What laws must we follow if we have more than 100 employees and, due to COVID-19, we must lay off 20 percent of our workforce?

Q&As

• What are some accommodations employers must make when employees might be impacted by stress in the workplace?
• If we bring back an employee, do we need to rehire them and fill out new hire paperwork?
• Does California law exclude any employees from state WARN Act protection?
• What are the Cal/OSHA requirements for reporting occurrences of COVID-19 in the workplace?
• Can we change our vacation policies as a result of the employees not using their time during COVID-19?
• When checking an employee’s temperature, should employers compensate workers for their time?
• If we close our company due to COVID-19, how do we give our employees their final pay?
• What are common mistakes when dealing with layoffs and plant closings?
• If our company shut down and then reopened, must an employee re-start the year requirement for FMLA?
• During the COVID-19-related “shelter in place” orders, is my business an “essential business”?
• What is the difference between furloughing and laying off employees?
• Would an employer have to automatically grant telework as a reasonable accommodation after the pandemic is over?
• If I receive notice that my employee is continuing to receive unemployment benefits even though I have requested they return to work, how do I inform EDD?
• What if an employee doesn’t want to return to work because they’re self-quarantining?
• Can we hire an employee who has an expired driver license, or other identity document, and hasn’t been able to renew it due to COVID-19?
• When can an employee who previously tested positive for COVID-19 return to work?
• Can I require an employee who previously tested positive for COVID-19 to submit a negative COVID-19 test result before returning to work?
• Can an employee refuse to return to work?
• Do we have to pay employees who have children no longer in school (due to school closures) and who are not working?
• Can employers deny vacation requests during the COVID-19 pandemic?
• What is an employer’s obligation, in a general, indoor office workplace, for following and adhering to California’s face covering mandate?
• Can an employer take an employee’s temperature before they start work?
• As an “essential” business, can we require our employees wear protective gear, such as masks, when they report to the workplace?
• What happens if I do not follow the requirements of the WARN Act?
• If I bring a furloughed employee back to work part time, what is the maximum number of hours she can work before she loses her UI benefits?
• Can we furlough employees for only a day or two per week?
• How do we pay exempt and nonexempt employees who are working remotely?
• Do we have to pay the local minimum wage rate to employees now working remotely, due to COVID-19, in a city or county with a local minimum wage?
• Are we required to notify our employees if we learn an employee tested positive for COVID-19?
• As a small employer, do we have to provide any advance notice to employees if we are going to lay them off?
• What trigger events require my company to comply with state and/or federal WARN Act provisions, and which are most open to court interpretation?