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3 New Bills Employers Need to Know About

Posted by: Kim Gusman, President & CEO on Wednesday, September 30, 2020

Previous Governors have waited until the last minute before knowing what new legislation we would have for the coming year. That's not the case this year. On September 17, 2020, Governor Newsom signed one bill which went into effect immediately and two other bills which will significantly impact California employers in 2021. Here's what you need to know.

SB 1159 — COVID-19 Outbreaks at Work — Effective Now!

Senate Bill 1159 was signed on September 17, 2020 and immediately went into effect. This bill is retroactive back to July 6, 2020. SB 1159 applies to all workers in California and expands workers' compensation access to front line workers, and employees exposed to COVID-19 during a workplace "outbreak."

Police officers, firefighters, and health care workers — including janitors in contact with COVID-19 patients — are eligible if they get infected while on the job. All other workers are eligible for WC if their workplace experiences an "outbreak."

An "outbreak" is defined as:

• Four or more infected employees who work at the same location within a two-week period, for employers with 5 to 100 employees.
• At least 4% of employees working in the same location being infected in a two-week period, for employers with more than 100 employees.

The rules for first responders and health care workers are permanent. While the rules for all other employees are effective through January 1, 2023. (Yes, 2023!)

Bottom Line for Employers: When there is a 14-day workplace outbreak, there is also a rebuttable presumption that employees who test positive were infected at work. Employees do not have to prove they were infected on the job to get benefits. In order to deny coverage, an employer must prove their employees did not get the virus while on the job.

AB 685 — One-Day Workplace Notifications re: COVID-19

Effective January 1, 2021, Assembly Bill 685 requires employers to notify employees of potential COVID-19 exposures in a timely manner. Under AB 685, once an employer learns that an employee or a subcontractor's employee has tested positive for COVID-19 (or been ordered to self-isolate for 14 days), they must provide written notice within one business day to other employees who worked at the same job site. The notice must contain information about what COVID-19 related benefits the employee is entitled to under federal, state, and local laws, and the employer's disinfection and safety plan. Employers are required to keep a copy of all notices provided to employees for three years. Finally, AB 685 requires employers to notify local public health agency officials within 48 hours that an employee has tested positive for COVID-19.

Bottom Line for Employers: Written notices are due to employees within one business day after you are notified that an employee contracted COVID-19, and records must be retained for three years. Public health agencies must be notified of a COVID-19 case within 48 hours.

SB 1383 — Expands CFRA to Employers with 5 or More Employees

Effective January 1, 2021, Senate Bill 1383 expands the California Family Rights Act's (CFRA) leave protections to more employees. SB1383 requires employers to provide 12 weeks of CFRA leave to all employees who provide reasonable notice and a qualifying reason for leave. Employees will still need to meet eligibility requirements, including 12 months of service and 1,250 hours worked for the employer in the previous 12-month period, to qualify for family and medical leave. However, SB 1383 contains many significant changes:

1. Small employer alert! Previously, the CFRA applied to employers with 50 or more employees. Now, it applies to all employers with 5 or more employees.
2. Expands the definition of family member. Previously, leave to care for a family member was limited to an employee's child, parent, spouse, or domestic partner. Now, an employee can also obtain CFRA leave to care for a grandparent, grandchild, or sibling.
3. Both parents get CRFA. Previously, employers who employed both parents of a child were permitted to grant a combined total of 12 weeks of leave. The new law requires an employer to grant up to 12 weeks of leave to each employee.
4. Qualifying exigency. SB 1383 requires employers to provide up to 12 weeks of unpaid job-protected leave during any 12-month period due to a qualifying exigency related to the covered active duty or call to covered active duty of an employee's spouse, domestic partner, child, or parent in the Armed Forces of the United States.
5. Removes the "key employee" exception to reinstatement. SB 1383 no longer permits employers to refuse reinstatement of "key employees" under qualifying circumstances.
6. Revokes the New Parent Leave Law (NPL) which provided 12 weeks of job-protected leave for employees to bond with a new child. NPL currently applies to employers with 20-49 employees and will expire on January 1, 2021.

Bottom Line for Employers: Update your 2021 Employee Handbook regarding the new CFRA rights if you have 5 or more employees. If you have 50 or more employees and are covered by the federal Family Medical Leave Act, ensure you know the difference for eligibility and how they may impact your workforce.

