Thank You To Our Platinum Sponsors 2020 Sponsors

Thank You To Our Platinum Sponsors 2020 Sponsors

SVM OVERVIEW With a vision to build environments that inspire innovation and creativity. 100 + OFFICE PER S O N N E L MISSION: Provide trusted service through a consistent and exceptional experience at every level. C ORE VALUE S : Do the Right Thing Be Curious Work Collaboratively Live Balanced SER V I C E S HVAC Construction 500 + UN ION F A B R I C ATION & INS TALL ATION PER S O N N E L Sheet Metal Fabrication Plumbing & Process Piping Startup & Maintenance System Controls Engineering HVAC 24 -7 Service

SERVICES Design-Build Tenant Improvement New Construction Founded in 1989 300+ Team Members Lab Facilities Santa Clara, CA Data Centers Life Sciences Special Projects Fire Alarm Systems

Ensuring Employee Legal Compliance and Safety with Return to Work October 2020 Jaime Orendac SPHR-CA, SHRM-SCP, HR Consultant Adrianna Gutierrez MSc, HR Consultant Rachael Ducote, HR Representative

Agenda New Legislation Leave Rights Wage Programs Wage and Hour Concerns Safety

California: AB 685 New Employer Requirements COVID-19 Governor Gavin Newson signed AB 685 on September 17, 2020, effective January 1, 2021. All employees must be advised within one business day of the potential exposure. Include additional information with COVID-19 related benefits that the employee might qualify for such as: Workers’ compensation, information about COVID-19 related leave, company sick leave, state-mandated leave, supplemental sick leave, or negotiated leave provisions, anti-retaliation and anti-discrimination protections. Distribute company disinfection and safety plan that follows the guidelines of the CDC for COVID-19. Additional info for union

AB 685 Continued… Alert local public health officials within 48 hours if the number of positive cases is an outbreak; 3 or more cases. Notify local public health officials of the names, number, occupation and worksite of the employees. Outbreak at a worksite all successive COVID-19 cases that are confirmed cases.

California: SB 1383 CFRA Expanded SB 1383 effective January 1, 2021 expands California Family Rights Act (CFRA) to private employers with five or more employees and removes the stipulation of a 75 mile radius of a worksite. Must provide 12 -weeks of job protected leave to a qualifying employee who has worked for an employer at lest 12 months and worked at least 1, 250 hours in the 12 -months preceding the leave. Continue to provide health benefits and other entitlements to the employee on leave Right to reinstatement of the same or equivalent position that they held before taking leave

SB 1383 Continued… Employers with 50 or more employees could potentially be required to provide up to 24 weeks of job-protected leave to a qualifying employee SB 1383 expanded definition of family member: includes adult children (dependent or not), a child of a domestic partner, grandparent, grandchild, sibling, or domestic partner.

COVID Leave Rights

Families First Coronavirus Response Act (FFCRA) The Families First Coronavirus Response Act is an Act of Congress (H. R. 6201) meant to respond to the economic impacts of the ongoing 2019– 20 coronavirus pandemic. The act will provide funding for free coronavirus testing, 14 -day paid leave for American workers affected by the pandemic, and increased funding for food stamps. COVID-19 Testing Expanded Unemployment Benefits Family Medical Leave Paid Sick Leave

Families First Coronavirus Response Act

Types of Leaves Type of Leave FMLA Jurisdiction Eligibility Federal 50 or more employees Federal State of California Employees whose children have 50 or more employees a school closure/day care closure CFRA -- New Parent Leave Act State of California 20 or more employees Child Bonding Duration Effective Date Up to 12 weeks On-going to eligible employees Up to 12 weeks 4 -1 -2020 through 12 -31 -2020 Up to 12 weeks On-going to eligible employees Benefits Must continue as actively employed Must continue benefits, Must continue as actively Employee pays share, Tax Credit employed 100% Exclusions E-FMLA Those who may work or telework With a combination of accrued paid time and EPSL. Is the Leave Paid? No Reinstatement Rights? Yes Employers with fewer than 25 employees may not be required to reinstate the employee under certain circumstances. Is the Leave Intermittent? Yes Is there a Notice Requirement? Yes CFRA Up to 12 weeks On-going to eligible employees Must continue as actively employed No No Yes Mutual agreement, Employer not Yes required Yes Yes

