California COVID-19 Worker Protections & Rights
As a worker in California, you have workplace protections. There are resources available to help prevent the spread of COVID-19 at work and protect your health, regardless of your immigration status. Explore the information provided here to learn more about your workplace protections and find answers to work-related COVID-19 questions.
Recent updates
Updated COVID-19 Isolation and Testing Guidance
On January 9, 2024, the California Department of Public Health (CDPH) updated its:
These updates impact Cal/OSHA’s COVID-19 Prevention Non-Emergency Regulations and the requirements related to isolating COVID-19 cases and testing of close contacts. To assist employers, Cal/OSHA has updated the following resources:
COVID-19 Prevention Non-Emergency Regulations
The COVID-19 Prevention Non-Emergency Regulations are in effect until February 3, 2025.
Learn more about the Non-Emergency Regulations.
I want to be safer and healthier at work
I may be sick or exposed to COVID-19
COVID-19 Worker Benefits and Leave Navigator
Independent Contractor / Worker Misclassification
Supplemental Paid Sick Leave: Eligibility Navigator
COVID-19 Vaccines in the Workplace
Wildfire Smoke and Heat Illness
Training and Resources
COVID-19 Prevention Non-Emergency Regulations
Food, Housing, and Childcare Resources
Who to contact
Vaccines in the workplace
May an employer require its employees to be vaccinated against COVID-19?
Under the Fair Employment and Housing Act (FEHA), an employer may require employees to receive an FDA-approved vaccination against COVID-19 infection so long as the employer does not discriminate against or harass employees or job applicants on the basis of a protected characteristic, provides reasonable accommodations related to disability or sincerely-held religious beliefs or practices, and does not retaliate against anyone for engaging in protected activity (such as requesting a reasonable accommodation).
Department of Fair Employment and Housing Information on COVID-19 regarding Vaccinations
May a business require customers to show proof of vaccination against COVID-19 and/or proof of a recent negative COVID-19 test before permitting entry into the business?
Yes, the Unruh Civil Rights Act permits businesses to implement rules that protect employees and customers from COVID-19 infection. Please note that the business can’t ask only certain type of customers to show proof of vaccination and/or a recent negative COVID-19 test if it’s done so based on a personal characteristic protected by the Unruh Civil Rights Act. Please consult DFEH’s Guidance regarding COVID-19 safety measures and reasonable accommodations for important information about reasonable accommodations as well.
Is an employer required to compensate a worker for the time spent obtaining a COVID-19 test or vaccination?
If the employer requires an employee to obtain a COVID-19 test or vaccination (see Department of Fair Employment and Housing FAQs for guidance on the types of COVID-19 tests an employer may require and on vaccination), then the employer must pay for the time it takes for the testing or vaccination, including travel time.
The employer must pay for the time it takes for testing or vaccination because such time would constitute “hours worked.” The term “hours worked” means the time during which a worker is subject to the control of an employer, and includes all the time the worker is suffered or permitted to work, whether or not required to do so. Under this definition, one way to determine whether time a worker spends performing a task must be paid as time worked is whether the employer exercised control over the worker by requiring the worker to perform that task. If an employer requires that a worker obtain a medical test or vaccination, the time associated with completing the medical test or vaccination, including any time traveling and waiting for the test or vaccination to be performed, would constitute time worked. However, unless otherwise required, the time spent waiting for COVID-19 test results is not compensable as hours worked, although the worker may be able to utilize paid leave while waiting for the results.
An employer cannot require the worker to utilize paid leave if the time is considered “hours worked” as referenced above.
If the time is not considered “hours worked,” the worker may be able to utilize the worker’s paid leave for time off from work to obtain testing or vaccination. Regular paid sick leave may be used for preventive care, which includes medical testing and vaccines, for the employee or the employee’s family members, and is protected against retaliation under the Labor Code.
Are employees allowed to know if their coworkers have not been vaccinated?
Any record of employee or applicant vaccination must be maintained as a confidential medical record.
Who is eligible for booster vaccinations?
Please see CDPH’s COVID-19 Vaccine Booster Questions and Answers for the latest list of eligible groups.
Where can I get a digital copy of my COVID-19 vaccine record?
