Executive Order Extends Labor Code Related Administrative Deadlines 60 Days

On May 7, 2020, Governor Newsom issued Executive Order N-63-20, which allows reprieve for a number of labor-related administrative functions performed by the Division of Labor Standards Enforcement (DLSE), the Division of Workers’ Compensation, and the Division of Occupational Safety and Health (Cal/OSHA).  

The following statutory and regulatory deadlines are extended by 60 days: 

  • For the Labor Commissioner to issue citations under the Labor Code, including civil wage and penalty assessments pursuant to Labor Code section 1741;
  • For the Labor Commissioner to file preferred claims, mechanics’ liens, and other liens on behalf of employees pursuant to Labor Code section 99 and Civil Code section 8414; 
  • For individuals and employers to appeal or petition for review of any citation issued by the Labor Commissioner;
  • For employees to file complaints and initiate other proceedings with the Labor Commissioner under Labor Code sections 98, 98.7, 1700.44, and 2673.1;
  • For Cal/OSHA to issue citations, notices or orders under Labor Code section 6317;
  • For employers to appeal citations, notices, or orders of Cal/OSHA under Labor Code sections 6319, 6600, 6600.5, 6601, and 6601.5;
  • For Workers’ Compensation Administrative Law Judges to issue final decisions.   In turn, the deadline by which the Workers’ Compensation Appeals Board must act upon any decision submitted by a Workers’ Compensation Administrative Law Judge is likewise extended by 60 days;
  • For Cal/OSHA and the Occupational Safety & Health Standards Board (OSHSB) to submit reports on proposed new changes to occupational safety or health standards under Labor Code sections 142.2 and 147; 
  • For the State’s administrative director to act upon Medical Provider Network applications;  
  • For employees to submit an application for the Return to Work Supplement Program; and
  • For state agencies, public officers, employees and employee organizations to submit post-impasse bargaining disputes to a fact-finding panel under the Meyers-Milias-Brown Act (MMBA) and Educational Employment Relations Act (EERA).

If you have any questions please contact the author or your usual employment law counsel at AALRR.

This AALRR presentation is intended for informational purposes only and should not be relied upon in reaching a conclusion in a particular area of law. Applicability of the legal principles discussed may differ substantially in individual situations. Receipt of this or any other AALRR presentation/publication does not create an attorney-client relationship. The Firm is not responsible for inadvertent errors that may occur in the publishing process.

© 2020 Atkinson, Andelson, Loya, Ruud & Romo

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