STATE OF CALIFORNIA
FPLG COVID-19 RESPONSE
STATE OF CALIFORNIA
[UPDATE: November 14, 2020]
California’s new system for evaluating progress in the COVID-19 pandemic has been in place since late August. According to that plan, there have been forward movements for certain counties but – most recently, in response to the worsening infection rates around the nation including California – there have been reclassifications as well from the “red” tier to the most restrictive “purple” tier. San Diego County has just moved from red back to purple effective November 14, 2020. In accordance with this designation, the County of San Diego’s public-health officer issued a new, more restrictive order.
[Update 11/16/20]: Because of the alarming rise of cases in recent days, the governor has “pulled the emergency brake” on reopenings. Effective 11/17, most of the state will revert back to the most stringent restrictions; that is, effectively move back to the “purple” tier.]
For other jurisdictions, there are state-by-state online compilations of COVID-19 related orders including protocols for phased reopenings. See, for instance: Bouncing Back: A List of Statewide Return to Work Protocols (Last updated: October 29, 2020) Littler Mendelson LLP
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[UPDATE: September 3, 2020]
This summer was marked by unfortunate (though predictable) rollbacks from the rapid (though in stages) reopening of California in May and June of 2020. Too many Californians lowered their guard and the state’s coronavirus cases spiked dramatically.
In response, Gov. Gavin Newsom announced a new system for monitoring counties and moving them back and forth to and from various levels of restriction, according to the severity of disease outbreaks.
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[UPDATE: May 25, 2020]
On May 18, 2020, Gov. Gavin Newsom announced important modifications to the Phase 2 Plan for gradually reopening California that he had announced on May 8, 2020. (The State of California has been under lock-down since mid-March with encouraging results that haven’t mimicked the overwhelming of health care facilities occurring in other locations.)
On May 25, 2020, the Governor’s Office approved the limited resumption of religious services statewide, subject to health and safety restrictions.
The new rules vary to a large extent county-by-county, with the most (current) easing occurring in the smaller, rural locales. They also vary industry by industry; some segments of the nonprofit sector are treated differently than others. These complex rules are developing.
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[April 1, 2020]
The current response to COVID-19 on the state levels involves: the Governor’s office, state departments and agencies, and the California Legislature.
The state’s central pandemic-response website is: CA.gov: California Coronavirus (COVID-19) Response.
It includes all of the official actions and declarations by Governor Gavin Newsom, as well as action and information from the state’s executive branch. As with the federal level, many California agencies are involved in this response, enforcing existing laws, regulations, and rules, and updating guidance for the current circumstances. The references listed here are just a few of the many in effect.
In mid-March, the California legislature unanimously enacted S.B. 89 which amends the budget to make a massive appropriation on account of the COVID-19 pandemic. The Legislature is in recess until about mid-April, but that date could be changed.
We are sounding the alarm. California is experiencing the fastest increase in cases we have seen yet – faster than what we experienced at the outset of the pandemic or even this summer. The spread of COVID-19, if left unchecked, could quickly overwhelm our health care system and lead to catastrophic outcomes. That is why we are pulling an emergency brake in the Blueprint for a Safer Economy. Now is the time to do all we can – government at all levels and Californians across the state – to flatten the curve again as we have done before.
— Gov. Gavin Newsom (11/16/20)
The COVID-19 pandemic has created innumerable challenges for employers around the country, not the least of which are a slew of obligations under federal, state, and local laws…. A new California law, AB 685, adds yet another set of requirements for California employers…. effective … January 1, 2021, … requiring notification of employees of potential [COVID-19] exposure ….
— Alexander Dunn, Esq. (11/10/20)
We’re going to be more stubborn this time,….This more stringent, but we believe more steady approach.
— Gov. Gavin Newsom, (8/28/20)
We recognize the conditions across the state are unique and distinctive depending where you are. The bottom line is people can go at their own pace and we are empowering our local health directors and county officials that understand their local communities and conditions better than any of us.