Covid-19 Wage Programs

CA Sick Leave Under California’s sick leave law, employees are to accrue one (1) hour of sick leave for every thirty (30) hours worked. Employers may cap an employee’s total accrued sick leave at forty-eight (48) hours. Additional Sick Leave Entitlements in Various Counties and Cities Los Angeles Oakland San Jose San Francisco

San Jose Emergency Paid Sick Leave Ordinance Required for Employers not Subject to the FFCRA’s Emergency Paid Sick Leave, including expanded Paid Leave Benefits for Businesses. The benefit is available to those who leave their residence to perform essential work for San Jose employees. The Plan is in effect through 12 -31 -2020. 100% of regular pay, no tax credit. The San Francisco Plan is not limited to employees who leave their residences to perform essential work. The Plan expires on the 61 st day following enactment, or upon termination of the Public Health Emergency, whichever first.

Lay Off vs. Furlough

COVID-19 Wage and Hour

Wage and Hour Concerns COVID Exposure Complaints Business Expense Reimbursement Overtime Duties Test Hardship Bonuses Hazard Pay Return to Work Bonus Salary Basis PAGA Claims State Laws/City Laws Timekeeping Issues Break and Meal Periods Off the Clock Work Report Time Waiting Time Health Surveys and Cleaning Time Vacation / PTO Payout

Teleworking Designated hours for teleworking Policy regarding 10 min paid breaks for every 4 hours worked and 30 min unpaid meal periods for every 5 hours worked; collect signatures Teleworkers log breaks and meal periods Protocol regarding absences; sick days

Telework Eligibility Continued… Ineligible: Employees that do not have approval from management Employees who cannot perform their job duties outside of the work facility Employees that do not have access to company equipment such as a work mobile phone/ work laptop to complete job duties and communicate with management

Telework Expenses not Reimbursed Use fees for privately owned computers as telework eligibility is for employees who have been provided with company laptop/computer Utility costs with the use of telephone, computer or occupation of the home; telework eligibility for employees who have a company phone Travel to the office if required to come in on a telework day

Telework Expenses Employers can deliver laptops, printers, etc. to the employee Office chair Stipend for data plan/internet access even if the employee has a unlimited data plan on their personal phone that is used for work; company pays a portion Employer paid equipment belongs to the employer

Teleworker Responsibility Designate an area that allows for working in an office setting. Ensure that the equipment necessary to perform the work is in the designated area; Keep personal disruptions such as non-business telephone calls and visitors to a minimum; Obtain pre-approval from the supervisor for use of vacation time or sick leave to attend to family or home matters during home office hours; and Ensure that the home office is a safe place to work. See "Setting Up A Home Office" below.

Information Security Use of company equipment for company activities Back up critical information Keep passwords secure Signed agreement All mandated postings emailed to teleworkers: Ex: DOL Families First Coronavirus Response Act poster

Return of Equipment Leave of Absence Violation of Company Teleworking Policy Termination/Resignation

Employee Quits/EDD Benefits If an employee quits, they may receive EDD benefits if there is good cause for the purposes of COVID-19 that may include: Workplace is endangering their health because of its exposure to the virus They’re taking care of a sick relative, who got infected with the virus

COVID-19 Safety

Refusal to Work Fear there is a risk of death or serious physical harm if employee continues working, then they have a right to refuse to go to work. OSHA conditions fulfilled: The employer failed to address the imminent harm the workplace brings Employee is stopping work in good faith, and There isn't enough time to use other alternatives (such as filing a complaint with OSHA)

Refusal to Work Continued… When it comes to COVID-19, they may have a right to refuse to work if: there is a serious risk of exposure to the virus, and employer failed to remedy the problem. Have to fulfill all the requirements set out in the Act to legally refuse to work. OSHA Conditions: https: //www. osha. gov/right-to-refuse. html

Refusal to Work Payment OSHA does not obligate employers to pay their employees if they refuse to work, even if their claim is justified.

