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Local Governments Modify Reopening Protocols in Response to Increases in COVID-19 Cases

Local regulators are stepping up enforcement of protocols, dealers should continue to evaluate their protocols or adopt them for the first time.

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As we noted in our July 13, 2020 alert, Governor Newsom has taken steps to reverse some of the reopening rules across the state, focusing on indoor activities. Now local governments, in particular those in Southern California, are modifying local reopening guidance in response to the increase in COVID-19 cases across the state. We have also received word of stepped-up enforcement by local regulators. Due to these changes and increased enforcement activity, every dealer should continue to evaluate their written protocols or adopt them for the first time, if not already completed.

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Effective July 1, 2020, several California cities will implement minimum wage increases. Generally, employees who perform at least two hours of work in a city are covered by the minimum wage provisions of that city, which would be at or above the California minimum wage rate.

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As employers settle into their protocols for employee health screenings and other preventative measures to lower the risk of Coronavirus spread in the workplace, questions still remain as to what they can ask employees about their health. Government agencies continue to provide further clarification and guidance. Two agencies recently provided updates...

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California has seen a recent increase in the number of diagnosed cases of COVID-19. While there are currently no indications that state or local governments plan to scale back the reopening of businesses, this spike will likely lead to increased enforcement of current prevention mandates. Every dealership in the state should therefore ask whether it is in compliance with state and local requirements, including recent modifications to those requirements.

Last month Governor Newsom’s office released the Phase 2 guidance of the California Resilience Roadmap for “lower-risk workplaces” detailing the steps businesses in specific industries must take to reopen. The guidance includes dealership opening protocols and requires that dealerships do all of following...

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As California reopens amidst the COVID-19 pandemic, employers should take extra care to ensure that they are following all health and safety protocols, whether they are legally mandated or just recommended by the government. There are various organizations to look to for guidance regarding safe COVID-19 practices, but the number of guidelines out there may be overwhelming. To assist, here is a list of some agencies and guidelines with which you should be familiar, as well as where to find them.

Taking their temperatures

How to implement temperature checks for employees (in the COVID-19 Pandemic)

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In response to the COVID-19 pandemic, many local and national guidelines now recommend taking employees’ temperatures before allowing them to work/interact with customers and goods. But since such “medical tests” were usually off-limits, employers have many questions about how to implement them.

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Today, May 7, 2020, Governor Newsom’s office released Phase 2 guidance of the California Resilience Roadmap for “lower-risk workplaces” detailing the steps businesses in specific industries must take to reopen. This guidance becomes effective May 8, the same day when designated lower-risk workplaces may open across the state with modification. The auto dealer guidance includes some specific requirements, but largely shifts to dealers the burden of assessing risk and developing plans to mitigate risk.

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On May 6, 2020, the County of Los Angeles announced that car dealers will be able to resume sales on May 8 from their dealerships with appropriate social distancing procedures. The County has not released any details regarding what specific procedures car dealers will need to follow, if any, though the Los Angeles Times is reporting that retailers that are allowed to resume business on May 8 must provide curb-side pickup. It is unclear if this restriction will apply to car dealers.

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Today the California DMV issued an Occupational Licensing Industry News addressing how dealers may legally offer vehicles for sale online and perform off-site delivery of the vehicles. While the guidance states it “clarifies the requirements” during the “outbreak period,” it should be read to extend beyond the present. This is the first guidance from the DMV acknowledging that new car dealers may legally offer online sales.

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