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November 25, 2020: $20 Million For Businesses Impacted by Purple Tier in San Diego County

Board Approves $20 Million

Through an amendment, the events industry was added to the list of businesses that qualify for this financial help. You potentially qualify if your business is engaged in: restaurant, gym fitness center, yoga studio, movie theater, museum, zoo, aquarium, or event industry.

Grant applications are now open. Apply at https://www.sandiegocounty.gov/stimulusgrant/

Hair Salons and Barbershop Services CAN be Provided Outdoors (As of 7-29-2020)

In California, as of July 13, 2020, indoor gatherings and indoor-based business operations were once again prohibited. “At 12:00 p.m. on July 13th, Governor Newsom ann​ounced that a number of indoor activities and industries will be closed statewide, and additional indoor activities and industries will be closed in counties that appear on the State’s “monitoring list” for three days or longer. ” July 13, 2020

This announcement prohibited hair salons from operating in their facilities. In turn, hair stylists were turning to outdoor operations until the Board of Barbering and Cosmetology prohibited that practice by affirming that all operations can only be conducted indoors citing Business & Professions Code Section 7317:

Barber-Cosmo Update Stylists (7-13-2020).

 

 

But on July 17, 2020, the State acknowledged the hardship to this industry and prepared regulations permitting personal care services outdoors:

Barber-Cosmo Update Stylists (7-17-2020)

Finally, on July 20, 2020, the Board of Barbering and Cosmetology issued “Outdoor Service Guidance for Establishments” for how barbering and cosmetology services can be offered safely outside. These guidelines allow the OPTION for services to be done outside and does not require outdoor services.

On July 29, 2020, the official Industry Guidance was published for outdoor operations. See Official Industry Guidance.

Prior to re-starting your operations outside, also see the “Outside Services Checklist for Establishments”

 

Residents: What you MUST Do if You Have Been Diagnosed with COVID-19 (Quarantine Order)

If you are a resident of- or visitor to the County of San Diego you are greatly encouraged to keep up-to-date with COVID-19 regulations imposed.  Save and favorite the following link: www.coronavirus-sd.com

On Thursday, July 30, 2020, San Diego County officials released a new public order indicating what a person MUST do when they have been diagnosed with COVID-19. The same order applies if you are likely to have COVID-19. The July 30th order makes reference to a publication issued on July 24, 2020 which are specific orders reflecting Quarantine Instructions.

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Follow this Link to see the Quarantine of Persons Exposed to COVID-19 health order.  The Order states: 

All persons who have had close contact with a COVID-19 Patient must immediately take the following actions:

1. Quarantine themselves in their home or another residence for 14 days after the last contact with a COVID-19 Patient. If quarantined in a congregate setting, hotel or multi-unit setting, the person may not enter any other units within that setting. Persons may leave their place of quarantine to receive necessary medical care. Essential workers needed to maintain continuity of operations of sectors designated in the document available at https://covid19.ca.gov/img/EssentialCriticalInfrastructureWorkers.pdf, may report to work if they have notified their employer about the close contact, have no symptoms of COVID-19, and wear appropriate personal protective equipment as required by their job/position.

Read more through the above-link.

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San Diego County Residents & Business Owners: County Creates COVID-19 Compliance Hotline (858) 694-2900

If you are a resident of- or visitor to the County of San Diego you are greatly encouraged to keep up-to-date with COVID-19 regulations imposed.  Save and favorite the following link: www.coronavirus-sd.com

The County of San Diego, namely the County Board of Supervisors, has implemented a new team set to take enforcement action when businesses and individuals do not follow County Orders in relation to COVID-19.

To report violations, Call (858) 694-2900

The goal for this Healthy Compliance Center — part of the County’s “Safe Reopening Compliance Team — is for the team to determine how serious the violation is in order to alleviate some of the burden from local law enforcement divisions that need to “focus on the elements of their mission.” Previously, those types of calls are being taken at the county’s 211 phone line. In July alone, the county received 400 phone calls via 211. This new hotline would allow reporting parties to speak to a county employee one-on-one, in more detail

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Get An idea of How San Diego County is Doing With COVID-19 (Stage 2 of 4)

Resilience Roadmap

Californians have been staying home and saving lives since the start of our statewide stay-at-home order issued on March 19, 2020. These efforts have allowed the state to move forward on the State’s roadmap for modifying the statewide order.

As of the date of this publication, California is now in early Stage 2, where retail, related logistics and manufacturing, office workplaces, limited personal services, outdoor museums, child care, and essential businesses can open with modifications. The state is issuing guidance to help these workplaces reopen safely.

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Stage 2

On May 8th, the Governor outlined a process where counties who met specific criteria could move more quickly than other parts of the state through Stage 2 of modifying the Stay-at-Home order.

San Diego County filed an Attestation that they have met the readiness criteria specified in the May 8, 2020 COVID-19 County Variance Attestation Form. Accordingly, San Diego County was authorized to move more quickly through Stage 2 opening sectors once state guidance is posted for that sector.

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REVIEW THE ATTESTATION: San Diego County (PDF) / Alternative Link
I encourage you to read it. It is similar to an informal “state of the county” update.

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Business Law: Companies/Employers Using COVID-19 Liability Waivers

On March 11, 2020, the World Health Organization declared COVID-19 a pandemic. A pandemic is defined as a global spread of a new disease often applied when viruses are able to infect people easily and spread from person to person in an efficient and sustained way. On March 19, 2020, an executive order and public health order directed all Californians to stay home except to go to an essential job or shop for essential needs to disrupt the spread of COVID-19 among the population. On May 20, 2020, the County of San Diego developed guidelines for businesses such as restaurants and retail businesses to open safely to have customers in the premises with restrictions. On May 24, 2020, the State Board of Barbering and Cosmetology developed guidelines for hair salons to open safely.  This all means that as of late May, 2020, businesses are starting to re-open, of course, with safety measures required. It is expected for larger organizations and theme parks open in late June 2020 or early July 2020.

Waivers

With employees returning to work, businesses are looking to limit liability related to COVID-19 exposures. A few calls and questions I have received include:

  • Can I issue COVID-19 liability waivers for employees to sign?
  • If an employee refuses to sign a COVID-19 liability waiver, must I still let them work?
  • Can I ask customers/clients to sign COVID-19 liability waivers before entering my business?
  • Are COVID-19 liability waivers enforceable?
  • What can I include as part of my COVID-19 liability waiver?

Generally speaking, liability wavers are permitted but enforceability depends on its contents and what exactly an employer is trying to limit liability from. There are certain risks, hazards, and employee rights that an employer cannot lawfully shield themselves from. For the latter part of the sentence, think worker’s compensation rights and other statutory rights afforded to California employees. Look out for specific executive orders passed in March, April, May, June 2020.

Enforceability of such waivers have not yet been tested through the court system and it is not yet known if courts will limit what an employer can include in such waiver.

Even with signed waivers, employers need to focus primarily on implementing safety and security measures imposed at the city, county, and state level. These include at minimum: (i) physical distancing, (ii) use of face coverings by workers and customers, (iii) frequent handwashing and regular cleaning and disinfection, and (iv) training workers on these and other elements of the COVID-19 prevention plan.