— Gov. Gavin Newsom, (5/18/20)
The governor stressed a major strategy in California’s battle in the pandemic is to test, trace and quarantine people with COVID-19. That tracing component has lagged behind; only 23 of 58 counties are currently conducting contact tracing.
— Hannah Hagermann, NPR (April (5/4/20)
While Californians have stepped up in a big way to flatten the curve and buy us time to prepare to fight the virus, at some point in the future we will need to modify our stay-at-home order. As we contemplate reopening parts of our state, we must be guided by science and data, and we must understand that things will look different than before.
— Gov. Gavin Newsom (4/14/20)
REFERENCES & RESOURCES
- Newsom: State ‘Pulling Emergency Brake’ on Virus Reopenings (November 16, 2020) NBC
- Official Website for California Coronavirus (COVID-19) Response (updated regularly) covid19.ca.gov.
- State Officials Announce Latest COVID-19 Facts (November 15, 2020; updated regularly) CA Dept of Public Health
- Blueprint for a Safer Economy (updated daily) State of California, covid19.ca.gov.
- AB 685 Establishes New COVID-19 Notice Requirements for California Employers (November 10, 2020) Alexander Dunn, Esq., Foley & Lardner
- Industry guidance to reduce risk (CA) (Updated November 6, 2020)
- Bouncing Back: A List of Statewide Return to Work Protocols (last updated: October 29, 2020) Littler Mendelson
- Cal/OSHA COVID-19 Guidance and Resources (October 2020) CA Department of Industrial Relations
- Responding to COVID-19 in the Workplace for Employers (Updated September 18, 2020) California Dep’t. Of Public Health & Cal/OSHA
- Coronavirus 2019 (COVID-19) Resources for Employers and Workers (current) California Labor & Workforce Development Agency
- California Releases A New Safety Handbook For Employers (July 28, 2020) Stephanie Mavromatis, Esq., et alk, Jackson Lewis PC
- California limits church capacity to 25% for reopening, adds other restrictions (May 25, 2020) Monte Morin, The Los Angeles Times
- Counties Statewide Can Reopen Places of Worship for Religious Services and Retail Stores (May 25, 2020) CA Dept. of Public Health
- COVID-19 INDUSTRY GUIDANCE: Places of Worship and Providers of Religious Services and Cultural Ceremonies (May 25, 2020) covid19.ca.gov
- When Is California Reopening? (May 21, 2020) Sona Patel, The New
- Coronavirus: Tracking California’s progress toward reopening (May 19, 2020) The Los Angeles Times
- Newsom eases California reopening rules, allowing more counties to restart their economies (May 18, 2020) John Myers et al., The Los Angeles Times
- Coronavirus forces sharp cuts to schools, healthcare in California, Newsom says (May 14, 2020) John Myers, The Los Angeles Times
- Gov. Newsom Announces California Will Begin Easing Coronavirus Closures This Week (May 4, 2020) Hannah Hagemann, NPR
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Colorado and Nevada join Western States Pact as states work on unified coronavirus strategy (April 27, 2020) Artemis Moshtaghian & Paul LeBlanc, CNN
- Governor Newsom Announces New Initiatives to Support California Workers Impacted by COVID-19 (April 15, 2020), State of California, Office of the Governor
- Governor Newsom Outlines Six Critical Indicators the State will Consider Before Modifying the Stay-at-Home Order and Other COVID-19 Interventions (April 14, 2020) State of California, Office of the Governor
- California Legislature suspends session in response to coronavirus outbreak (March 17, 2020) Hannah Wiley, The Sacramento Bee
- Governor Gavin Newsom Issues Stay at Home Order at gov.ca.gov (March 19, 2020)
- California Secures Presidential Major Disaster Declaration to Support State’s COVID-19 Emergency Response at gov.ca.gov (March 22, 2020)
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