You can now get a digital copy of your vaccination record. It’s available to you if:
- You got vaccinated in California, and
- Your information matches what is recorded in the state’s immunization systems.
To get your vaccine record:
Can I get vaccinated against COVID-19 while I am currently sick with COVID-19?
No. Wait until you have recovered and have met the criteria for ending isolation. This guidance also applies to people who get COVID-19 between their first and second dose.
For more information on COVID19 vaccines, please visit covid19.ca.gov/vaccines/
I want to be safer and healthier at work
What are my rights to be safer and healthier at work?
Worker Protections under California Law
All workers in California, regardless of immigration status, have the right to:
- Protection from safety and health hazards, including COVID-19
- Report an unsafe workplace
- Refuse to work in unsafe conditions
It is illegal for your employer to reduce your hours, fire you or retaliate against you for exercising your labor rights.
Employer Responsibilities under California Law
Employers are required to protect workers from unsafe or unhealthy workplace conditions, such as exposure to COVID-19. This requires employers to do a number of things, including:
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Adjust work processes or procedures to help prevent exposure to COVID-19,
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Develop a written COVID-19 Prevention Program,
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Provide effective training to all workers, and more.
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For face coverings, employers must:
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Provide and ensure the use of face coverings by all individuals working in specified high-risk settings and by all employees when face coverings are required by the California Department of Public Health or the local health department.
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Provide face coverings to employees, upon their request, at no cost, even when they are not required.
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Provide employees with a respirator, upon their request, at no cost, for voluntary use.
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Follow the CDPH requirement that businesses and venue operators, including K-12 school and childcare settings, allow any individual to wear a face covering if they prefer.
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It is illegal for employers to retaliate against any worker for using face coverings.
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Under the law, workers have the right to file a complaint about workplace safety and health hazards and employers cannot retaliate or punish them for doing so.
More Resources
Cal/OSHA’s COVID-19 Emergency Temporary Standards Frequently Asked Questions
What should my employer provide to prevent the spread?
COVID-19 Prevention Program
Employers must maintain an effective COVID-19 Prevention Program and provide workers a copy upon request.
Workers must be involved when employers are identifying hazards and detailing the corrective measures in the program.
Face Coverings
For face coverings, employers must:
- Provide and ensure the use of face coverings by all individuals working in specified high-risk settings and by all employees when face coverings are required by the California Department of Public Health.
- Provide employees a face covering, upon their request, at no cost, even when they are not required.
- Provide employees with a respirator, upon their request, at no cost, for voluntary use.
- Follow the CDPH requirement that businesses and venue operators, including K-12 school and childcare settings, allow any individual to wear a face covering if they prefer.
- It is illegal for employers to retaliate against any worker for using face coverings.
Other Personal Protective Equipment
Employers are required to evaluate the need for personal protective equipment (PPE) to prevent exposure to COVID-19. The PPE your employer must provide will depend on your risk of exposure. Your employer should have a written plan on preventing workplace safety and health hazards that includes training on any personal protective equipment.
Examples of PPE include:
- Gloves
- Safety glasses
- Face shields
- Respirators
All types of PPE must be:
- Selected based on the hazard to the worker.
- Properly worn when required.
- Regularly inspected, maintained and replaced, as necessary.
- Properly removed, cleaned, and stored or disposed of to avoid contamination of self, others, or the environment.
Employees must be informed of the employer’s policies for providing N95 respirators and the right for employees to request them for voluntary use without fear of retaliation and at no cost to employees. Employees voluntarily using N95 respirators must be trained on proper use, limitations, and how to perform a seal check every time they put one on.
Infection Prevention Supplies
Your employer must provide adequate handwashing facilities and the time for you to wash your hands frequently and thoroughly. When washing your hands, scrub with soap for at least 20 seconds. They must also provide hand sanitizer, which may be used if you do not have immediate access to a sink. However, hand sanitizer is not effective if your hands are soiled. Do not use hand sanitizer containing methyl alcohol.
More Resources
Take an online workplace health and safety training on COVID-19 infection prevention.
What are safer workplace practices?
