Workplace Health & Safety and Employee Rights during COVID-19: A Comprehensive Guide
This material discusses important topics such as workplace health and safety, employee rights, possible workers' claims, wage and hour claims, other claims related to health and safety, benefits, and collective action and retaliation. It also provides guidance on what to do if you're not a lawyer when facing legal issues. Additionally, it includes publicly available information related to COVID-19 from the State Labor & Workforce Development Agency (LWDA).
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ELL CO-ENROLLMENT PILOT PROJECT COP: WORKPLACE HEALTH & SAFETY AND EMPLOYEE RIGHTS DURING COVID-19 October 2020
Welcome State, TA and Evaluation Teams ELL Co-Enrollment TA and Evaluation Team CWA: Ursula Bischoff IRC: Amber Shevin SPRA: Renatta DeFever, Kate Dunham State Partners CLWDA: Farmworker Liaison and Immigrant Services Sebastian Sanchez, Associate Secretary for
Agenda Workplace Health & Safety and Employee Rights during COVID-19 Open Q&A Collaborative Discussion on Supporting Workers during COVID-19 Next Steps
Possible Workers Claims Wages and Hours of Work Health and Safety Conditions at Work Collective Action and Retaliation Benefits Available if Cannot Work
What are Wage and Hour Claims? WAGE THEFT Tips withheld or distributed to managers Sent home with no pay Multiple shifts in one day separated by more than an hour Not paid all wages due when employment ends Unlawful Deductions Not paid for all hours of work Not paid the minimum wage Not paid overtime Not paid on time Not provided proper meal period (timing and length)
Other Claims Health and Safety: Benefits: Unemployment Real and Apparent Hazardous Risks State Disability Insurance Lack of Training Paid Family Leave Lack of Protective Gear Workers Compensation Injuries during work Collective Action and Retaliation: Termination Pay Reduction Shift Change Change in Duties
I am not a lawyer, what can I do? 1. Check publicly available information A. State FAQs B. Legal Services Groups 2. Refer to experts A. State Enforcement Agencies B. Legal Services Organizations
COVID-19 Publicly Available Information from the State A. Labor & Workforce Development Agency (LWDA): https://www.labor.ca.gov/coronavirus2019/ Aggregates all the materials from the Labor Commissioner s Office (LCO), Division of Occupational Health and Safety (DOSH), Division of Workers Compensation (DWC), Employment Development Department (EDD), Agricultural Labor Relations Board (ALRB) B. Specific FAQs Unemployment: https://www.edd.ca.gov/about_edd/coronavirus-2019/faqs.htm Labor Commissioner s Office: Paid Sick Leave: https://dir.ca.gov/dlse/FAQ-for-PSL.html Generally: https://dir.ca.gov/dlse/DLSE-FAQs.html Cal/OSHA Health and Safety at Workplace during COVID-19 FAQs : https://dir.ca.gov/dosh/coronavirus/FAQs.html Division of Workers Compensation Basics: https://dir.ca.gov/dwc/InjuredWorker.htm
COVID-19 Publicly Available Information from Trusted Legal Services Orgs A. The Workers Guide: https://www.centrolegal.org/wp-content/uploads/2020/10/The- Workers-Guide_-Your-Rights-During-Coronavirus-COVID-19- October-2-2020.pdf Addresses the most frequently asked questions posed by workers. Regularly updated. B. Legal Aid at Work: Fact Sheets: https://legalaidatwork.org/fact-sheets/ Do-It-Yourself Guides and Templates: https://legalaidatwork.org/do-it-yourself-sample- letters-toolkits-and-guides/
More Questions? Possible Claim? Refer to a State Office 1. Labor Commissioner s Office: https://dir.ca.gov/dlse/DistrictOffices.htm Cal/OSHA Complaint Line: https://dir.ca.gov/dosh/Complaint.htm Division of Workers Compensation: https://dir.ca.gov/dwc/FileAClaim.htm. Employment Development Department: https://askedd.edd.ca.gov/ 2. 3. 4.
More Questions? Possible Claim? Refer to a State Office 1. Labor Commissioner s Office: https://dir.ca.gov/dlse/DistrictOffices.htm Cal/OSHA Complaint Line: https://dir.ca.gov/dosh/Complaint.htm Division of Workers Compensation: https://dir.ca.gov/dwc/FileAClaim.htm. Employment Development Department: https://askedd.edd.ca.gov/ 2. 3. 4.
Worker Needs Help? Refer to a Legal Clinic LA County: Bet Tzedek Tulare Legal Aid At Work 559-570-1200 https://legalaidatwork.org/clinics-and-helplines/ Richmond Centro Legal de La Raza 510-437-1554, email info@centrolegal.org https://www.centrolegal.org/workers-rights/ Asian Americans Advancing Justice Asian Law Caucus (415) 896-1701 https://www.advancingjustice-alc.org/legal-clinics/ 323-939-0506 ext. 415 https://www.bettzedek.org/our-services/resources/
Peer Discussion How might your team use the resources we've just discussed to support clients? Are you already using other similar resources to support clients? How is your team engaging employers on worker health and safety? Are you seeing any specific issues around COVID health and safety in particular industries in your area?
Next Steps Evaluation Highlights Webinar Upcoming November 3rd 12:00 1:00pm Workplace Health & Safety and Employee Rights during COVID-19 Part II Engagement 16
