Hospital and Skilled Nursing Facility COVID-19 Worker Retention Pay
Cal. LAB § 1494
California Statutes
(
a) In the event of a dispute about the status of an eligible physician, the retention payment amount, or the physician entity’s failure to make a retention payment, the physician may write to the physician entity and request a review of the physician’s eligibility status, retention payment amount, or the physician entity’s failure to make a retention payment. The physician entity shall have days to review the physician’s request, disclose to the physician the amount received from the department subject to the methodology described in subdivision (
d) of
Section 1492, and cure any alleged deficiency without penalty. (
b) If the physician entity does not conclude the retention payment review described in subdivision (
a) within days of receipt of the review request, or the physician entity does not cure the alleged deficiency within days of receipt of the review request, the employee may file a complaint with the department. If the department finds that the physician entity failed to make a required retention payment, the physician entity shall be ordered to make full payment of the unpaid amount, plus interest at the rate of interest specified in subdivision (
b) of
Section of the Civil Code, which shall accrue from the date that the retention payment funds were transmitted to the physician entity by the department as provided in
Section 1492. A physician employer that willfully fails to make a full retention payment after receiving a request for review described in subdivision (
a) shall be liable to the employee for liquidated damages in an amount equal to the unpaid amount. (
c) Notwithstanding any other law, the department shall not be required to indemnify a physician entity for any liability it incurs pursuant to subdivision (b).