Physical Distancing
There are no physical distancing or barrier requirements in the workplace regardless of employee vaccination status with the following exceptions:
- Employers must evaluate whether it is necessary to implement physical distancing during an outbreak (3 or more cases in an exposed group of employees)
- Employers must implement physical distancing during a major outbreak (20 or more cases in an exposed group of employees)
Handwashing
Your employer must encourage hand washing and allow more time for frequent, adequate hand washing, which includes:
- Washing your hands frequently with soap and warm water for at least 20 seconds.
- Washing commonly missed areas such as palms, back of hand, thumbs, underneath fingernails and between fingers.
Hand Sanitizer
Your employer should distribute hand sanitizer at various locations throughout the worksite.
Hand sanitizer can be used if soap and water are not immediately available, but hand sanitizer is not effective if hands are soiled. Do not use hand sanitizers containing methyl alcohol.
Paid Sick Leave and Workers’ Compensation
If you think you may be sick or have been exposed to COVID-19 your employer must provide you with benefits that you qualify for under California law. For more detailed information on the benefits below, explore the section I MAY BE SICK OR EXPOSED TO COVID-19 on this site.
Testing and Exclusion Pay
Employees who are not fully vaccinated and exhibit COVID-19 symptoms must be provided testing by their employer. The testing must be provided during paid time. Employees must be excluded from the workplace in the following circumstances:
- Employee tests positive for COVID-19.
- Employee had close contact with others who are COVID-19 positive during the high risk exposure period and they are not fully vaccinated.
(Note: Employees who had close contact with others who are COVID-19-positive during the high-risk exposure period and (1) they are fully vaccinated, (2) had tested positive for COVID-19 within the last 90 days but never developed symptoms, or (3) had tested positive for COVID-19 within the last 90 days but they have recovered from all symptoms, do not need to be excluded as long as they wear a face covering and maintain six feet distance from others while at the workplace for 14 days following their last date of close contact.) - All employees that develop symptoms after close contact, regardless of their vaccination status.
If the exposure is work-related and employees are excluded from work, employers must maintain their pay by providing exclusion pay. The Labor Commissioner’s Office has more information on exclusion pay.
Paid Sick Leave
You may be able to use paid sick leave for paid time off work while you recover, quarantine, or care for a family member.
If you qualify for paid sick leave, your employer must permit you to take the leave immediately upon your written or oral request.
Read more about paid sick leave, and COVID-19 supplemental paid sick leave.
Workers’ Compensation
If a test confirms you have COVID-19 and you think you were exposed to COVID-19 at work, you might be eligible for workers’ compensation, which provides benefits that include:
- Medical care: Paid for by your employer to help you recover from an injury or illness caused by work
- Temporary disability benefits: Payments if you lose wages because your injury prevents you from doing your usual job while recovering
- Permanent disability benefits: Payments if you don’t recover completely
More Resources
What can I do about safety or health concerns at work?
Talk to Your Employer
Ask to review your employer’s Injury and Illness Prevention Program and/or COVID-19 Prevention Program.
- Your employer must establish, implement and maintain written programs that detail all workplace safety and health protocols at your workplace, including the steps they are taking to protect workers from COVID-19 and prevent the spread of this infectious disease.
- You and your authorized representative (such as a union) have the right to participate in identifying and evaluating COVID-19 hazards in the workplace.
- You and your authorized representative have the right to view your employer’s COVID-19 Prevention Program and request a copy.
File a Complaint with Cal/OSHA
You may also file a complaint about a hazard in your workplace by calling your local Cal/OSHA district office. Your name will be kept confidential by law.
If you cannot call, you may e-mail your complaint to the district office. You can find your local district office on Cal/OSHA’s website.
For your call or email, gather as much information as possible. Such as (if available):
- Name, address, and telephone number of the worksite
- Type of business
- Name and job title of the manager at the worksite
- Your name, address, telephone number, and email address
- Detailed description of the hazard
- If worksite is large, the specific location of the hazard
- Operations, equipment, machinery, and chemicals used at the worksite
- Work tasks performed near the hazard
- How often the work tasks are performed and for how long at any one time
- Number of work shifts, the time that each shift begins, and the shift when the hazard occurs
- Number of employees at the worksite, number of employees who may be exposed to the hazard, and how close the employees are to the hazard
- Employees injured or having symptoms caused by the hazard and whether the employees have received medical treatment for their injuries or symptoms
- How long the hazard has existed, whether the employer knows about the hazard, and whether the employer has tried to correct the hazard
- How long you expect the hazard will continue to exist at the worksite
- If there is an employee bargaining unit representative for the worksite, the person’s name and contact information
What if I am concerned about retaliation from my employer?
