California Assemblymember Blanca Rubio, a Democrat from the San Gabriel Valley, recently introduced AB2175, which would establish a California Wandering Prevention Task Force.

Individuals with a cognitive impairment, including those with Alzheimer’s, related dementias, and autism are at a substantial risk of wandering away from their homes. Ensuring safety for these populations is costly, time consuming, and often results in poor outcomes once they have begun to wander. AB2175 seeks to provide a statewide strategy to help one of California’s most vulnerable populations.
 
The task force would include 20 members. The HCAOA California Chapter is working to ensure it has a seat on the task force so that our voice can be heard on this important issue.

On April 6, 2022, Cal/OSHA issued a draft COVID-19 Emergency Temporary Standard (ETS) for readoption to replace the current version, which expires on May 5, 2022.

This is the fourth version of the ETS since Nov. 30, 2022. The California Occupational and Health Standards Board is scheduled to hear public comment and to vote on whether to approve the readopted ETS on April 21, 2022. If approved, and if left unmodified by executive order, the proposed ETS would be in effect through December 31, 2022.
 
Read more here.

California’s Labor Commissioner has updated its FAQs concerning 2022 COVID-19 supplemental paid sick leave (CPSL), answering some of employers’ more pressing questions about how this year’s more unique law operates. The answers are welcome news to many.

​HCAOA state chapters are focused on improving access to and the delivery of home care throughout the country. Whether it’s expanding the scope of services that home care aides in Illinois can provide, or advocating for auto accident victims in Michigan, or developing recommendations for Ohio’s new home care license law, or fighting against a bill that would prohibit non-solicitation clauses in Connecticut, HCAOA’s chapters have been doing great work on behalf of all members! Here are some highlights…

​Effective March 1, there is no longer a hard requirement under the Cal/OSHA statewide Emergency Temporary Standard (CA ETS) or any other statewide requirement for employers to require unvaccinated persons (or fully vaccinated persons) to mask indoors at work. Instead, the masking requirement applies only in specified settings such as health care, K-12 schools and childcare facilities, long-term care settings, and others.

​On February 16, the California Labor Commissioner published the mandatory posters concerning the 2022 COVID-19 supplemental paid sick leave (CPSL) law - which will take full effect on Saturday, February 19, 2022 - that an employer must display in English and Spanish. Further, and perhaps more important to employers struggling to interpret portions of the law, the Labor Commissioner also published FAQs.

​All HCAOA California Chapter members are invited to participate in a virtual advocacy event on Tuesday, March 8 and Wednesday, March 9 from 9:00 a.m. to 12:00 p.m. PT from the safety and convenience of your home or office. Hear from Chapter leaders, the California Department of Social Services, and state legislative leaders about current challenges facing HCAOA members in California including issues with Guardian, vaccine mandates and pending legislation.

​All HCAOA California Chapter members are invited to participate in a virtual advocacy event on Tuesday, March 8 from 9:00 a.m. to 12:00 p.m. PT from the safety and convenience of your home or office to hear from Chapter leaders, the California Department of Social Services, and state legislative leadership.

​HCAOA has filed litigation in an attempt to block California’s home care registry law that gives home care workers’ personal contact information to unions. While we lost our case in a lower court, we filed an appeal and on January 12, oral argument in the AB 2455 appeal in the Ninth Circuit was held. Maury Baskin from the Littler firm argued the case on behalf of HCAOA to a three-judge panel consisting of two Obama appointees and one Reagan appointee. Attorneys for the State and the SEIU argued in opposition, challenging both HCAOA’s standing to sue and also denying that the Act was preempted by federal labor law.

.​HCAOA Associate Member Bob King, Esq., Legally Nanny, represents hundreds of home care agencies in California and nationwide, and has spent much of this time defending home care agencies in wage and hour litigation. He reports that the same claims come up again and again in these cases, so he put together a brief overview of pertinent issues and what owners and managers can do to protect their home care agencies.

Governor Newsom announced last week that by February 1, 2022, health care workers and all employees in high-risk congregate settings, including those providing in-home care will be required to get their COVID-19 booster shot. In the interim, all health care staff that have not received their booster must test for COVID-19 twice weekly until they are up to date on their vaccines.

​Last month, the HCAOA California Chapter held a meeting focused on the state's vaccine mandate for home care workers and issues with the Guardian System. HCAOA compiled members’ questions and speakers Jennifer Nicklas, DSS Home Care Services Bureau Chief, and Atty. Elizabeth Murphy, JacksonLewis, agreed to provide answers as a follow up.

​HCAOA continues to fight against California’s AB 2455 law that requires all home care aides’ personal information, including their home addresses and phone numbers, to be turned over to SEIU to assist with union organizing. HCAOA initially filed the lawsuit in 2019 but the lower court upheld the law, so HCAOA filed an appeal from that decision. 

Among the many new California bills signed into law this session are two that amend the state’s workplace safety laws. Senate Bill (SB) 606 creates new classes of health and safety violations and dramatically increases liability for non-compliant written workplace safety and health programs. Assembly Bill (AB) 654 makes notable revisions to an employer’s COVID-19 exposure notification and reporting requirements.