Los Angeles Enacts Local COVID-19 Ordinances Impacting Employers

Strategic Insights -

The County and City of Los Angeles have enacted ordinances affecting employers during the COVID-19 pandemic. The County's ordinance, passed on April 28, 2020, requires private employers with 500 or more employees nationwide to provide supplemental paid sick leave (SPSL) to certain workers affected by COVID-19. The Los Angeles City Council passed similar ordinances on April 29, 2020, but with notable changes and exceptions. The ordinances aim to support workers impacted by the pandemic, providing them with additional rights and protections.

Key Takeaways:

  • The County of Los Angeles requires private employers with 500 or more employees nationwide to provide SPSL to certain workers affected by COVID-19.
  • Covered employees include those who perform work within the geographic boundaries of the County and were employed as of April 28, 2020.
  • SPSL is available for up to 80 hours, based on the employee's highest average two-week pay between January 1, 2020, and April 28, 2020, or their average two-week pay over the same period.
  • SPSL cannot exceed $511 per day or $5,110 in total.
  • Employers can exclude Emergency Responders or Health Care Providers, as well as food sector workers, who are eligible for similar leave through Governor Newsom's Executive Order N-51-20.
  • Employers can require documentation for employees to use SPSL.
  • The City of Los Angeles has passed revised versions of worker protection ordinances, including the Right of Recall Ordinance and the Worker Retention Ordinance.
  • The Right of Recall Ordinance requires employers to offer, in writing, any new positions that become available to certain "Laid Off Workers."
  • The Worker Retention Ordinance requires the "Incumbent Business" to provide the "Successor Business" with a list of its workers, so that the Successor can give them priority in hiring.

Statistics:

  • The County of Los Angeles requires employers with 500 or more employees nationwide to provide SPSL.
  • Covered employees include those who perform work within the geographic boundaries of the County and were employed as of April 28, 2020.
  • SPSL is available for up to 80 hours, based on the employee's highest average two-week pay between January 1, 2020, and April 28, 2020, or their average two-week pay over the same period.
  • SPSL cannot exceed $511 per day or $5,110 in total.
  • The Los Angeles City Council passed revised versions of worker protection ordinances on April 29, 2020.

Sources:

  • Seyfarth Shaw LLP
  • Los Angeles County
  • Los Angeles City Council
  • Governor Newsom's Executive Order N-51-20