You Have a Right to Speak up about Unsafe Work Practices
By law, your employer cannot retaliate against you for:
- Asking questions about workplace safety procedures or protocols
- Requesting personal protective equipment
- Reporting unsafe working conditions
- Asking to take paid sick leave
- Reporting a workplace injury to your employer
- Filing a workers’ compensation claim
- Refusing to work when the work would create a real and apparent hazard to you or your co-workers.
Retaliation can take many forms:
- Being fired or suspended,
- Reducing your hours or pay,
- Threats about immigration status or threats to call immigration agencies
The law protects you, regardless of immigration status, against these acts of retaliation. If you believe your employer has retaliated against you, you can file a retaliation complaint with the Labor Commissioner’s Office.
Who can file:
All workers in California regardless of immigration status are protected by labor law, including retaliation protections. File your complaint within one year of the retaliatory act.
How to prepare:
- Gather any information showing your employer took action against you because you exercised your labor rights.
- Document any change in your employment conditions following the moment you exercised your rights, such as demotion or reductions in pay or hours.
- Gather documents to compare your employment conditions prior to that moment, such as pay stubs, time sheets, personnel evaluations or commendations, personal notes or other records.
How to file:
You can file your complaint online. If you prefer to submit your complaint by mail, complete the following steps:
- Download and complete the Retaliation Complaint form.
- Print, complete the form thoroughly, sign and date it.
- Include copies of all supporting documents. Do not send originals.
- Mail at
LABOR COMMISSIONER’S OFFICE
RETALIATION COMPLAINT INVESTIGATION UNIT
2031 HOWE AVE SUITE 100
SACRAMENTO CA 95825
or
LABOR COMMISSIONER’S OFFICE
RETALIATION COMPLAINT INVESTIGATION UNIT
320 W FOURTH ST SUITE 450
LOS ANGELES CA 90013
- By email to: oshaRetaliation@dir.ca.gov
- By phone at: (714) 558-4913
(please leave a message and you will be called back in one business day) - By fax at: (714) 662-6058
Although not required, if you want to use a form to file your complaint, you should download, complete, and print the Retaliation Complaint form.
What to expect:
Once your complaint has been accepted by the Retaliation Complaint Investigation Unit, it will be assigned to an investigator who will investigate your claim.
More Resources
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- File a retaliation claim: https://dir.tfaforms.net/287
- Retaliation complaints based on workplace safety and health issues: https://www.dir.ca.gov/dlse/rci_osha_complaint.htm
What if I don’t have health insurance and I need COVID-19 testing?
OptumServe testing is free for all. Schedule an appointment or call 1-888-634-1123. Walk-ins are welcome.
Other testing sites may provide free tests. Contact the site and see if there is a cost.
For more information on COVID19 vaccines, please visit covid19.ca.gov/get-tested/
I may be sick or exposed to COVID-19
What if I might be sick or have been exposed?
If you have symptoms of COVID-19, you should not go to work. Find a testing site.
Common Symptoms
Symptoms of COVID-19 include:
- Fever
- Headache
- Cough
- Sore throat
- Chills
- Recent loss of taste or smell
- Muscle pain
- Difficulty breathing
Read more on California’s website for COVID-19 Symptoms and Facts.
Notification
It is important to let your employer know if you think you may have been exposed to someone with COVID-19. You may need to take a COVID-19 test and wear a face covering around others for 10 days.
If you have symptoms of COVID-19, it is important to let your supervisor know as soon as possible and stay home unless you need medical care. You may also be able to take paid sick leave so you can be compensated while you recover at home. Tell your employer that you need to use your paid sick leave hours.
View COVID-19 outbreak data that is collected and reported by the California Department of Public Health as required by AB 685.
