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City Proof of Vaccination Ordinance, State and Federal OSHA Standards, New State Laws, Face Mask Mandate, CalCompetes Tax Credit and other Business Resources - January 7, 2022
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January 7, 2022


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This is an update from the City of Oakland’s Economic & Workforce Development Department (EWDD) for businesses, nonprofits, independent contractors and our partner organizations who support them. These are just highlights of available resources. For information about worker benefits, grants, loans and support services available, please visit our Business & Worker Resource web page. The site is updated regularly as more information becomes available, so please check it often.

Vaccinations and boosters remain the best protection against COVID-19, preventing most related hospitalizations and deaths. Alameda County has posted an Employer Vaccination Toolkit for businesses interested in supporting their employees in getting vaccinated.
City Ordinance Requiring Proof of Vaccination
At a special meeting on December 21, Oakland City Council unanimously adopted an Emergency Ordinance requiring proof of COVID-19 vaccination that takes effect February 1, 2022, at the following indoor public locations:
  1. Establishments or Events where food or drink is served including Restaurants, Bars, Coffee Houses, Clubs, and Banquet Halls
  2. Entertainment Venues, Theaters, Concert Venues, Museums, And Recreation Facilities
  3. Gyms, Fitness Centers And Yoga Studios
  4. Senior Adult Care Facilities And City Senior Center Programs
  5. City Hall
  6. Large Indoor Events At City- And Privately-Owned Facilities

The vaccination card must be cross-checked with the individual’s photo ID. City staff will post notification posters that need to be posted by January 15, FAQs and other details at www.oaklandca.gov/VaxOrdinance.
Cal/OSHA Emergency Temporary Standards
On December 16, 2021, the Cal/OSHA Board voted to re-adopt the Cal/OSHA COVID-19 Prevention Emergency Temporary Standards (ETS) which includes several updates that affect investigating and responding to COVID-19 cases in the workplace, face coverings, testing and exclusion, and return to work criteria. These changes go into effect on January 14, 2022. For more information, see Cal/OSHA COVID-19 Prevention ETS Update - What Employers Need to Know.
Federal OSHA Vaccine and Testing Mandate
The Federal Occupational Safety and Health Administration (OSHA) in the U.S. Department of Labor has issued an emergency temporary standard (ETS) to minimize the risk of COVID-19 transmission in the workplace. The Federal OSHA ETS applies to employers that have 100 or more employees and requires that all employees be vaccinated or undergo weekly testing among additional requirements.

To provide employers with sufficient time to comply, OSHA will not issue citations for noncompliance with any requirements of the ETS before January 10, 2022, and will not issue citations for noncompliance with the standard’s testing requirements before February 9, 2022 so long as an employer is exercising reasonable, good faith efforts to comply with the standard. OSHA will work closely with the regulated community to provide compliance assistance.
For more information including fact sheets, tool kits and more, see the Federal OSHA ETS page.
New State Laws Effective January 1 – To-Go Alcoholic Beverages, Food Delivery Tips, Wage Theft, Composting
Laws allowing restaurants to sell to-go beer, wine and cocktails that went into effect during the pandemic have been extended through 2026.

With the passage of AB 286, food delivery apps are not allowed to keep tips or gratuities. Tips must go to the individual worker and not to the delivery service.

Intentional wage theft of more than $950, previously a misdemeanor, becomes a felony under AB 1003 allowing prosecutors to get search warrants to investigate employers. Tips are considered wages and independent contractors are considered employees under this law.

The Composting and Organics Recycling Law requires that kitchen waste and other organic waste be separated from the rest of the trash to reduce the amount of organic trash in landfills and lower greenhouse gases as organic materials decompose. Waste Management of Alameda County, Inc. (WMAC) is the exclusive provider of commercial compost collection services. Contact WMAC to order compost collection service and request free technical assistance.
Mask Mandates, State Health Orders
Through at least February 15, 2022, the California Department of Public Health (CDPH) requires masks to be worn in all indoor public settings regardless of vaccine status. Effective December 30, 2021, Alameda County rescinded its face mask exemptions to fully align with the State’s mandate. At this time, everyone – regardless of their vaccination status – must mask in all indoor public settings. This change does not impact face masking requirements for school and youth settings.

Additionally, CDPH updated requirements for attending mega events, like concerts and sporting events. Prior to attending an event, attendees will now be required to show either proof of vaccination, a negative antigen COVID-19 test within one day of the event, or a negative PCR test within two days of the event.

CDPH also issued a travel advisory effective immediately to recommend that all travelers arriving in California test for COVID-19 within three to five days after arrival, regardless of their vaccination status. 

The State recently provided updates on vaccine and booster requirements for:

Apply for CalCompetes Tax Credit
The California Competes Tax Credit (CCTC) is an income tax credit available to businesses that want to stay and grow their business in California. Businesses of any industry, size or location compete for millions in available tax credits. Applications will be analyzed based on various factors, including the number of jobs being created or retained, amount of investment and strategic importance to the state or region. Since 2015, more than a dozen Oakland businesses have received tax credits of over $41 million to create quality full-time jobs.

