AB 685 Requires Employers to Give Prompt Notice of Potential Exposure to COVID-19

On September 17, 2020, Governor Newsom signed Assembly Bill 685 into law. The new law requires an employer that “receives a notice of potential exposure to COVID-19” to provide a written notice within one business day to all its employees, any union representing its employees, and to the employers of subcontracted employees who were on the premises at the same worksite as the qualifying individual within the infectious period, that they may have been exposed to COVID-19. The notice to its employees who may have been exposed and to the union, if any, must include information regarding COVID-19-related benefits to which the employee may be entitled under applicable federal, state, or local laws. The notice to employees, a union and subcontractors must include information on the disinfection and safety plan the employer will implement in accordance with the guidelines of the federal Centers for Disease Control. If an employer is notified of a COVID “outbreak,” it must also notify its local public health agency within 48 hours. An employer must maintain records of all notifications for at least 3 years.