US Department of Labor Temporarily Waives Affirmative Action Requirements in Federal Contracts for COVID-19 Response

The Office of Federal Contract Compliance Programs (OFCCP) issued a temporary waiver of three areas of equal employment opportunity requirements that normally are included in every federal procurement contract for supplies, services and construction to the federal government specifically in response to COVID-19. The exemption and waiver will be in effect through June 17, 2020. This temporary waiver will exempt contractors who receive such contracts from their federal affirmative action obligations. For some contractors, this will mean relief from its current affirmative action efforts, written affirmative action plans, equal employment opportunity policy statements, language in job postings, EEO compliance filings and on-site audit and compliance visits. The memo does not relieve contractors from their obligation not to discriminate; but much of the administrative effort required of contractors to demonstrate compliance is being waived for contracts related to the COVID-19 response. 

As Nursing Homes Bear the Brunt of COVID-19 Devastation California Ramps Up Support - But Is It Enough?

Last week, the state issued guidance to prepare facilities for COVID-19, that include: limiting visitors and training staff on infection control; retraining 600 nurses to support facility compliance with COVID-19 guidance; weekly check-ins with facility staff to identify needs and get early warning of any symptomatic patients; prioritizing testing for residents and staff for nursing facilities; and prioritizing distribution of personal protective equipment to staff.  Sadly, advocates have been calling for heightened attention and early response to all congregate care facilities since the beginning of the outbreak.  One month into the crisis, these guidelines by the state may be too little too late. 

Governor Newsom Issues Executive Orders to Address the Needs of Vulnerable Californians 

Relaxed Requirements Allow IHSS Workers to Provide Services During COVID-19 Outbreak

In Executive Order N-47-30 the state seeks to "expand support for vulnerable populations", including giving the California Department of Social Services (CDSS), the authority to waive certain existing state laws and regulations impacting In-Home Supportive Services (IHSS) in order for IHSS case workers and providers (workers) to "perform necessary functions or meet programs requirements" under current emergency public health orders requiring physical distancing and related service disruptions.   

In addition, after requests from DRC and others, Center for Medicare & Medicaid Services approved an emergency amendment to the Home and Community Based Alternatives (HCBA)  waiver that will temporarily waive current provider rules and allow parents of minor children and spouses to provide Waiver Personal Care Services (WPCS). WPCS is essentially additional IHSS, that allows waiver enrollees to receive up to 24/7 care (instead of just the normal 9 hours available as the max through IHSS).

Children of Infrastructure Workers and Children at Risk of Abuse Have Access to Safe Childcare Options

Executive Order N-47-30 eases requirements for enrollment in child care programs for children of essential critical infrastructure workers, and children with disabilities or special health care needs who receive early childhood education services. The Order waives current requirements in state law for a written referral from a legal, medical, or social services agency for children at risk of abuse or neglect to have priority for services. 

Safe and Expedient Discharge Rule Youth at Division of Juvenile Justice

Executive Order N-49-20 calls for discharge and reentry hearings to be held via videoconference to minimize participants’ exposure to COVID-19; the notice timeline for discharge was shortened from 60 days to 30 days; and community reentry hearings may be held in the DJJ facility instead of in county jail which would require transfer.