City of Los Angeles Issues Orders Providing Supplemental COVID-19 Paid Sick Leave and Additional COVID-19 Protections for Workers

On April 7, 2020, Mayor Eric Garcetti announced the implementation of three emergency orders that may have a significant impact on employers in the City of Los Angeles. Briefly, these orders (1) provide for up to 80 hours of supplemental COVID-19 paid sick leave for employers with 500 or more employees, (2) require non-medical, essential business owners to provide non-medical grade face coverings for workers, and (3) grant grocery, pharmacy, and food delivery workers certain additional protections. Each order is discussed below.

SUPPLEMENTAL PAID SICK LEAVE DUE TO COVID-19 ORDER

Effective immediately, employees who have been employed with the same employer from February 3, 2020, through March 4, 2020, are entitled to supplemental COVID-19 paid sick leave if they are unable to work or telework due to the qualifying reasons set forth below.  This Order applies to (1) employers with 500 or more employees in the City of Los Angeles, or (2) employers with less than 500 employees in the City of Los Angeles, but 2,000 or more employees in the United States.  The order is distinguishable from the Families First Coronavirus Response Act signed on March 18, 2020, which only applies to employers with fewer than 500 employees.

Calculations and Limitations of Supplemental Pay
Under the Order, full-time employees (i.e., those who work at least 40 hours a week) are eligible to receive up to 80 hours of supplemental COVID-19 paid sick leave calculated based on the employee’s average two-week pay between February 3, 2020, and March 4, 2020.  Part-time employees (i.e., those who work fewer than 40 hours a week) may receive no greater than the employee’s average two-week pay between February 3, 2020, and March 4, 2020.  

The amount an employee can receive is capped at $511 per day or $5,110 in the aggregate.

Qualifying Employees
Supplemental paid sick leave must be given upon the oral or written request of an employee if: 

1. The employee takes time off because of a COVID-19 infection, or because a public health official recommends self-quarantine to prevent the spread of COVID-19;
2. The employee is 65 or older with an underlying health condition such as heart disease, asthma, lung disease, diabetes, kidney disease, or a weakened immune system; or
3. The employee needs to care for a quarantined family member, or a family member whose senior-care provider or child-care provider, or school, is closed due to COVID-19, and alternative care is not available.

Notably, an employer may not require that an employee provide a doctor’s note, or any other similar documentation, in order to receive supplemental COVID-19 paid sick leave.

The Order also identifies offsets and exemptions that may be available to qualified employers.

Penalties for Noncompliance
Employers may face liability for noncompliance that could include reinstatement, back pay, and/or supplemental COVID-19 paid sick leave.  Employers should contact legal counsel for questions regarding offsets, exemptions, or compliance.

WORKER PROTECTION ORDER

Effective April 10, 2020, all non-medical, essential workers (as defined in the City of Los Angeles Safer At Home Emergency Order) must wear face coverings over their noses and mouths while performing their work duties.  Notably, employers must either provide workers with masks or reimburse workers for buying masks.  The Order does not require employers to purchase medical-grade masks or N95 respirators, but rather, requires fabric coverings (i.e., scarves and bandanas) or single-use face coverings.  The Order also permits employers to refuse admission and/or service to customers who fail to wear face coverings when visiting such businesses.

The Order also requires employers to:  (1) allow employees to wash their hands at least every 30 minutes, (2) ensure that employees have access to clean and sanitary restrooms, and (3) implement social distancing measures for customers and employees (i.e., providing a six-foot buffer between individuals). 

Noncompliance with this Order could result in liability and fines.

GROCERY Retail, DRUG RETAIL, AND FOOD DELIVERY WORKER PROTECTION ORDER

Effective immediately, grocery retail and drug retail store employers must approve an employee’s request to change their work schedule, if the employee: (1) is providing day care for their own child, (2) is caring for a sick member of the employee’s immediate family or a member of its household, or (3) feels ill, exhibits a symptom of COVID-19, or suspects that they were exposed to COVID-19.  This Order also allows employees of food delivery platform businesses to decline food delivery orders, without negative repercussions, for the same reasons.

This Order also requires grocery retail and drug retail store employers to first offer work to current employees, before hiring a new employee or using a contract, temporary service, or staffing agency to perform additional work, as long as (1) the employee is qualified to do such work and (2) the additional work hours would not result in overtime pay.

CONCLUSION

As employers of all sizes adjust to the extraordinary circumstances of the COVID-19 outbreak, and the multitude of federal, state, and local orders regarding the same, they must be careful to comply with the strictest of all applicable regulations.