News Release September 29, 2020 For Immediate Release (916) 210-6000 agpressoffice@doj.ca.gov Attorney General Becerra Issues Consumer Alert on Price Gouging Following State of Emergency Declarations in Del Norte, Los Angeles, Mendocino, Napa, Shasta, and Sonoma Counties SACRAMENTO – California Attorney General Xavier Becerra issued a consumer alert following the Governor’s declaration of a state of emergency for the counties of Napa, Shasta, and Sonoma due to fires. Additionally, on September 25, the Governor declared a state of emergency for the counties of Del Norte, Los Angeles and Mendocino due to various fires which have burned thousands of acres, destroyed homes and caused the evacuation of residents. Attorney General Becerra reminds all Californians that price gouging during a state of emergency is illegal under Penal Code Section 396. “Multiple fires burning throughout the state have forced evacuations for thousands of California residents. During this difficult time, they shouldn’t have to worry about whether they’re being illegally cheated out of fair prices,” said Attorney General Becerra. “Our state’s price gouging law protects people impacted by an emergency from illegal price gouging on housing, gas, food, and other essential supplies. I encourage anyone who has been the victim of price gouging, or who has information regarding potential price gouging, to immediately file a complaint with our office online at oag.ca.gov/report, or to contact their local police department or sheriff’s office.” California law generally prohibits charging a price that exceeds, by more than 10 percent, the price of an item before a state or local declaration of emergency. This law applies to those who sell food, emergency supplies, medical supplies, building materials, and gasoline. The law also applies to repair or reconstruction services, emergency cleanup services, transportation, freight and storage services, hotel accommodations, and rental housing. Exceptions to this prohibition exist if, for example, the price of labor, goods, or materials has increased for the business. Violators of the price gouging statute are subject to criminal prosecution that can result in a one-year imprisonment in county jail and/or a fine of up to $10,000. Violators are also subject to civil enforcement actions including civil penalties of up to $2,500 per violation, injunctive relief, and mandatory restitution. The Attorney General and local district attorneys can enforce the statute. # # # You may view the full account of this posting, including possible attachments, in the News & Alerts section of our website at: https://oag.ca.gov/news/press-releases/attorney-general-becerra-issues-consumer-alert-price-gouging-following-state-17 You may view all News & Alerts on our website at: https://oag.ca.gov/news Please visit the remainder of the Attorney General's site at: https://oag.ca.gov/

On Monday, September 28^th, at noon PDT, Governor Gavin Newsom provided an update on the state’s response to COVID-19 pandemic. 

Newsom addressed the latest COVID-19 numbers.  The state's coronavirus numbers are trending down.  Specifically, he reported there were 2,955 new COVID-19 cases on September 27^th, with a 3,367 case average for the past week.  The positivity rate is down to 2.8 percent in the most recent 14 day period and 2.9  percent over 7 days.  Also, hospitalizations and ICU patients continue to decline— 20 percent decrease in COVID-19  hospital admissions over the past 14 days and 21 percent decrease in COVID-19 ICU admissions over the past 14 days. 

Tomorrow (and every Tuesday), Secretary of the California Health and Human Services Dr. Mark Ghaly will provided an update on how counties are faring under the state’s reopening framework.  Recall, there are 4 colored tiers - widespread is purple, substantial is red, moderate is orange,  and minimal is yellow.  

Previously, based on the last update, the California county tier status stood as follows:

­         PURPLE: 25 counties

­         RED: 19 counties

­         ORANGE: 11 counties

­         YELLOW: 3 counties

“We anticipate some more counties tomorrow moving into yellow tiered status," said Newsom.  "This means...more and more opportunity to modify our conditions as it relates to business activity." 

Newsom did express some caution regarding the latest COVID-19 trendlines.  Since the state’s peak, California has seen a threefold decrease in cases.  However, he said, we are beginning to see early signs that those decreases may have slowed.  Some California regions are beginning to trend upward.

As always, Newsom closed by imploring Californians to wear a mask, physically distance, wash their hands, and minimizing mixing.  

On spending COVID-19 funding on homelessness, Newsom said homelessness remains an issue.  However, he also used the question as an opportunity to tout all of the other COVID-19 relief efforts that his Administration has been working on and pushing.