To help businesses apply, California Competes Tax Credit webinars will be held on Thursday, January 13 and Tuesday, January 18. An application guide and tutorial videos are also available. The application period closes January 24, 2022.
Commercial Eviction Protection Assistance
The Oakland City Ordinances that prevented commercial evictions of small businesses and non-profit organizations for nonpayment of rent ended in September 2021. Back rent may be due in full depending on the payment plan or other agreement negotiated between the tenant and landlord. The moratorium on residential evictions remains in effect until the end of the Local Emergency as declared by the Oakland City Council.

Through grants from the City of Oakland, the Lawyers’ Committee for Civil Rights of the San Francisco Bay Area (LCCR) continues to provide commercial lease negotiation assistance to small business owners.

See the Workshops section later in this email for upcoming eviction and commercial lease webinars hosted by LCCR.

Tenants seeking additional information and support as the commercial eviction moratorium ends, should visit: https://www.oaklandca.gov/resources/coronavirus-2019-covid-19-business-and-worker-resources#eviction-moratorium
Resources for Re-Opening
Upcoming Online Workshops & Webinars
Below is a sampling of upcoming workshops and webinars. See additional listings and check for last-minute additions at: https://www.oaklandca.gov/resources/webinars-for-businesses-nonprofits-and-independent-contractors

Virtual Lawyers in the Library
Tuesday evenings, Thursday evenings and Sunday afternoons
Oakland Public Library
Free

Monday, January 10, 5:30 – 8:30 p.m.
Renaissance Entrepreneurship Center
Free

Is NOT Having a Website Costing You Money? Create One Yourself! (Part 1)
Tuesday, January 11, 10 – 11:00 a.m.
AnewAmerica Women’s Business Center
Free

Kicking off the Year on a Solid Financial Foot
Tuesday, January 12, 5:30 – 7:30 p.m.
Renaissance Entrepreneurship Center
Free

COVID Impacted Businesses! Still Looking for Money?
Wednesday, January 12, 4 – 5 p.m.
AnewAmerica Women’s Business Center
Free

Is NOT having a Website Costing You Money? Create One Yourself ! (PART2 )
Thursday, January 13, 10 – 11:30 a.m.
AnewAmerica Women’s Business Center
Free

Must Know Insurance for Small Businesses
Friday, January 14, 9 – 11 a.m.
SCORE East Bay
$23

How to Sell to Corporations: Session 2
Friday, January 14, 11 a.m. – 12:30 p.m.
NorCal SBDC
Free


COVID Impacted Businesses! Still Looking for Money?
Friday, January 14, Noon – 1 p.m.
AnewAmerica Women’s Business Center
Free

Expansion Capital for Profitable Businesses More Than 2 Years Old
Tuesday, January 18, 10:30 a.m. – Noon
NorCal SBDC
Free

Buy or Sell your Business
Wednesday, January 19, 10:30 a.m. – Noon
NorCal SBDC
Free

How to Sell to Corporations: Session 3
Friday, January 21, 11 a.m. – 12:30 p.m.
NorCal SBDC
Free


Starting a Cottage Food Business – Part 1
Monday, January 24, 2 – 4 p.m.
NorCal SBDC Restaurant Program
Free

Marketing in a Post-COVID World
Monday, January 24, 5:30 – 7:30 p.m.
Renaissance Entrepreneurship Center
Free

Owning and Investing in Real Estate for Small Businesses and Entrepreneurs
Tuesday, January 25, 10:30 a.m. – Noon
NorCal SBDC
Free

Commercial Lease and ADA Compliance
Tuesday, January 25, 3 – 5 p.m.
Lawyers’ Committee for Civil Rights
Free

Financial Bootcamp Part 1
Wednesday, January 26, 10 – 11:30 a.m.

NorCal SBDC
Free

Digital Marketing on a Budget: An Overview for Small Businesses
Wednesday, January 26, 3 – 4 p.m.
AnewAmerica Women’s Business Center
Free

How to Sell to Corporations: Session 4
Friday, January 28, 11 a.m. – 12:30 p.m.
NorCal SBDC
Free


Digital Marketing on a Budget: An Overview for Small Businesses
Friday, January 28,  Noon – 1 p.m.
AnewAmerica Women’s Business Center
Free

Is NOT having a Website Costing You Money? Create One Yourself ! (PART2 )
Monday, January 31, 6 – 7:30 p.m.
AnewAmerica Women’s Business Center
Free

Financial Management for your Business
Thursday, February 3, 10 – 11:30 a.m.
NorCal SBDC
Free

Know Your Rights: Commercial Eviction
Tuesday, February 8, 3 – 4 p.m.
Lawyers’ Committee for Civil Rights
Free

Marketing your Business
Thursday, February 10, 11 a.m. – 12:30 p.m.
NorCal SBDC
Free

Legal Issues for the Small Business Startup
Tuesday, February 11, 9 a.m. – Noon
SCORE East Bay
$23

 
 

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