COVID-19 update for Court workers

Dear OCEA member,

Today concludes week two of our response to the unprecedented workplace impacts triggered by the COVID-19 pandemic. In a new development, California's Chief Justice has approved an extension on Court closures through April 24, 2020. You can read an email update sent today from the Court below.

Shutting down facilities to protect workers and the public is something OCEA advocated for on behalf of you and your coworkers at the onset of the health crisis. You can read the full text of OCEA’s demands here. Other workplace protections we asked for have been implemented, including more telecommute options, flexible work arrangements, and closure of Court buildings to help stop the spread of the Coronavirus. We remain committed to fighting for hazard pay that reflects the risk Court workers take every day in the interests of justice for Orange County residents.

Additionally, effective April 1, 2020, the Court will shift its pay policy as follows:

• Workers ordered home but who cannot telecommute will receive regular pay;
• Workers ordered to telecommute will receive 1.5 times regular pay; and
• Workers ordered to report to a facility will receive 1.5 times regular pay.

The work you are doing in this crisis is inspiring. By staying home practicing social distancing, you are helping to stop the spread of COVID-19 and its devastating impact on our lives and our economy. It’s a privilege to stand with you now and always.

In Solidarity,

Charles Barfield
OCEA General Manager

Here is the email sent by the Court earlier today:

This email is sent on behalf of Presiding Judge Kirk H. Nakamura and Court Executive Officer, David Yamasaki:

Judges, Commissioners and Court Staff,

We are writing to provide a brief summary of what has occurred these past ten days and important information in our efforts to navigate through this difficult storm.  Many of you have heard that on March 22^nd, the President of the United States authorized a “major disaster” declaration for the State of California.  Both the State of California and the County of Orange have issued orders mandating that all County residents shelter in place.  These same orders mandate that the Court can remain open only to perform essential functions.  Since the closure of our Court on March 17, 2020, Covid-19 continues to spread an increasing pace, and all experts in the field believe that, with respect to the State of California and the County of Orange, conditions will escalate. 

Given all of this, we submitted a petition to the Chief Justice of the California Supreme Court to extend crucial deadlines for our workload at the Orange County Superior Court through April 24, 2020.  This request was granted.  As a consequence, we have decided to:

1. Suspend criminal and civil trials through May 22, 2020;
2. Keep closed to the public, all justice centers except CJC and LJC;
3. Comply with our mandated requirements by conducting preliminary examinations at CJC;
4. Develop an operation plan that enables the conducting of criminal arraignments in the near future;
5. Process emergency matters in all applicable case types.

At this juncture, we have not identified any other expansion of services, but have spent a great deal of time evaluating options to do so.  This decision is subject to change and we will provide all of you with information concerning changes as decisions are made.

Going forward, unless your work is essential to any of the hearing types mentioned above, it is highly unlikely that staff will be called into work.  However, many employees have been given the capacity to perform their tasks remotely, and in an effort to mitigate the growing backlog of work, we anticipate utilizing our telecommuting staff to assist us with the resumption of functions that are not considered “essential functions.” Each employee that falls into this teleworking category will be informed if they are impacted by this decision.  Information is expected to be provided on Monday, March 30, 2020.

With that said, effective April 1, 2020, we will be adjusting the current compensation being provided to employees. Those changes include the following:

• Those employees who are required to complete non-essential functions via telework will post regular hours (RH) on their timesheets and will not post SOT for hours worked. 
• Those employees who are required and directed to complete essential functions (i.e. tasks that directly support the Operations of the Court) either onsite or via telework will be compensated with straight over time (SOT) at the rate of thirty (30) minutes for every hour worked in addition to regular hours.   

We continue to recognize the importance of following the recommendation of medical professionals to limit the number of people that occupy enclosed spaces to ensure safety.  In this regard, no additional personnel will be called into the office unless this safety measure can be accomplished effectively.  For this reason, employees who are not instructed to report to perform telework or essential services, are directed to shelter in place and will be compensated unless circumstances change, and you are informed otherwise.

It is our hope that you and your families remain healthy during this difficult time. 

Stay safe.

Kirk H. Nakamura                                                                              David Yamasaki

Presiding Judge                                                                                  Court Executive Officer

(Version March 27, 2020)

PS: As the judicial officers, all information provided for by Judge Larsh in his e-mail of March 26, 2020 still pertains to judicial officers. Any questions should be directed to either Judge Larsh or Catalina Roger.

Publication Date: March 27, 2020