The California Department of Public Health (CDPH) has announced the most recent statistics on COVID-19.  There are now a total of 802,308 (+0.5 percent increase) confirmed positive cases and 15,587 (+0.4 percent) deaths in California.  As of September 27^th, there have been 14,333,498 tests conducted in California and reported to the California Department of Public Health.  More information regarding the most recent COVID-19 statistics can be found here. 

The https://www.covid19.ca.gov/ website is being updated continuously.  A complete list of the state’s ongoing COVID-19 response efforts can be found here.

Naomi Padron

Legislative Advocate

McHugh Koepke & Associates

1121 L Street, Suite 103

Sacramento, CA 95814

(916) 930-1993

www.mchughgr.com

On Monday, September 21^st, at noon PDT, Governor Gavin Newsom provided an update on the state’s latest COVID-19 numbers.  The state's coronavirus numbers trending are down.  Specifically, he reported there were 3,294 new COVID-19 cases on September 20^th, with a 3,417 case average for the past week.   The positivity rate is down to 3.1 percent in the most recent 14 day period and 2.8 percent over 7 days. Hospitalizations and ICU patients continue to decline— 23 percent decrease in COVID-19  hospital admissions over the past 14 days and 25 percent decrease in COVID-19 ICU admissions over the past 14 days.  Newsom did however expressed some concern about a "twindemic" of COVID-19 and seasonal flu as he cited the positive data on lower pandemic hospitalization/ICU rates.

Tomorrow, Secretary of the California Health and Human Services Dr. Mark Ghaly will provided an update on how counties are faring under the state’s reopening framework.  Recall, there are 4 colored tiers - widespread is purple, substantial is red, moderate is orange,  and minimal is yellow.  

Previously, based on the last update, the California county tier status stood as follows:

• PURPLE: 30 counties
• RED: 17 counties
• ORANGE: 9 counties
• YELLOW: 2 counties

As always, Newsom closed by imploring Californians to wear a mask, physically distance, wash their hands, and minimizing mixing.   He also previewed a Sesame Street public service announcement (PSA) featuring Oscar the Grouch encouraging children to wear masks.

The briefing concluded at 1:10 PM PDT.

The California Department of Public Health (CDPH) has announced the most recent statistics on COVID-19.  There are now a total of 778,400 (+0.6 percent increase) confirmed positive cases and 14,987 (+0.5 percent) deaths in California.  As of September 19^th, there have been 13,523,158 tests conducted in California and reported to the California Department of Public Health.  More information regarding the most recent COVID-19 statistics can be found here. 

The https://www.covid19.ca.gov/ website is being updated continuously.  A complete list of the state’s ongoing COVID-19 response efforts can be found here.

Naomi Padron

Legislative Advocate

McHugh Koepke & Associates

1121 L Street, Suite 103

Sacramento, CA 95814

(916) 930-1993

www.mchughgr.com

FOR IMMEDIATE RELEASE:	Contact: Governor's Press Office
Thursday, September 17, 2020	(916) 445-4571

Governor Newsom Signs Legislation to Protect California’s Workforce Amid the COVID-19 Pandemic 

Bills expand access to workers’ compensation and require employers to notify local officials and employees of COVID-19 outbreaks in the workplace

Watch today's worker protection bill signing here

SACRAMENTO -- Governor Gavin Newsom today signed two bills as part of his worker protection package, SB 1159 by Senator Jerry Hill (D-San Mateo) and AB 685 by Assemblymember Eloise Gómez Reyes (D-San Bernardino). SB 1159 expands access to workers’ compensation and makes it easier for first responders, health care workers and people who test positive due to an outbreak at work to get the support they need, including necessary medical care and wage replacement benefits. AB 685 ensures timely notification to employees and local and state public health officials of COVID-19 cases at workplaces. This notification will help workers take necessary precautions such as seeking testing, getting medical help or complying with quarantine directives.

“Protecting workers is critical to slowing the spread of this virus,” said Governor Newsom. “These two laws will help California workers stay safe at work and get the support they need if they are exposed to COVID-19.”  

“I thank the Governor, my colleagues in the Legislature, and the many stakeholders who worked with us on SB 1159 to improve the lives of the Californians who are working to keep our state, our economy and our communities operating. These workers help all of us meet the incredible challenges we face today,” said Senator Jerry Hill. “For more than 100 years, California has stood for worker safety. In signing SB 1159, Governor Newsom underscores and reinforces that commitment by ensuring vulnerable workers are not left out in the cold.”