What are my paid sick leave options?
Paid Sick Leave (up to 24 hours)
Under California’s permanent paid sick leave law: if you work as an employee in California for at least 30 days in a year, you are probably covered, whether you are a full-time, part-time, or temporary worker.
California’s permanent paid sick leave law gives workers sick time that can be used to:
- Recover from physical/mental illness or injury
- To seek medical diagnosis, treatment, or preventative care
- To care for a family member who is ill or needs medical diagnosis, treatment, or preventative care
- Self-isolate as a result of potential exposure to COVID-19
You can earn one hour of paid leave for every 30 hours worked. The sick leave that your employer is required to provide may be limited to 24 hours or three days per year, whichever is more.
Supplemental Paid Sick Leave Expired December 31, 2022
Employers with 26 or more employees had to provide 2022 COVID-19 Supplemental Paid Sick Leave (SPSL). SPSL provided up to 80 hours of COVID-19 related paid leave from January 1, 2022 to December 31, 2022. Up to 40 of those hours could be used for isolation and quarantine, receiving vaccines and caring for a child whose school or place of care was closed. The additional 40 hours were available only when an employee, or family member for whom the employee provides care, tested positive for COVID-19.
Read Frequently Asked Questions on SPSL.
Exclusion Pay is Expiring January 2023
Exclusion Pay requirements from the COVID-19 Emergency Temporary Standards are expiring in January 2023. Non-Emergency COVID-19 Prevention Regulations that do not include Exclusion Pay requirements will become effective in the month of January 2023 once approved by the Office of Administrative Law. The COVID-19 Prevention Emergency Temporary Standards (ETS) remain in effect until the new regulations become effective. Read more about the non-emergency regulations and the ETS.
If You or a Co-worker are Denied Paid Sick Leave
If you know of an employer that has refused to provide paid sick as required by law, or who prevents workers from accessing paid sick hours, you can report the employer by leaving a message on the Paid Sick Leave Toll Free Hotline: (855) LCO‑SPSL (855‑526‑7775).
Please speak slowly and clearly to report a business’ failure to provide required paid sick leave or California Supplemental Paid Sick Leave. Include the following information in your message:
- Business Name
- Business Address/Worksite
- Business Phone Number
- Manager or Supervisor if known
- Explain the violation you are reporting
- Your Name and Contact information (only for the purpose of clarifying the tip, unless you decide to file a wage claim)
More Resources
What if I have used up my paid sick leave, but still cannot go back to work?
If you believe you were infected or may have been infected with COVID-19 outside of work, you may be eligible for State Disability Insurance benefits or for Paid Family Leave benefits if you need to stay home to care for a family member who is sick. These benefits can be made available to part-time and full-time workers. Immigration status does not matter.
State Disability Insurance (SDI)
SDI provides partial wage replacement to eligible workers who are unable to work because they have or suspect they have COVID-19.
Paid Family Leave (PFL)
PFL provides partial wage replacement to eligible workers who take time off from work to care for a family member who has or suspects they have COVID-19.
How to Apply
To apply for SDI or PFL, you should contact the Employment Development Department (EDD). The EDD recommends that most people file their claim online. It is okay to apply if you are not sure if you are eligible. The EDD can investigate your work history and determine if you are eligible.
You can register and file a benefits claim online. If you do not have a valid social security number, you cannot create an online account, but you can download the application and mail it in or ask that EDD send the form by calling 1-800-480-3287 (Spanish: 1-866-658-8846). You (the worker) will fill out part of the application and your or your family member’s (for PFL) healthcare provider or County health officer will complete a certification of a COVID-19 or suspected COVID-19 case to complete the application.
For help with a claim, you can call the EDD:
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- 1-877–238-4373 for Paid Family Leave
- 1-800-480-3287 (Spanish: 1-866-658-8846) for State Disability Insurance
What if I was not paid for taking sick leave?
If you were not paid for taking sick leave, you can file a wage claim with the Labor Commissioner’s Office to get back your unpaid wages regardless of your immigration status.
If you took unpaid time for COVID-19 reasons in 2021 and 2022, you might still be able to request pay for Supplemental Paid Sick Leave.
