LA CITY ISSUES TWO NEW ORDERS WORKER PROTECTION ORDER
SUPPLEMENTAL PAID SICK LEAVE ORDER
FOR EMPLOYERS OF 500 OR MORE EMPLOYEES
In our continuing effort to provide the latest information and resources relating to the COVID-19 pandemic, the below newsletter details two new Orders signed by Los Angeles City Mayor Eric Garcetti, one of which becomes effective on Friday, April 10th and the other becomes effective immediately.
LOS ANGELES CITY MAYOR ORDERS FACIAL COVERINGS AND OTHER WORKPLACE MANDATES
On April 7, 2020 Mayor Garcetti issued the Worker Protection Order which becomes effective at 12:01 am. on Friday April 10, 2020 until the end of the local emergency period and shall extend through May 1, 2020 but is subject to extension.
This Order specifically addresses employees in non-medical essential businesses such as grocery and retail stores, pharmacies and other businesses meeting the needs of the community, whose employees face a substantial risk of exposure by going to work and as such are now required to wear “non-medical grade face coverings while performing their work”.
Click here or below for a full copy of the Order:
In summary, the Order provides:
- Employees in non-medical essential businesses as defined in the Order must wear face coverings over their noses and mouths while performing their work. The face coverings need not be 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.
- Single-use face coverings must be properly discarded into trash receptacles.
- Employees must be permitted to wash their hands at least every 30 minutes.
- Employers must ensure that their 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.
- All customers and visitors of businesses and organizations described in the Order must wear face coverings over their noses and mouths to provide additional protection for employees and customers. The face coverings need not be medical-grade masks or N95 respirators, but can be fabric coverings, such as scarves and bandana coverings.
- A business owner may refuse admission or service to any individual who fails to wear face coverings as required by this Order.
- The Order further set forth several recommendations which include:
- All retail businesses described in the order are encouraged to install plexiglass to separate cashiers and customers at all points of sale.
- All people are encouraged to wear face coverings over their noses and mouths when they are outside their homes to obtain essential services and goods.
Failure to comply with the Mayor’s Order shall constitute a misdemeanor subject to fines and imprisonment.
The businesses specifically identified in the Order include the following (the paragraph letters correspond to the paragraphs in the Safer at Home Emergency Order):
All workers who work at businesses or perform services that are exempt under Paragraph 5(vii) of the City of Los Angeles Safer At Home Emergency Order, in the following subsections:
b. 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);
d. 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);
h. Hardware and building supply stores, day labor centers, and nurseries;
i. 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;
l. Laundromats, dry cleaners, and laundry service providers;
m. Restaurants and retail food facilities that prepare and offer food to customers, but only via delivery service, to be picked up, or drive-thru;
p. Individuals and businesses that ship or deliver groceries, food, beverages or goods directly to residences or businesses;
q. Taxis, ride sharing services, car rental companies, and other private transportation services;
v. Hotels, motels and shared rental units.
REIMBURSEMENT FOR COSTS REQUIRED
If an employer is unable to provide the face covering for their employees and the employee provides their own face covering, the employer must reimburse the employee for the costs they incurred in procuring or making their own face covering. This would be a reimbursable expense under the California Labor Code Section 2802.