Unfortunately, the Covid-19 pandemic seems as though it is here to stay, at least in the short term. As such, it is important that employees know their rights at the workplace as it pertains to Covid-19.
Pertinently, on September 17, 2020, Governor Gavin Newsom signed Assembly Bill 685 into law, enacting Labor Code section 6409.6, among other things. Labor Code section 6409.6 requires employers, within one business day of receiving notice of a potential Covid-19 workplace exposure from a “qualifying individual”, to notify employees of the exposure. The law went into effect on January 1, 2021. Here are some common questions we receive about Labor Code section 6409.6.
Q: Who is a “qualifying individual”?
A: Employers have to give notice to employees of the Covid-19 exposure when a “qualifying individual” may have been exposed to Covid-19. A “qualified individual” means any person who has any of the following;
Confirmation from a laboratory that he or she has Covid-19;
A positive Covid-19 diagnosis from a licensed healthcare provider;
An order from a public health official related to Covid-19 stating that he or she must isolate; or
A determination by a county public health department or via inclusion in the Covid-19 statistics of a county that he or she died from Covid-19.
Q: What qualifies as notice of a potential exposure to Covid-19?
A: An employer has legally received notice of a potential exposure to Covid-19 when any one of the following occurs:
A public health official or licensed medical provider notifies the employer “that an employee was exposed to a qualifying individual at the worksite”;
An employee or the employee’s emergency contact notifies the employer that the employee is a “qualifying individual”;
The employer’s Covid-19 testing process discloses that the employee is a “qualifying individual”; or
A subcontracted employer notifies the employer that a “qualifying individual” was the employer’s worksite.
Q: Upon receiving notice of potential exposure to Covid-19, who must the employer notify of the exposure and what must they say?
A: Upon receiving notice of potential exposure to Covid-19, an employer must notify:
All employees on-site at the same worksite during the infectious period:
That they may have been exposed to Covid-19;
With information regarding Covid-19 related benefits to which the employee may be entitled under applicable law including, but not limited to, workers’ compensation and available sick leave, among other things.
All employees on the disinfection and safety plan that the employer plans to implement and complete per the guidelines of the federal Centers for Disease Control.
Q: How must notice of exposure be given to employees?
A: Written notice may include, but is not limited to, personal service, email, or text message if it can reasonably be anticipated to be received by the employee within one business day of sending and shall be in both English and the language understood by the majority of employees.
Q: Must the employer notify a union?
A: Yes. Employees’ representatives must receive notice, as well, which includes union representatives.
Q: Can my employer reveal that I am the “qualifying individual”?
A: No. The employer must not reveal the name of the qualifying individual to employees as such information is protected by law.
Q: What should I do if there is a Covid-19 outbreak at my workplace?
A. If you suspect that someone at your worksite has contracted or otherwise exposed you to Covid-19, you may want to contact an attorney to discuss how you know there has been exposure, what notice has been provided to your employer, and what your employer has done to notify and otherwise protect you and other employees.
Q: Does Bibiyan Law Group handle cases for violation of Labor Code section 6409.6?
A: Yes. The attorneys at Bibiyan Law Group, P.C. are at the forefront of protecting employees from unnecessary exposure to Covid-19. Should you have any questions regarding your company’s Covid-19 safety protocols, or suspect there has been an outbreak that you were not notified about, you can call Bibiyan Law Group at 323-693-8490 to learn more about your rights and see if you have a potential case.
David Bibiyan is a distinguished attorney at Tomorrow Law™, renowned for his expertise in employment law. With a strong focus on representing employees in various workplace disputes, he has become a trusted advocate for those facing discrimination, harassment, wrongful termination, and wage and hour issues. Bibiyan’s approach is characterized by a deep understanding of both state and federal employment laws, ensuring that his clients receive knowledgeable and effective representation. His commitment to justice is evident in his dedication to each case, where he meticulously works to secure the best possible outcomes for his clients. Bibiyan’s reputation is built on a foundation of successful case resolutions, marked by his skillful negotiation and, when necessary, aggressive litigation strategies. His work at Tomorrow Law™ reflects a genuine passion for defending workers’ rights and promoting fair employment practices.
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