“In the age of Covid-19 our essential workers risk their lives and the lives of their loved ones in our fields, hospitals, grocery stores, meatpacking plants, restaurant kitchens and countless other businesses in our state,” said Assemblymember Reyes. “COVID-19 infections and deaths disproportionately affect the Latino, Black, and Asian Pacific Islander communities. Communities that make up the majority of our state’s low-wage workers. By notifying the public and workers of potential exposures as required under AB 685 we allow workers to take appropriate steps to protect themselves and their loved ones while also bolstering the response of public health officials.”

SB 1159 (Hill) expands access to workers’ compensation by creating a rebuttable presumption for front line workers -- health care workers, firefighters and peace officers. Creating a presumption removes burdens of access to workers’ compensation for those workers who most likely got infected at work. Additionally, the bill establishes a rebuttable presumption when there is a workplace outbreak over a 14-day timeframe.

Under AB 685 (Reyes), employers must report an outbreak to local public health officials. Employers must also report known cases to employees who may have been exposed to COVID-19 within one business day. This bill strengthens Cal/OSHA’s enforcement authority by providing clear authority to close a worksite due to a COVID-19 hazard and reducing the timeframe for COVID-19 citations. 

Governor Newsom has enacted other components of his worker protection package in recent weeks. Last week, he signed AB 1867, legislation that immediately ensured access to paid sick leave for every California employee, closing gaps in federal and state law. He also advanced significant funding for worker and employer outreach, education and enforcement activities related to COVID-19.

This worker protection package builds on the Newsom Administration’s ongoing efforts to protect workers, among them expanded child care, access to testing and building a pipeline of personal protective equipment to help workers stay safe on the job. The Administration has also released robust workplace safety and health guidance that emphasizes masks, distancing, cleaning, hand washing, screenings and staying home if feeling sick.

Newsom addressed the latest COVID-19 numbers.  The state's coronavirus numbers trending are down.  Specifically, he reported there were 2,950 new COVID-19 cases on September 15^th, with a 3,348 case average for the past week.   The positivity rate is down to 3.6 percent in the most recent 7 day and 14 day periods. This is the lowest since May.  Hospitalizations and ICU patients continue to decline, 22 percent over the past 14 days –  2,821 hospitalizations, 875 ICU patients.  

On reopening, Secretary of the California Health and Human Services Dr. Mark Ghaly provided an update on how counties are faring under the state’s framework.  Recall, there are 4 colored tiers - widespread is purple, substantial is red, moderate is orange,  and minimal is yellow.  

Currently, the California county tier status stands as follows:

• PURPLE: 30 counties
• RED: 17
• ORANGE: 9
• YELLOW: 2

** New to the RED tier: 3 counties: Marin, Inyo, Tehama.

Dr. Ghaly said the administration is in constant communication with counties on moving from more to less restrictive tiers. He also said he expects San Diego County to move back into PURPLE in the next few days.

Newsom said to expect an announcement regarding theme parks and other sectors soon.  However, he did not specify when this announcement would come.

As always, Newsom closed by imploring Californians to wear a mask, physically distance, wash their hands, and minimizing mixing.  

During the Q&A portion of the briefing, Newsom was asked about his Employment Development Department (EDD) strike team.  The team's report is now three days late.  Newsom said the team is "just days away from making public that report."  It's almost complete, but he wants it to include responses from EDD about what it will do with the team's recommendations.

The Governor was asked about schooling and his own children.  "I've got four kids, it's four different experiences," he said, noting that his 11-year-old has an easier time with distance learning that his younger kids. He also used this question as an opportunity to once again urge Californians to stay vigilant and remain committed to flattening the curve so all children can get back into their classrooms.

Regarding college football, Newsom stated, “Nothing in the state guidelines denies the PAC-12 from having conference games or resuming.”

Newsom was also asked if San Diego County should be allowed to exclude college kid COVID-19 figures.  In response, Newsom bluntly said no.  More on San Diego County, Newsom acknowledged his concern about whiplash for businesses if counties have to move back and forth between tiers. The main solution, he said, is getting the virus under control with public health measures.

The briefing concluded at 1:05 PM PDT.

