Keenan Briefings

Briefings

COVID-19 Update: New Executive Order N-63-20 New Department of Industrial Relations Deadlines

May 18, 2020

On May 8, 2020, Governor Gavin Newsom issued Executive Order N-63-20 which, among other things, extends some critical deadlines that impact employers’ obligations with regard to employee notices, safety and workers’ compensation programs impacted by the COVID-19 pandemic.

Sections 8 and 9 of the Order extend by 60 days certain procedural deadlines of the Department of Industrial Relations, including the deadline for workers to file wage claims with the Labor Commissioner; the deadline for employers to appeal Cal/OSHA citations; and the deadline for Workers’ Compensation Administrative Law Judges to issue decisions. Section 10 modifies the employee notice posting requirements for public employers.

Details on the sections that impact Keenan’s clients are as follows:

Section 8

The deadlines specified in the following statutes and regulations shall be extended for a period of 60 days:

  • b) Labor Code section 99, related to the Labor Commissioner’s filing of claims and liens of employees, and Civil Code section 8414 to the extent it governs the deadlines for filing and recording such claims and liens (usually the earlier of 90 days after completion of the work of improvement or 30 days after the owner records a notice of completion or cessation);
  • c) Labor Code sections 4616(b)(1) and California Code of Regulations, Title 8, sections 9767.2(a) and (b) and 9767.8(d), related to the period in which the administrative director must act upon Medical Provider Network applications or requests for modifications or reapprovals (normally within 60 days of submitting a complete new plan and 180 days of submitting a complete plan for reapproval);
  • d) California Code of Regulations, Title 8, section 17304, related to the period in which the Return-To-Work Supplement Program must receive an application for a Return-to-Work Supplement (usually within one year from the date the voucher was served on the individual);
  • e) California Code of Regulations, title 8, section 17309, related to filing a Return-to Work Supplement appeal (usually within 20 days of the service of the decision) and any reply or responsive papers (normally within 15 days following the date of filing the appeal);
  • f) Labor Code section 123.5 and California Code of Regulations, Title 8, sections 9713, 9714, and 9714.5, related to the period in which Workers’ Compensation Administrative Law Judges must file decisions (usually, 90 days);
  • g) Labor Code 5313, related to the period in which the Workers’ Compensation Appeals Board must act on any decision submitted by a Workers’ Compensation Administrative Law Judge (under the statute, within 30 days after the case is submitted);

Please note, Section 8, subsections a, h, i, and j do not apply to Keenan clients.

Section 9

The deadlines specified in or that apply to the following statutes and regulations shall be extended for a period of 60 days to the limited extent that the time to issue a citation or file a complaint, claim, or appeal would otherwise elapse in the 60-day period following this Order:

  • a) All Labor Code sections and related regulations setting the time for the Labor Commissioner to issue any citation under the Labor Code, including a civil wage and penalty assessment pursuant to Labor Code section 1741 (under the statute, no later than 18 months after the filing of a valid notice of completion in each county in which the public work was performed, or 18 months after acceptance of the public work, whichever occurs last);
  • b) All Labor Code sections and related regulations setting deadlines for any employer or other person to appeal or petition for review of any citation issued by the Labor Commissioner;
  • c) Labor Code sections 98 (notice to the parties within 30 days after the filing of a complaint, and hearing within 90 days of the determination to hold a hearing), and 98.7 (filing a complaint of discrimination within six months of the violation), related to workers’ rights to file complaints and initiate proceedings with the Labor Commissioner;
  • d) Labor Code section 6317, related to the issuance of Cal/OSHA citations (stating that a citation or notice shall not be issued more than six months after the occurrence of the violation); and
  • e) Labor Code sections 6319, 6600, 6600.5, 6601, and 6601.5, related to the appeal of citations, notices, or orders of Cal/OSHA (normally 15 working days).

Section 10

Any statute or regulation that requires a public employer to post notice on “employee bulletin boards” is suspended, provided that the public employer provides such notice to its employees through electronic means, such as through electronic mail to its employees, posting on an employer-operated website frequented by its employees, or any other electronic means customarily used by the public employer to communicate with its employees.


The full text of Executive Order N-63-20 can be found here:

https://www.gov.ca.gov/wp-content/uploads/2020/05/5.7.20-EO-N-63-20.pd

For more information, please contact your Account Manager.


Keenan & Associates is not a law firm and no opinion, suggestion, or recommendation of the firm or its employees shall constitute legal advice. Clients are advised to consult with their own attorney for a determination of their legal rights, responsibilities and liabilities, including the interpretation of any statute or regulation, or its application to the clients’ business activities.