does she have a legal case?

Ina Shtukar
Ina Shtukar
answered on Feb 9, 2021

Interesting scenario! If your fried becomes sick (only if she becomes sick), she would probably have a cause of action under the workers' comp act. Many states now have a presumption for COVID, which makes it work related and compensable. However, based on the fact that the boss was aware of... View More

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1 Answer | Asked in Employment Law and Real Estate Law for California on
Q: Do 1099 contractors have rights regarding possible COVID exposure?

I’m a photographer (1099 contractor) for a real estate business in California that makes virtual tours using business owned equipment. I have done nearly 50 listings, mostly residential, spanning the last 7 months.

In many instances, not all, the listing has been vacant and I signed... View More

Neil Pedersen
Neil Pedersen
answered on Jan 30, 2021

An independent contractor's rights and duties are defined by the contract between you and the other party to the contract. For the most part, laws enacted to protect employees will not protect independent contractors, with some exceptions. Whether your contractual partner can force you to... View More

1 Answer | Asked in Employment Law for California on
Q: My employer wants me to come back to work after I have worked at home for over two years. Can I refuse with cause?

I have been working from home for over two years. My employer made it possible by getting me a laptop to use at home. I live 72 miles from my workplace which is one of the key reasons. Now, they want me to come back. The original agreement was verbal and set up by my supervisor, his boss and the... View More

Neil Pedersen
Neil Pedersen
answered on Jan 28, 2021

Unfortunately, prior arrangements, prior agreements and a ten year seniority provide you with legal basis for working from home. Generally, an employer can require employees to work wherever the employer wants them to work. The only real exception to that general rule is if the employee has a... View More

2 Answers | Asked in Employment Discrimination, Employment Law and Personal Injury for California on
Q: Can I get fired for contracting Covid -19? Does my employer have the right to refuse me hours since I became ill?

I work for a small business of less than 10 employees. I contracted covid over a month and a half ago. Initially my employer told me to take two weeks off, then told me to take the rest of December off and they would schedule me for more hours in January. Then Jan came and they told me they... View More

Neil Pedersen
Neil Pedersen
answered on Jan 14, 2021

No one here can know if you are going to be fired. As to what your options could be, it would be important to know if you work for an employer that has at least 5 employees. If not, there is little you can do. If yes, then you are protected by the Fair Employment and Housing Act, which may give... View More

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1 Answer | Asked in Employment Law for California on
Q: Hi my question is my jobs hr department made me take a covid 19 test and would not let me return until I got result do

I get paid for the time off from work ? I missed 3 days of work and results came back negative and they are refusing to pay me for the lost hours

Neil Pedersen
Neil Pedersen
answered on Jan 12, 2021

Prior to January 1, 2021, the federal FFCRA provided for payment when you were required to stay home due to Covid. However that law ended at the end of last year. Absent that law, your employer has no duty to pay you for time you are not working, even if they have refused to allow you to return... View More

1 Answer | Asked in Employment Law for California on
Q: I was recently hired by a company based in California for remote work. Will I be drug tested on my first day?

I have read california law requires that drug test policies be in writing or on the application. I start tomorrow but haven't heard anything about if or when a pre-employment test may occur. Also, are companies still doing drug testing at labs during the pandemic?

Neil Pedersen
Neil Pedersen
answered on Jan 11, 2021

Drug testing is still being done at labs in most cases. Whether you will be drug tested on the first day or not will depend on the employer. Only some companies are required to blood test at the outset of employment. If you are in one of those companies, you should be notified ahead of time,... View More

1 Answer | Asked in Employment Law for California on
Q: I have a EDD Question regarding unemployment payment after quitting due to the pandemic

Hi, I have a question regarding Unemployement. I was laid off on 07/2019 and received unemployment until January 2020 when I exhausted all the benefits. I found a full time job and worked in March only. I quit on April 1st due to the pandemic reasons where my dad got sick and he isolated himself... View More

Neil Pedersen
Neil Pedersen
answered on Jan 8, 2021

It is not possible to know if you will be subject to a reimbursement action by the EDD without knowing more. If you truthfully reported your status while receiving benefits, then it is unlikely you will be subject to a reimbursement action. If you did not fully disclose information to the EDD... View More

2 Answers | Asked in Employment Law for California on
Q: Am I eligible for leave? Can I get unemployment or disability on a leave? Can they fire me?