2022 COVID-19 Supplemental Paid Sick Leave Effective February 19, 2022 – retroactive to January 1, 2022
2022 COVID-19 Supplemental Paid Sick Leave provides covered employees up to 80 hours of COVID-19 related paid leave. Up to 40 of those hours can be used for isolation and quarantine, receiving vaccines and caring for a child whose school or place of care is closed. The additional 40 hours are available only when an employee, or family member for whom the employee provides care, tests positive for COVID-19. Read more about this supplemental paid sick leave that is available in the Labor Commissioner’s frequently asked questions.
Who Can File a Wage Claim
Any worker in California who was not paid wages while taking paid sick leave can file. Remember to file your claim within three years of the violation.
How to Prepare
Gather relevant information, such as:
- Your employer’s address
- The name of the company or individual you work for.
- Information that indicates when you worked and what you should have been paid, such as pay stubs if they are available.
Make copies of the information so that you can send the copies and keep the original version.
Remember, the law requires your employer, not you, to maintain accurate records, but any evidence you can provide will help when filing a claim. Read more on supporting documents on the Labor Commissioner’s website.
How to File
Once you have gathered the information about your employer and documents, if available, the next step in the process is to file a claim. You can file your claim by email, mail or in person. Download a claim form, complete and print it, attach applicable documents and send it to the Labor Commissioner’s Office.
The claim forms and instructions can be downloaded and printed in multiple languages.
Make sure to check the box at the top that indicates your claim is related to COVID-19.
If you need help filing your claim, visit or call a Labor Commissioner’s Office location near you. To locate the office nearest you refer to an alphabetical listing of cities, locations and communities.
For updates on your wage claim, please email the district office where you filed your claim and include your claim number in the subject line. For general questions, please email DLSE2@dir.ca.gov.
More Resources
What if I need to pay for medical treatment or cannot return to work?
You Might Be Able to Also File a Workers’ Compensation Claim
- If you believe you contracted COVID-19 at your workplace, you should notify your employer and file a workers’ compensation claim.
- If your illness is an emergency, call 911 or go to an emergency room right away. Tell the medical staff that your injury or illness is job-related. If you can safely do so, contact your employer for further instructions.
- Workers’ compensation benefits are designed to provide you with the medical treatment you need to recover from your work-related injury or illness, partially replace the wages you lose while you are recovering, and help you return to work.
How to File a Workers’ Compensation Claim if You Get Sick at Work
- Complete the workers’ compensation claim form and give the filled out form to your employer.
- Or tell your employer you would like to file a workers’ compensation claim and they are required to provide you with the appropriate claim form.
- Keep a copy for yourself.
- If you mail the form to your employer use certified mail to show proof of receipt.
- Your employer should fill out the “employer” section and forward the completed claim form to the insurance company. You should receive a copy of the completed claim form from your employer. If you do not, request a copy and keep it for your records.
- Within one day of filing a claim form, your employer must authorize appropriate medical treatment. While your employer is deciding whether to accept or reject your claim, you may receive up to $10,000 in medical treatment.
- For information on how to file and what to do if your claim is accepted or denied, visit the Division of Workers’ Compensation website.
If you need additional support
- If your employer does not give you the claim form, you can contact the Information and Assistance Unit if you have questions or call 1-800-736-7401 for recorded information
More Resources
What if I am concerned about retaliation from my employer?
You Have a Right to Speak Up about Unsafe Work Practices
By law, your employer cannot retaliate against you for:
- Requesting to take paid sick leave
- Filing a wage claim
- Reporting an unsafe or unhealthy condition
- Filing a workers’ compensation claim
Retaliation Can Take Many Forms:
- Getting fired or being put on suspension
- Reduction in your pay or hours
- Threats about immigration status or calls to immigration agencies
The law protects you, regardless of immigration status, against these acts of retaliation. If you believe your employer has retaliated against you, you can file a retaliation complaint with the Labor Commissioner’s Office.
How to File a Retaliation Complaint
Who Can File
Any worker whose employer retaliated because the worker took an action protected by California labor law.
Remember to file your complaint within six months of the retaliatory act.