The California Department of Public Health (CDPH) has announced the most recent statistics on COVID-19.  There are now a total of 762,963 (+0.4 percent increase) confirmed positive cases and 14,615 (+1.1 percent) deaths in California.  As of September 15^th, there have been 13,000,522 tests conducted in California and reported to the California Department of Public Health.  More information regarding the most recent COVID-19 statistics can be found here. 

The https://www.covid19.ca.gov/ website is being updated continuously.  A complete list of the state’s ongoing COVID-19 response efforts can be found here.

Naomi Padron

Legislative Advocate

McHugh Koepke & Associates

1121 L Street, Suite 103

Sacramento, CA 95814

(916) 930-1993

www.mchughgr.com

On Tuesday, September 8^th, at noon PDT, Governor Gavin Newsom provided an update on the state’s response to the COVID-19 pandemic. 

Newsom addressed the latest COVID-19 numbers, including the hospitalization and intensive care unit (ICU) patient figures.  The state's coronavirus numbers trending are down.  Specifically, he reported there were 2,676 new COVID-19 cases, with a 4,302 case average for the past week.  Hospitalizations continue to decline, which Newsom called "good progress."  There are 3,308 (0.8 percent decrease) positive COVID-19 hospital patients.  Of those patients, 1,120 patients (2.7 percent increase) are in the ICU.  Additionally, California's 2-week positive test rate is 4.3 percent.  However, because California saw significant surges in coronavirus cases following earlier holiday weekends, Newsom said the state is going to move cautiously on reopening for the next few weeks after Labor Day— "We are going to hold the line."

On reopening, Secretary of the California Health and Human Services Dr. Mark Ghaly provided an update on how counties are faring under the state’s new framework.  Recall, there are 4 colored tiers - widespread is purple, substantial is red, moderate is orange,  and minimal is yellow.  Every Tuesday, Ghaly will announce where counties are relative to these tiers.

Currently, the California county tier status stands as follows:

• PURPLE: 33 counties (down from 38)
• RED: 14 (Up from 9)
• ORANGE: 9
• YELLOW: 2

** New to the RED tier: 5 counties:  Amador, Orange, Placer, Santa Clara, and Santa Cruz.

As always, Newsom closed by imploring Californians to wear a mask, physically distance, wash your hands, and minimizing mixing.  He also previewed a Sesame Street mask PSA. 

During the Q&A portion of the briefing, Newsom was asked about how the state will manage resources as it faces wildfires and the COVID-19 pandemic.  In response, he said California is resilient.  Further, Newsom said our mutual aid system is second to none, the state is getting an outpouring of support from across the world.

When asked about calls for a special session, the Governor, said the state is prioritizing immediate needs: wildfire suppression efforts, evacuations, and COVID-19.  “We continue to work 24-hour days, weekends, to address issues and balance priorities, including 400 bills on my desk that deal with a myriad of issues…We are already working this afternoon on next year’s budget.”

Regarding a prayer gathering held at the State Capitol this past weekend, Newsom said he is in the process of receiving more details on the event.  He also stated that if organizers are going to request a permit and say they'll follow COVID-19 guidelines, they need to follow through with compliance.  "Quite literally somebody could lose their lives," Newsom said of people gathering in the thousands, not social distancing, and not wearing masks.

The briefing concluded at 1:10 PM PDT.

The California Department of Public Health (CDPH) has announced the most recent statistics on COVID-19.  There are now a total of 735,235 (+0.4 percent increase) confirmed positive cases and 13,726 (+0.1 percent) deaths in California.  As of September 6^th, there have been 12,158,292 tests conducted in California and reported to the California Department of Public Health.  This represents an increase of 111,101 tests over the prior 24-hour reporting period. More information regarding the most recent COVID-19 statistics can be found here. 

The https://www.covid19.ca.gov/ website is being updated continuously.  A complete list of the state’s ongoing COVID-19 response efforts can be found here.

