On June 17, 2021, the Cal/OSHA Standards Board met to consider new revisions to the COVID-19 Prevention Emergency Temporary Standard (ETS) that incorporate the latest public health guidance. After the Board approved the revised guidelines (ETS 2.0), Governor Gavin Newsom issued an Executive Order declaring ETS 2.0 effective once the revision is filed with the Office of Administrative Law.

The Eleventh Circuit Court of Appeals (Alabama, Florida and Georgia), in deciding Ramirez v. Statewide Harvesting & Hauling, LLC (May 21, 2021), finds under certain circumstances, work performed by farm laborers that is separate from their usual agricultural activities, (e.g., “necessities trips”) may entitle them to overtime pay under the Fair Labor Standards Act (FLSA) when they work more than 40 hours per week.

Teresa McQueen

With summer temperatures on the rise, state and federal Occupational Safety and Health Administrations are reminding all employers to be prepared to protect outdoor workers from heat illness. Heat illness is more likely to occur during the transitional period between spring and summer as temperatures start to climb and workers are not yet accustomed to working at full capacity. State and federal law require employers to monitor outdoor workers assigned to high heat areas.

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