COVID-19 Exposure Response Asymptomatic: An employee should contact their health care provider and follow any directions to “self-quarantine” or “self-isolate” With Management’s permission, the employee should work from home, until they receive guidance from their health care provider Do not make any announcement to employees

COVID-19 Exposure Response Symptomatic: Do not come to work Inform employees of possible exposure without providing information about the individual who may have been exposed. This is a HIPAA privacy matter. Employees with symptoms can be refused return to work An employee with COVID 19 can self-report For now, the employee should obtain a release from the doctor and return to work, if advised by their healthcare provider

COVID-19 Exposure Response Process Send employee home for quarantine -- 14 days My. OHR to send a leave eligibility letter We will request a medical certification from the employee prior to return to work We will ask the employee where/who they believe they contracted COVID-19 from Add employee to OSHA 300 log Notify public health officials within 48 hours if the number of positive cases is an outbreak Employers with 5 or more employees must notify their worker’s compensation carrier within 3 days about employees who have tested positive Memo to Employees Notice of Exposure

Face Masks/ Face Pieces Mask: N 95 or surgical mask worn by healthcare personnel: CDC recommends they be reserved for healthcare workers and other medical first responders Face covering: cloth, bandana, handmade mask CDC states it should fit snugly, secured with ties or ear loops, multiple layers of fabric, breath without restriction, laundered and machine dried CDC recommends wearing cloth face coverings in public settings

Masks and Face Coverings There is no requirement that employers pay for face coverings that an employee chooses outside of masks provided by the employer An employer can still require that the face covering: Meets CDC Guidelines Not create a safety hazard Be properly cleaned Be properly maintained

Face Masks/ Face Pieces Continued… California: San Francisco, City of Los Angeles, Sonoma County, San Mateo County, Alameda County, Marin County, Riverside County ($1, 000 fine for violations) Mandatory masks provided by employer in essential, customer facing positions Wage hour/health and safety statues can be interpreted to require employers to pay for face coverings if required by the employer

Face Masks/ Face Pieces Continued The employer is required to provide specific information to the employees who wishes to wear face mask or face piece found at section 29 C. F. R. 1910. 134 Appendix D of the OSHA regulations. PPE required by the employer be supplied and paid for by the employer Work within 6 feet of patients know to be or suspected of being infected with COVID-19 OSHA’s Guidance on Preparing the Workplace for COVID-19: https: //www. osha. gov/Publications/OSHA 3990. pdf

Masks and Face Coverings An employer can require employees to wear protective gear (masks and gloves) and observe infection control practices (regular handwashing and social distancing) Reasonable accommodation for an employee with a Disability (non latex gloves, modified mask for lip reading) or Religious accommodation under Title VII (modified equipment due to religious dress) Employer should discuss the request and provide modification if feasible and not an undue hardship on the employer’s business under ADA or Title VII

OSHA’s Non-binding Guidelines Low Exposure: Office employees and others who typically have minimal contact with the public are categorized under this group Coming up with a plan to adequately prepare and respond to the disease Preparing prevention measures Having policies and procedures on how to identify and isolate sick people Following existing OSHA requirements regarding infectious diseases

OSHA’s Non-binding Guidelines Medium Exposure: Employees whose work requires them to maintain multiple contacts with the public; working in schools, grocery stores, and retail etc. Employers in this group should follow the general recommendations set out in the guidelines to ensure their employees' safety. In addition to that, employers should: Consider installing physical barriers between employees and the general public Offer face masks to ill employees Provide personal protective equipment (PPE), depending on the employee's work Limit the general public's access to the employee by offering alternatives such as drivethroughs and teleworking

OSHA’s Non-binding Guidelines High/ Very High Exposure: Healthcare employees that are treating patients that are diagnosed with or are suspected of having COVID-19, lab technicians who handle specimens of coronavirus patients Following the general guidelines outlined above Isolating patients with known or suspected cases of COVID-19 Providing workers with proper training and education Providing hand sanitizer with 60% and above alcohol level to emergency responders and staff Providing personal protective equipment Offering medical monitoring of employees

TO DO Harassment Prevention Training Posting Requirements Recordkeeping Return to Work Plan

News Flash Crown Act Independent Contractors Minimum Wage Increases -- January and July Posting Requirements Training Requirements Unlimited PTO Plans Leave Rights; Sick Mandates, CFRA Corporate Diversity

Jaime Orendac, SPHR-CA, SHRM-SCP, HR Consultant Jaime@My. OHR. com 408 -674 -3432 Bryana Cole, HR Representative, Bryana@My. OHR. com, 408 -499 -6074 Rachael Ducote, HR Consultant, Rachael@My. OHR. com 408 -609 -8012 1515 Meridian Avenue #204 San Jose, CA 95125 408 -264 -4710 HRConsult@My. OHR. com