Naomi Padron

Legislative Advocate

McHugh Koepke & Associates

1121 L Street, Suite 103

Sacramento, CA 95814

(916) 930-1993

www.mchughgr.com

FOR IMMEDIATE RELEASE: Contact: Governor's Press Office Thursday, September 3, 2020 (916) 445-4571 Governor Newsom Signs Executive Order in Response to COVID-19   SACRAMENTO -- Governor Gavin Newsom today signed an executive order extending consumer protections against price gouging through March 4, 2021 as California continues to respond to the COVID-19 pandemic.   The protections generally prohibit sellers of any kind from increasing prices on food, consumer goods, medical or emergency supplies, and certain other items by more than 10 percent.   The text of the Governor’s executive order can be found here and a copy can be found here.     ###

Governor Gavin Newsom State Capitol Building Sacramento, CA 95814

On Wednesday, September 2^nd, at noon PDT, Governor Gavin Newsom provided an update on the state’s response to the COVID-19 pandemic. 

The Governor opened by discussing rental protections and evictions.   He noted California has the strongest eviction protections in the nation.  However, COVID-19 has impacted everyone and job losses have led to missed rent payments.   He said that up to 5.4 million renters are at risk and these individuals are disproportionately Black and Latino.  Newsom also cited research that shows that renters have seen a 50-66 percent drop in their income during the pandemic.  

Newsom then went over new eviction protections provided for in the recently signed AB 3088 (Chiu).  Under the legislation, no tenant can be evicted before February 1, 2021 as a result of rent owed due to a COVID-19 related hardship accrued between March 4 – August 31, 2020, if the tenant provides a declaration of hardship according to the legislation’s timelines.  For a COVID-19 related hardship that accrues between September 1, 2020 – January 31, 2021, tenants must also pay at least 25 percent of the rent due to avoid eviction.  Newsom also highlighted protections for small property owners and homeowners including expanded Homeowner Bill of Rights and expanded borrower rights.

Today, Newsom announced a new website (housingiskey.com) which provides guidance resources for landlords, tenants, and homeowners.  Specifically, he said the website will contain information regarding the new eviction framework and protections, as well as toolkits, legal aid resources, and FAQs.

Secretary of the Business, Consumer Services and Housing Agency Lourdes Castro Ramírez was present at the briefing and offered remarks in both Spanish and English regarding the newly launched website.  Newsom also clarified that California's eviction protections are not affected by the federal eviction moratorium announced yesterday because California’s rules go further.  The Governor thanked the Legislature for their efforts on the newly enacted legislation.

Newsom then spoke about California’s commitment to ending homelessness.  “Housing and homelessness are connected.  Homelessness remains our top priority and we have not taken our eye off the ball.  We came into the year with this being our top priority and we will continue to focus on it,” Newsom said.  The Governor also noted in the 2019-20 budget there was $1 billion to address homelessness.  In the 2020-21 budget, there was $1.25 billion including $628 million in emergency aid for homelessness and $600 million for Project HomeKey.  

On Project Homekey (which comes from Project Roomkey) – Newsom said since April, the state has served over 22,000 people, placed them in 16,400 rooms in 344 hotels in 55 counties, including 3 tribes.  “I've long believed that homelessness is solved by permanent supportive housing,” he said.  The Governor is trying to make these hotel rooms, where homeless people were placed for emergency shelter during the pandemic, into permanent housing.  Newsom reiterated that he and the Legislature have approved $600 million to buy those hotels so they can be made into permanent housing.  Local governments (138 applications received from 67 jurisdictions) have applied for the money and the Newsom Administration is reviewing them.  The goal is to buy the hotels by the end of the calendar year and, thus far, the cost is tracking below original estimates.

In closing, Newsom addressed the latest COVID-19 numbers, including the hospitalization and intensive care unit (ICU) patient figures.  There are 3,773 (2.0 percent decrease) positive COVID-19 hospital patients.  Of those patients, 1,197 patients (0.3 percent increase) are in the ICU.  Hospitalizations have decreased 23 percent in the two weeks.  Yesterday, there were 4,255 new COVID-19 cases, with a 4,708 case average for past week.  Additionally, California's 2-week positive test rate is 5.1 percent, Newsom reported.  The state’s 7-day average is lower at 4.4 percent. With the three-day weekend approaching, Newsom said avoiding gatherings with friends or family outside your household is "foundational," to the state's ability to keep coronavirus numbers trending down.

During the Q&A portion of the briefing, Newsom was asked about whether he intends to call a special session to address critical issues surrounding the pandemic.  The reporter specifically mentioned broadband and connectivity issues as items left unaddressed by the Legislature.  Newsom said he's still "open" to a special session if necessary.  But that's based upon specific criteria and necessity.  He also acknowledged that lawmakers ran out of time Monday and didn't get to some bills, including SB 1120 (Atkins) related to housing.

