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California Passes COVID-19 Supplemental Paid Sick Leave Law

September 17, 2020

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On September 9, California Governor Newsom signed a bill that establishes COVID-19 supplemental paid sick leave (“COVID-19 PSL”) for California workers generally not covered by the federal Families First Coronavirus Response Act (“FFCRA”).

Important Dates

Employers are required to begin providing COVID-19 PSL by September 19.

Employers must also post a notice in their workplace by September 19.  If employees are not physically present in the workplace, the employer may disseminate the notice electronically.

Starting in the first pay period after September 9, employers must provide notice in a wage statement (or a separate writing provided on pay day) of an employee’s available COVID-19 PSL each pay period.

The requirement to provide COVID-19 PSL expires on December 31, 2020 or upon the expiration of any federal extension of the Emergency Paid Sick Leave Act established by the FFCRA.

Covered Employers & Employees

California’s new law applies to private employers with 500 or more employees in the United States.  It also applies to any public or private entity that employs health care providers or emergency responders and that has elected to exclude such employees from emergency paid sick leave under the FFCRA.

Workers are entitled to COVID-19 PSL only if they are (1) employed by a covered employer AND (2) leave home to perform work for their employer.

Reasons for Leave

Employees are entitled to COVID-19 PSL when they are unable to work because they:

  • are subject to a federal, state, or local quarantine or isolation order related to COVID 19;
  • are advised

USDA and FDA to Jointly Regulate Cell-Cultured Food Products

March 11, 2019

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The U.S. Department of Health and Human Services’ Food and Drug Administration (“FDA”) and the U.S. Department of Agriculture’s Food Safety and Inspection Service (“FSIS”) formally agreed on March 7 to share regulatory authority over cell-cultured meat products (“CCM”) derived from livestock or poultry.

As we previously reported, regulatory authority over CCM has been a much contested issue. FSIS purports to have jurisdiction over CCM under the Federal Meat Inspection Act (“FMIA”), while FDA purports to have jurisdiction under the Federal Food, Drug, and Cosmetic Act (“FFDCA”). Instead of battling over jurisdiction, the agencies have decided to collaborate – both will have oversight but at different stages of production. Essentially, FDA will oversee the initial stages of production, while FSIS will take on authority during cell harvesting.

While the details have yet to be refined, the agreement broadly allocates the agencies’ respective roles and responsibilities as follows:

FDA

  • Oversee initial cell collection and the development and maintenance of cell banks
  • Oversee proliferation and differentiation of cells through time of harvest
  • Develop additional requirements for cell bank conditions and processes
  • Conduct inspections of cell banks and take enforcement action if necessary to ensure compliance with FDA’s laws and regulations
  • At harvest, help coordinate transfer of oversight to FSIS and share information with FSIS

FSIS

  • At harvest, help coordinate transfer of oversight from FDA and review information from FDA
  • Require establishments that harvest cells to obtain a grant of inspection
  • Conduct inspections in establishments where cells
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