Pub. 10 2021-2022 Issue 2

PUB YR 10 2021-2022 | ISSUE 2 15 The Fisher Phillips Automotive Dealership Team has represented automobile and other vehicle dealers and dealer groups nationwide for over half a century. When you call us for advice, you instantly tap into decades of experience dealing with your industry and the resources of a firm exclusively devoted to labor and employment law. You won’t have to explain what F&I managers do or how service technicians are paid. Our long and close association with the retail automobile industry uniquely positions us to help you solve your employee problems with minimal disruption. Workplace Solutions for Employers 4747 Executive Drive, Suite 1000, San Diego, CA 92121 | 858.597.9600 fisherphillips.com • May I require that customers and other visitors to my dealership wear masks? Yes. • If a vaccinated employee is exposed to COVID-19, must I send them home for quarantine? No, so long as the employee who was exposed does not experience symptoms of COVID-19. • If an unvaccinated employee develops symptoms of COVID-19, must I provide testing? Yes, you must provide free testing during work hours. • If I send an unvaccinated employee exposed to COVID-19 home for quarantine, must I continue paying the employee? Yes. You are required to continue their regular pay and benefits while they are away from work. • If an employee is diagnosed with COVID-19, must I pay her while she is out? Only to the extent she has accrued sick leave or paid time off (“PTO”) available. The state requirement for Supplemental Paid Sick Leave for employees with COVID-19 expired on Sept. 30, 2021. • If an employee’s spouse or children are diagnosed with COVID-19, must I provide my employee with paid leave? Again, only the extent she has accrued sick leave or paid time off (“PTO”) available. • Must I allow an unvaccinated employee to work remotely? No. If an employee declines to get vaccinated because of a health condition or a sincerely held religious belief, you must provide a reasonable accommodation, but the accommodation can be that the employee comes to work and wears a mask. • Must I allow employees to work remotely because of child care responsibilities? Generally no, unless the child has a serious medical condition that requires the parent’s presence or care. • Should I continue to allow employees to work remotely? This is at each employer’s discretion. Allowing at least some remote work might help to attract and retain talent. Most dealership jobs are not well-suited to remote work, however, and while you might have allowed employees in such jobs to work remotely during the depths of the pandemic, you now may require those employees to return to the dealership. Even if you allow some remote work, you should have a policy setting forth standards for remote-working employees, such as no working off the clock, remaining available during business hours, maintaining data security, and coming to the dealership as required for training, meetings and customer service. James J. McDonald, Jr. is managing partner of the Irvine office of the national labor and employment law firm Fisher & Phillips LLP. He is the author of the book California Employment Law: An Employer’s Guide, published annually by the Society for Human Resource Management.