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Los Angeles Issues Updated and Expanded Worker Protection and Safer at Home Orders

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LOS ANGELES ISSUES UPDATED AND EXPANDED
WORKER PROTECTION AND SAFER AT HOME ORDERS
WORKER PROTECTION ORDERS UPDATED

On April 10, 2020 Mayor Garcetti issued a revision to the Worker Protection Order which he issued just a few days ago. The revised Order provides additional requirements for business owners which must be met by 11:59 p.m. on April 15, 2020.

The original Order remains in effect as to the requirement to wear a protective facial covering. The revised Order provides the following very specific measures that a business must undertake to ensure that social distancing protocols are and have been implemented. Many of these are specific as to retail establishments but others apply to all on-going business operations:

The Order provides the following:

Public Notice of Social Distancing Protocols​. The owner, manager, or operator of any business engaged in Essential Activities or Essential Infrastructure, shall prepare and post by no later than 11:59 p.m. on April 15, 2020, a Social Distancing Protocol for each of their facilities within the City of Los Angeles.

The Social Distancing Protocol must be:

(i)      substantially in the form attached to this Order as Appendix A. (Click here for the link to the Attachment which has been created by the County of Los Angeles Department of Public Health);

(ii)      posted at or near the entrance to the facility so that it is easily viewable by the public and employees; and

(iii)    provided to each employee performing work at the facility.

All such businesses shall implement the Social Distancing Protocol and provide evidence of its implementation to any authority enforcing this Order upon demand. The City of Los Angeles has adopted the County of Los Angeles Department of Public Health Social Distancing Protocol, available for download at: http://coronavirus.lacity.org/socialdistancingprotocol

Social Distancing Protocols must observe the following safety guidelines:

a)       limit the number of people who may enter into the facility at any one time to ensure that people in the facility can easily maintain, at all times, a minimum six (6) foot distance from others;

b)       designate where lines may form at a facility, marking six (6) foot increments at a minimum, establishing where individuals should stand to maintain adequate social distancing;

c)       provide hand sanitizer, soap and water, or effective disinfectant at or near the entrance of the facility and in other appropriate areas for use by the public and employees;

d)       post a sign in a conspicuous place at all public entries that instructs members of the public to not enter if they are experiencing symptoms of respiratory illness, including fever or cough, and to maintain social distancing from one another;

e)       regularly disinfect high-touch surfaces, including, without limitation all payment portals, pens, and styluses after each use. Businesses engaged in essential activities and essential infrastructure are encouraged to offer touch-less payment mechanisms, if feasible;

f)       provide employees and contracted workers whose duties require close contact (within 6 feet for 10 minutes or more) with other employees and/or the public with cloth face coverings;

g)       require that members of the public who enter the facility wear a face covering during their time in the facility; and

h)       adhere to communicable disease control recommendations provided by the Los Angeles County Department of Public Health, including guidance for cleaning and disinfecting the Site.

See guidance posted at: www.publichealth.lacounty.gov/media/Coronavirus/

Failure to comply with this Order shall constitute a misdemeanor subject to fines and imprisonment. I hereby urge the Los Angeles Police Department and the City Attorney to enforce this Order via Sections 8.77 and 8.78 of the Los Angeles Administrative Code.

Click here for a full copy of the Order or on the link below:

https://www.lamayor.org/sites/g/files/wph446/f/page/file/WorkerProtectionOrdAPR10.pdf

LOS ANGELES ISSUES REVISED SAFER AT HOME ORDER

On April 10, 2020 Mayor Garcetti also issued a revised Safer at Home Order which provides expanded restrictions that are imposed upon individuals and businesses and incorporates the Public Notice of Social Distancing Protocols mentioned above.

One of the most significant points set forth in the Order, at paragraph 2, provides that a “business that fails to cease operation (if they are not exempt) may be subject to having its water and power service shut off by the Department of Water & Power for not being in compliance with the Order.” Such would not occur until a written warning was issued.

The revised Order, at paragraph 5, details the “Exceptions” as to which activities are permissible and specifically details the certain business operations and activities that are exempt from the Order. Paragraph 5 (vii) sets forth which business operations may be considered exempt from the Order and should be carefully reviewed so that if you continue your business operations during the period of time that the Order remains in effect, such on-going operations does not violate the order.

The Order also provides that businesses that are not regarded as “essential” may be permitted to conduct minimum basic operations including inventory, security, custodial services, payroll and employee benefits processing, and any reasonable activities “designed to maximize the ability for its employees to work remotely from their homes”.

A full copy of the Order can be found here or click on the link below:

https://www.lamayor.org/sites/g/files/wph446/f/page/file/SaferAtHomeAPR10.pdf

In conjunction with the Mayor’s revised Order, the Los Angeles County Department of Public Health office issued their own revised Safer At Home Order for Control of COVID -19 which “amends and supersedes” the prior Orders that have been issued in the past few weeks (March 16, 19, 21, 27 and 31, 2020).

The Order specifically provides that effective April 10th and continuing through May 15, 2020 the Safer at Home order remains in effect.

The Los Angeles County Public Health Officer’s Order mirrors much of the language in the Mayor’s revised order and provides “definitions” of “Essential Activities” “Non-Essential Retail Businesses” “Essential Businesses” and “Social Distancing”.

A full copy of the Revised Public Health Order can be found here or click on the link below:

https://covid19.lacounty.gov/wp-content/uploads/HOO_Safer-at-Home-Order-for-Control-of-COVID_04102020.pdf

Businesses should review these orders to ensure that, if they remain operational, they fall within the specific definitions of an Essential Business so as not to incur fines and the potential shut off of their water and power.

Disclaimer: The information and guidance included in this newsletter is subject to change based on further rulings or guidance issued by State, federal and/or local authorities. The information being provided is based on guidelines, regulations, and recommendations as of the time of drafting.


This Newsletter is intended as a brief summary of employment law. While every effort has been made to ensure the accuracy of the information contained herein, it is not intended to serve as “legal advice,” or to establish an attorney-client relationship. If additional information is needed on any of the topics contained herein, please contact our office. All rights reserved. ©2020.