Yesterday California Governor Gavin Newsom signed Executive Order N-62-20, creating a rebuttable presumption that employees who test positive for COVID-19 within 14 days of working contracted the virus at work. Employers will have 30 days to rebut the claim by proving the employee contracted the virus elsewhere. This order puts a significant burden of proof on employers.

The Executive Order will remain in place for 60 days after the lift of the statewide stay-at-home order (Executive Order N-33-20). The Executive Order comes just as California prepares to enter “Stage 2” of the gradual reopening of the state this Friday.

The presumption is retroactive to claims filed as early as March 19, 2020.