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Governor's Stay-at-Home Order, HR 6201, and Impact to Public Sector Employers

Pursuant to the Governor’s Executive Order N-33-20 ordering all Californians to stay at home to combat the COVID-19 outbreak, effective immediately, this email is intended to provide an update on our firm’s immediate analysis of the impact to public sector employers. At this time, we believe the latest Executive Order does not adversely impact public agency operations, as the order provides that “critical infrastructure sectors,” including public emergency services, energy, government facilities, health and safety, and water and wastewater entities may continue its operations, and Californians working in these sectors may continue their work because of the importance to California's health and well-being. It is also stated that the Governor may designate additional sectors as critical at a later time. Therefore, it is our opinion that essential government functions may continue, and public employees who have been assigned such essential government function duties should continue to report to work (and/or perform work remotely, if telecommuting has been designated as the method of work) as directed. No end date has been specified for the duration of this order.

Separately, HR 6201 has been signed into law by the President, with specific provisions related to the FMLA Public Health Emergency Leave and Emergency Paid Sick Leave, which affect the employees of public agencies.

As always, if we may be of any further assistance, please do not hesitate to contact our Northern California office at (510) 838-1000 or Southern California office at (626) 838-1000 at any time, as our team is fully operational. Read our latest blog post here on how Boucher Law stands ready to partner and assist our clients on their critical legal and practical HR needs during this time.

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