I live with my husband and his mother. She is returning home from the ICU with covid 19. She is still presumed positive. We were told by her doctors that she can not be exposed to outside germs as her immune system is extremely weak. I am a teacher of preschoolers who does not wear a mask. My work... View More

Neil Pedersen
Neil Pedersen
answered on Jan 6, 2021

Get a doctor's note from her doctor explaining the situation and that you need time off for a defined period of time as an accommodation. Provide that note to your employer. If you work for an employer of at least 5 employees, unless providing that leave for a defined period of time would... View More

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1 Answer | Asked in Employment Law for California on
Q: Can my staffing agency steal my personal relationship with a company, forcing me to go through them upon hire?

The staffing agency, of which I have been employed with for some time, has not been able to keep me working consistently. Therefore, I applied at a company whom had been trying to get me to come aboard for some time. The relationship I have with the company is completely independent of the agency,... View More

Maurice Mandel II
Maurice Mandel II
answered on Dec 23, 2020

The answer is: "It depends." and what it depends on is probably the contract between the staffing agency and the company. The staffing agency cannot enforce a non compete clause against you the employee, barred by statute, but they can enforce clauses against the companies that hire... View More

2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: how long do i have to wait to receive my last paycheck after my boss verbally tells me to not come back to work anymore?

My boss thinks that i am involved in the theft of a company truck, which, of course, i am not. He has openly accused me and verbally threatened me with violence in front of other employees until finally telling me not to come back to work. The theft occurred about a week before i was told to not... View More

Neil Pedersen
Neil Pedersen
answered on Dec 20, 2020

If you work for a non-governmental employer in California, you are to be given you final wages on the day you are terminated. If your employer willfully refuses to provide you final wages on that day, you are entitled to Waiting Time Penalties equal to on day of pay for each day you are made to... View More

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3 Answers | Asked in Employment Law for California on
Q: I am worried for my safety and my retail job due to heavy shoplifting and my work has done nothing.

I work at well known make up retailer. We have people coming in to steal every day and our company does nothing to stop it. We are forced to let them in, watch the harass customers and employees, and feel in danger the whole time. This has caused me severe emotional distress. With covid, we keep a... View More

Haleh Shekarchian
PREMIUM
Haleh Shekarchian
answered on Dec 17, 2020

You could make a psych worker’s compensation claim. You should report it to your supervisor and hire a worker’s compensation attorney ASAP.

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2 Answers | Asked in Employment Law for California on
Q: Can u get ssi and work for your self on the side and get pay cash?

I all so get ssi 1200 a month and I give rides/ caretaker and due to covit I lost money I make like 400 a month I work for my self they pay me cash . I collect epidemic unemployment . but I didnt file taxes . will I get in trouble?

Neil Pedersen
Neil Pedersen
answered on Dec 10, 2020

Will you get in trouble? Unknown. Can you get in trouble? Absolutely.

You are committing both government benefit fraud and tax evasion - both crimes.

Good luck to you.

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2 Answers | Asked in Employment Law for California on
Q: Can an employer reduce the dollar value of pto already earned after reducing salary?

I had accured over 120 hours of pto at my previous wage but after covid the company reduced our salary and stated that all pto earned at the previous salary will be valued at the reduced salary rate.

Maurice Mandel II
Maurice Mandel II
answered on Nov 19, 2020

Once wages are earned the employer cannot take them back or require the employee to agree to a reduction. There are specific statutes in the Labor Code that prohibit this. Your PTO is considered a part of your wages, therefore, the dollar value is as of the date it is earned, not the date they... View More

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