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Mayor Garcetti Signs Three New Executive Orders

Thu Apr. 9th, 2020 PTWWW Legal Alert

Mayor Garcetti, the mayor of the City of Los Angeles, has signed several new orders over the past couple of days regulating employers throughout the City of Los Angeles.

Below is a summary of the orders which are also attached here: https://www.lamayor.org/COVID19Orders

Supplemental Paid Sick Leave

Effective Date

The order is effective immediately upon publication and will remain in effect until two calendar weeks after the expiration of the COVID-19 local emergency period.

Eligibility

An Employee who has been employed with the same Employer from February 3, 2020 through March 4, 2020, is entitled to supplemental paid sick leave.

The order applies to any such Employee who performs any work within the geographic boundaries of the City for an Employer.

Applicability to Employers

The Order applies to an Employer that has either: (i) 500 or more employees within the City of Los Angeles; or (ii) 2,000 or more employees within the United States.

Triggering Events

An eligible Employee can claim supplemental paid sick leave if the Employee is unable to work or telework and upon written request of the Employee:

  • Takes time off due to COVID-19 infection or because a public health official or healthcare provider requires or recommends the Employee isolate or self quarantine to prevent the spread of COVID-19;
  • Takes time off work because the Employee is at least 65 years old or has a health condition such as heart disease, asthma, lung disease, diabetes, kidney disease, or weakened immune system;
  • Takes time off work because the Employee needs to care for a family member who is not sick but who public health officials or healthcare providers have required or recommended isolation or self quarantine; or
  • Takes time off work because the Employee needs to provide care for a family member whose senior care provider or whose school or child care provider caring for a child under the age of 18 temporarily ceases operations in response to a public health or other public officials recommendation. This provision is only applicable to an Employee who is unable to secure a reasonable alternative caregiver.

Amount of Leave

An Employee who works at least 40 hours per week or is classified as a full-time Employee by the Employer is entitled to 80 hours of supplemental paid sick leave. Supplemental paid sick leave is calculated based on an Employee’s average two week pay over the period of February 3, 2020 through March 4, 2020.

An Employee who works less than 40 hours per week and is not classified as a full-time Employee by the Employer is entitled to supplemental paid sick leave in an amount that is no greater than the Employee’s average two week pay over the period of February 3, 2020 through March 4, 2020.

However, supplemental paid sick leave does not need to exceed $511 per day and $5,110 in the aggregate.

Other Points

  • An Employer may not require a doctor’s note or other documentation for the use of supplemental paid sick leave.
  • An Employer who has already provided paid leave since March 4, 2020 for COVID-19 related purposes is entitled to an offset.
  • An Employer who has a paid leave or paid time off policy that provides a minimum of 160 hours of paid leave annually is exempt.
  • Other exemptions include emergency and health services personnel, global parcel delivery services employers, new businesses (those which came to or started in the City of Los Angeles after September 4, 2019), government agencies, certain closed businesses (those which closed or did not operate for 14 or more days due to an emergency order relating to COVID-19.)

Worker Protection Order

This order applies to all of the following workers who work at businesses which are exempt under the City of Los Angeles Safer At Home Emergency Order:

  • Grocery stores, water retailers, farm and produce stands, supermarkets, convenience stores, warehouse stores, food banks, certified farmers markets and other establishments engaged in the retail sale of canned food, dry goods, fresh fruits and vegetables, pet food and medication supply (but not grooming or training), fresh or frozen meats, fish, and poultry, any other household consumer products (such as construction supplies, cleaning and personal care products);
  • Organizations and businesses that provide food, social services and other necessities of life for economically disadvantaged or otherwise needy individuals (including gang prevention and intervention, domestic violence, and homeless services agencies);
  • Hardware and building supply stores, day labor centers, and nurseries;
  • Plumbers, electricians, exterminators, custodial/janitorial workers, handyman services, funeral home workers and morticians, moving services, HVAC installers, carpenters, day laborers, landscapers, gardeners, property managers and leasing agents, private security personnel;
  • Laundromats, dry cleaners, and laundry service providers;
  • Restaurants and retail food facilities that prepare and offer food to customers, but only via delivery service, to be picked up, or drive-thru;
  • Individuals and businesses that ship or deliver groceries, food, beverages or goods directly to residences or businesses;
  • Taxis, ride sharing services, car rental companies, and other private transportation services;
  • Hotels, motels and shared rental units.

These workers must wear face coverings over their noses and mouths while performing their work. The required face coverings are not medical-grade masks or N95 respirators, but rather, fabric coverings, such as scarves and bandanas. All essential, non-medical workers required to wear these face coverings must frequently (at least once a day) wash any reusable face coverings, for the health and safety of themselves and others.

Employers must provide, at their expense, nonmedical grade face coverings for their employees.

Employers must permit their employees to wash their hands at least every 30 minutes. Employers must ensure that employees have access to clean, sanitary restrooms, stocked with all necessary cleansing products; or sanitizing agents required to observe hand sanitation protocols recommended by the Los Angeles County Department of Public Health, provided at the employer’s expense.

Employers must implement social distancing measures for customers, visitors, and employees that provides a six-foot buffer, to the extent possible, between individuals.

Customers and visitors of businesses described above must wear face coverings over their noses and mouths to provide additional protection for employees and customers. A business owner or operator may refuse admission or service to any individual who fails to wear face coverings as required by this order.

Grocery, Drug Retail and Food Delivery Worker Protection

A Grocery Retail Store and Drug Retail Store Employer must approve an Employee’s request to change a work schedule under any of the following circumstances:

  • To provide daycare for the Employee’s own child;
  • To care for a sick member of the Employee’s immediate family or member of its household; or
  • If the Employee feels ill, exhibits a symptom of COVID-19 as identified by the Center for Disease Control, or suspects having been exposed to COVID-19.

A Food Delivery Platform Business must allow an Employee to decline orders under any of the following circumstances without negative repercussions:

  • To provide daycare for the Employee’s own child;
  • To care for a sick member of the Employee’s immediate family or member of its household; or
  • If the Employee feels ill, exhibits a symptom of COVID-19 as identified by the Center for Disease Control, or suspects having been exposed to COVID-19.

Before hiring a new Employee or using a contract, temporary service or staffing agency to perform work, a Grocery Retail Store and Drug Retail Store Employer must first offer the work to current Employees if:

 

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