On unemployment and the Employment Development Department (EDD), Newsom was asked about potential fraud.  In response, he said, “We are concerned about fraud with unemployment benefits…I am working with state, local, federal authorities to weed that out.”  He also said his new team at EDD is working to address the issue.

Additionally, Newsom was asked about how COVID-19 is going to shape the health care discourse going into the November election.  He said, “When it comes to the two candidates running for president, it's like Door A and Door Z when it comes to health care.  One wants to eliminate progress, and one helped design the Affordable Care Act.  One candidate fits the needs of this state, so we can accelerate health care reform. But whatever happens in November, California will continue to lead and be creative to work through or around whatever obstacles come in our way.”

The California Department of Public Health (CDPH) has announced the most recent statistics on COVID-19.  There are now a total of 707,797 (+0.5 percent increase) confirmed positive cases and 13,018 (+0.7 percent) deaths in California.  As of September 1^st, there have been 11,470,696 tests conducted in California and reported to the California Department of Public Health.  This represents an increase of 97,391 tests over the prior 24-hour reporting period. More information regarding the most recent COVID-19 statistics can be found here. 

The https://www.covid19.ca.gov/ website is being updated continuously.  A complete list of the state’s ongoing COVID-19 response efforts can be found here.

Naomi Padron

Legislative Advocate

McHugh Koepke & Associates

1121 L Street, Suite 103

Sacramento, CA 95814

(916) 930-1993

www.mchughgr.com

NOTE: At this time, we do not believe this tenant eviction protection order does not extend to self storage rents. However, this does not preclude the fact that local municipalities (cities and counties) form passing their own ordinances, which may be more restrictive. We encourage you to consult your attorney. 

ALSO: CSSA bill (AB 3364) to clean up sun-setting language in the self storage lien law has been passed and signed by the governor.