How to Prepare
Gather any information showing your employer took action against you because you exercised your labor rights. For example:
- Document any change in your employment conditions following the moment you exercised your rights, such as demotion or reductions in pay or hours.
- Gather documents to compare your employment conditions prior to the moment you exercised your rights, such as pay stubs, time sheets, personnel evaluations or commendations, personal notes or other records.
How to File a Complaint
You can file your complaint online.
If you prefer to submit your complaint by mail, complete the following steps:
- Download and complete the Retaliation Complaint.
- Print, complete the form thoroughly, sign and date it.
- Include copies of all supporting documents. Do not send originals.
- Mail or deliver the completed form and supporting documents to the Labor Commissioner’s Office location nearest you.
More Resources
How do I apply for retroactive COVID pay?
Retroactive pay is available under Supplemental Paid Sick Leave (SPSL). To collect SPSL, make an oral or written request to your employer. The employer will have until the next pay period to pay the retroactive SPSL.
Note: Your employer may ask for documentation like a picture of the test result stating you or your family member have tested positive for COVID-19.
For more information on SPSL, please review DIR’s SPSL FAQ’s.
I’ve already had COVID-19. Should I get a COVID-19 vaccine?
Yes. The CDC recommends that people who have already had COVID-19 get a COVID-19 vaccine. We do not know how long your protection lasts from getting infected again after you recover. People who get vaccinated after infection have additional protection against COVID-19. One study showed that unvaccinated people who already had COVID-19 are more than twice as likely as vaccinated people to get it again.
For more information on COVID19 vaccines, please visit covid19.ca.gov/vaccines/
I had COVID and didn’t get paid. Can I still file for lost wages?
If your employer hasn’t paid you, you can file a wage claim or a report of a labor law violation with the Labor Commissioner’s Office.
Independent Contractor / Worker Misclassification
What difference does it make if a worker is an employee rather than an independent contractor?
California’s wage and hour laws (e.g., minimum wage, overtime, meal periods and rest breaks, etc.), workplace safety laws, and retaliation laws protect employees, but not independent contractors. Additionally, employees can go to state agencies such as the Labor Commissioner’s Office to seek enforcement of these laws, whereas independent contractors must resolve their disputes or enforce their rights under their contracts through other means.
For more information on the difference between an employee and an independent contractor, please visit DIR’s independent contractor FAQ’s
Are there penalties for misclassifying workers as independent contractors?
Yes. In addition to penalties that may be assessed for wage violations associated with a worker being misclassified as an independent contractor, there are civil penalties for willful misclassification. Under Labor Code section 226.8, which prohibits the willful misclassification of individuals as independent contractors, there are civil penalties of between $5,000 and $25,000 per violation. Willful misclassification is defined as voluntarily and knowingly misclassifying an employee as an independent contractor.
For more information on the difference between a worker and an independent contractor, please visit DIR’s independent contractor FAQ’s
What should workers do if their employer keeps them under independent contractor status when they think they should be considered a worker?
A worker can file one or more of the following:
- A wage claim with the Labor Commissioner’s Office
- A Report of Labor Law Violation with the Labor Commissioner’s Office for widespread violations affecting a group of workers
- A lawsuit in court
For more information on independent contractors, please review DIR’s independent contractor FAQ’s
Wildfire Smoke and Heat Illness
Can I use a cloth or a bandana to protect against the hazards of wildfire smoke?
No. Surgical masks or items worn over the nose and mouth such as scarves, T-shirts, and bandannas will not provide protection against wildfire smoke. An N95 filtering facepiece respirator( mask that reduces exposure to aerosol droplets) is the minimum level of protection for wildfire smoke. is the minimum level of protection for wildfire smoke.
For more information on Wildfire Hazards, please review DIR’s Wildfire Hazards FAQ’s
Where can I check and obtain the current Air Quality Index (AQI) and AQI forecasts?
Employers can check and obtain the current AQI and AQI forecasts from the following web sources:
What should I do if I learn that I am working in an area where the wildfire smoke particulate matter is hazardous?
Ask your employer to provide you with a NIOSH approved filtering facepiece respirator ( mask that reduces exposure to aerosol droplets) to protect against the hazards of wildfire smoke. It is very hazardous for you to work in that situation without breathing protection.