FOR IMMEDIATE RELEASE: Contact: Governor's Press Office Monday, August 31, 2020 (916) 445-4571 Governor Newsom Signs Statewide COVID-19 Tenant and Landlord Protection Legislation New law includes targeted protections for tenants to shield them from evictions due to COVID-19-related back rent through February 1, 2021  Extends anti-foreclosure protections in the Homeowner Bill of Rights to small landlords SACRAMENTO -- Governor Gavin Newsom today announced that he has signed legislation to protect millions of tenants from eviction and property owners from foreclosure due to the economic impacts of COVID-19. These protections apply to tenants who declare an inability to pay all or part of the rent due to a COVID-related reason. “COVID-19 has impacted everyone in California – but some bear much more of the burden than others, especially tenants struggling to stitch together the monthly rent, and they deserve protection from eviction,” said Governor Newsom. “This new law protects tenants from eviction for non-payment of rent and helps keep homeowners out of foreclosure as a result of economic hardship caused by this terrible pandemic. California is stepping up to protect those most at-risk because of COVID-related nonpayment, but it’s just a bridge to a more permanent solution once the federal government finally recognizes its role in stabilizing the housing market. We need a real, federal commitment of significant new funding to assist struggling tenants and homeowners in California and across the nation.” On Friday, the Governor, Senate President pro Tempore Toni G. Atkins and Assembly Speaker Anthony Rendon announced an agreement on the legislation, AB 3088, co-authored by Assemblymembers David Chiu (D-San Francisco) and Monique Limón (D-Santa Barbara) and Senators Steven Bradford (D-Gardena) and Anna Caballero (D-Salinas). Under the legislation, no tenant can be evicted before February 1, 2021 as a result of rent owed due to a COVID-19 related hardship accrued between March 4 – August 31, 2020, if the tenant provides a declaration of hardship according to the legislation's timelines. For a COVID-19 related hardship that accrues between September 1, 2020 – January 31, 2021, tenants must also pay at least 25 percent of the rent due to avoid eviction. Tenants are still responsible for paying unpaid amounts to landlords, but those unpaid amounts cannot be the basis for an eviction. Landlords may begin to recover this debt on March 1, 2021, and small claims court jurisdiction is temporarily expanded to allow landlords to recover these amounts. Landlords who do not follow the court evictions process will face increased penalties under the Act. The legislation also extends anti-foreclosure protections in the Homeowner Bill of Rights to small landlords; provides new accountability and transparency provisions to protect small landlord borrowers who request CARES-compliant forbearance; and provides the borrower who is harmed by a material violation with a cause of action. Additional legal and financial protections for tenants include: ·         Extending the notice period for nonpayment of rent from 3 to 15 days to provide tenant additional time to respond to landlord’s notice to pay rent or quit.  ·         Requiring landlords to provide hardship declaration forms in a different language if rental agreement was negotiated in a different language. ·         Providing tenants a backstop if they have a good reason for failing to return the hardship declaration within 15 days. ·         Requiring landlords to provide tenants a notice detailing their rights under the Act. ·         Limiting public disclosure of eviction cases involving nonpayment of rent between March 4, 2020 – January 31, 2021. ·         Protecting tenants against being evicted for “just cause” if the landlord is shown to be really evicting the tenant for COVID-19-related nonpayment of rent. Existing local ordinances can generally remain in place until they expire and future local action cannot undermine this Act’s framework. Nothing in the legislation affects a local jurisdiction’s ability to adopt an ordinance that requires just cause, provided it does not affect rental payments before January 31, 2021. The legislation builds on the state’s strongest-in-the-nation rent cap and eviction protections passed by the Legislature and signed into law by the Governor last year. The Governor also signed major legislation last year to boost housing production, remove barriers to construction of accessory dwelling units and create an ongoing source of funding for borrower relief and legal aid to vulnerable homeowners and renters. Last year’s budget made a historic $1.75 billion investment in new housing and created major incentives – both sticks and carrots – to incentivize cities to approve new home construction. In the first weeks of his administration, Governor Newsom signed an executive order that created an inventory of all excess state land and has launched partnerships with California cities to develop affordable housing on that land. This year, the Governor prioritized $550 million in federal stimulus funding to purchase and rehabilitate thousands of motels around the state for use as permanent housing for people experiencing homelessness and provided an additional $350 million in general fund support to California’s cities and counties for homeless services and housing. Local leaders and advocates welcomed the signing of the Act: Los Angeles Mayor Eric Garcetti: "No one should lose their home due to this public health crisis -- and while cities like Los Angeles have strong tenant protections in place, there is no substitute for a clear, statewide framework that keeps hard-hit Californians under a roof. With the state legislature's action and Governor Newsom's signature, tenants and landlords can rest easier tonight, but the fight continues for every dollar in federal assistance to help struggling families survive the choppy waters of COVID-19 and navigate the economic destruction left in its wake."  Sacramento Mayor Darrell Steinberg: “The COVID-19 pandemic has devastated low-income families across the state and right here in the City of Sacramento. The eviction protections signed into law today will protect some of the most vulnerable – those who have lost income or suffered other unimaginable hardships in these past few months -- from falling into homelessness. I appreciate the work of the Legislature and the Governor to provide this meaningful relief.” San Francisco Mayor London Breed: “Protecting people from eviction has been critical from Day One of the COVID crisis, when it became clear that this pandemic was going to threaten our residents and our economies like nothing we have ever seen. People are living in fear of losing their homes because they have lost their jobs, seen their wages cut, or have been forced to close their businesses. I want to thank Governor Newsom for working with our Legislative leaders to pass AB 3088, especially our own Assemblymember David Chiu who has been an early and tireless fighter for tenants on this issue.” UC, Berkeley Terner Center Faculty Director Carol Galante: “California is taking a big step forward today to protect the most vulnerable tenants at this moment of acute crisis. As our research has shown, more than one million California renters households have experienced job loss during COVID-19, and this directly impacts their housing security. While today’s new laws are necessary, more must be done – and this means the Congress and the President stepping into their rightful role as provider of a meaningful renter relief package as part of the next stimulus. California deserves credit for acting, and now we must demand the Federal government follow suit.” The Governor also announced that he has signed the following bills:  ·         AB 2782 by Assemblymember Mark Stone (D-Scotts Valley) – Mobilehome parks: change of use: rent control. ·         AB 3364 by the Committee on Judiciary – Judiciary omnibus.  Additional information on the Tenant, Homeowner, and Small Landlord Relief and Stabilization Act can be found here. For full text of the bills signed today, visit: http://leginfo.legislature.ca.gov    ###