For more information on Wildfire Hazards, please review Cal/OSHA’s FAQ’s on 99Calor.
How do I file a complaint or report an unsafe work condition to Cal/OSHA?
Workers can file a complaint or report an unsafe or unhealthful work condition to Cal/OSHA by calling or emailing the nearest enforcement district office.
Food, Housing, and Childcare Resources
I’ve had COVID twice now, what resources are available?
Utilize the COVID-19 Worker Benefits and Leave Navigator to ensure you have used all of your paid leave benefits.
If you use all of your paid leave benefits, more assistance from the state is still available. Review the Food, Housing, and Childcare FAQ’s below for assistance with social services.
What food resources are available?
If you need help immediately, you can contact your local food bank or call 211 . Your local food bank can connect you with free groceries or a hot meal. 211 is a confidential and free helpline that can help you connect to local resources like:
- Affordable housing or shelter
- Cash assistance
- Healthcare
- Referrals for childcare
More information on other food resources like CalFresh, WIC, home-delivered meals for older adults, etc. is available at covid19.ca.gov/
How can I get help with my utilities?
The Low-Income Home Energy Assistance Program (LIHEAP) may be able to help you pay your energy bill.
You can get a one-time payment to help you:
- Pay your heating or cooling bills, even if you use wood, propane, or oil
- In an emergency or energy crisis, like a utility disconnection
Eligibility depends on:
- Your income
- Where you live
- How many people are in your household
For more information on LIHEAP, please visit the Department of Community Services & Development or call 866-675-6623.
I'm experiencing homelessness, what resources are available?
If you’re experiencing homelessness or need emergency housing:
- Call 211 to find a local program. It’s free, confidential, and available 24 hours a day, 7 days a week.
- Find the contact information listed for your area.
- Contact your county welfare department to find a program near you.
- Check the resources for homeless LGBTQ people in crisis.
- Contact the National Domestic Violence Hotline:
- Call 800-799-SAFE (800-799-7233)
- Text START to 88788 for 24/7 free help in English and Spanish
- Chat live
What childcare resources are available?
To find a provider, visit mychildcare.ca.gov or call 1-800-KIDS-793.
For more information on childcare, please review covid19.ca.gov/help-for-individuals-and-families/
How can I get help paying for childcare?
You may qualify for the cash aid CalWORKs program. Families that qualify receive assistance with housing, food, clothing, etc. To see if you qualify, apply at BenefitsCal or contact the social services agency in your county.
You can also check with the California Child Care Resource and Referral to see if you qualify for financial assistance with childcare.
For more information on childcare, please review covid19.ca.gov/help-for-individuals-and-families/
Training and resources
COVID-19 training for California workers
Online courses are available for workers and employers to take on-demand. Take a course to learn more about COVID-19 and preventing the spread in the workplace.
Learn from our partners
COVID-19 digital educational tools for workers are provided by the Occupational Health Branch at the California Department of Public Health.
A variety of free trainings for employers, workers, and unions are being offered by the Labor Occupational Health Program at UC Berkeley.
A list of resources for workers and communities impacted by COVID-19 is provided by the UCLA Labor Occupational Safety and Health Program.
COIVD-19 resources specific to helping agricultural employers and farmworkers are available from the Western Center for Agricultural Health and Safety at UC Davis.
Who to contact
Occupational Safety and Health (Cal/OSHA)
You can file a workplace safety and health complaint with Cal/OSHA online, or by telephone at the district office closest to you.
Cal/OSHA has launched a call center to help workers with questions specifically related to COVID-19.
The Cal/OSHA call center number is: 833-579-0927
Workers' Compensation
For questions on workers' compensation, call 1-800-736-7401 for recorded information on workers' compensation benefits from Information and Assistance staff 24 hours a day, or contact a local Division of Workers' Compensation office during business hours to reach a live person
Labor Commissioner's Office
For questions on paid sick leave, retaliation protections, filing a wage claim, or retaliation complaint:
(833) LCO-INFO (833-526-4636)
To leave a tip about an employer that is not paying workers that take sick leave:
(855) LCO-SPSL (855-526-7775)