Los Angeles County Municipal Code Ch. 11.01 Preventing Retaliation for Reporting Public Health Violations

The Ordinance codified in this Chapter shall be known as the "Preventing Retaliation for Reporting Public Health Violations Ordinance."

(Ord. 2020-0065U § 1, 2020.)

Whenever used in this Chapter, the following words and phrases shall be defined as set forth in this Section.

A.

"Worker" means any employee who performs work for an Employer within the unincorporated areas of the County of Los Angeles or within any city that incorporates the entirety of this ordinance into its municipal code.

B.

"Employer" means any person, as defined in section 18 of the California Labor Code, including a corporate officer or executive, who directly or indirectly, or through an agent or any other person, including through the services of a temporary service or staffing agency or similar entity, employs any Workers or exercises control over the wages, hours, duties, or working conditions of any Workers. This Chapter and the definition of "Employer" do not apply to federal, State, or local government entities.

C.

"Health Officer Order" means any order or protocol issued by the Los Angeles County Health Officer.

D.

"Public Health Council" means a group of Workers, not including supervisors or managers, whose purpose is to educate and inform other Workers for the same Employer regarding any Health Officer Order, any protections for Workers under Title 11 of this Code, any local emergency related to public health proclaimed by the Board of Supervisors, or any public health emergency declared by the Los Angeles County Health Officer.

(Ord. 2023-0035 § 2, 2023; Ord. 2020-0065U § 1, 2020.)

A.

No Employer may discriminate in any manner or take adverse action, including but not limited to termination, constructive termination, demotion, pay reduction, or reduction in hours, against any Worker in retaliation for:

Reporting to the County of Los Angeles, its Department of Public Health, any other County departments or designees, non- County agencies or entities, the Worker's Employer, other Workers, or Public Health Councils about the Employer's or another Worker's perceived noncompliance with a Health Officer Order, this Chapter, or any other Chapter of Title 11 of this Code;

Discussing with the County of Los Angeles, its Department of Public Health, any other County departments or designees, non-County agencies or entities, the Worker's Employer, other Workers, or Public Health Council the Employer's, or another Worker's, perceived noncompliance with a Health Officer Order, this Chapter, or any other Chapter of Title 11 of this Code;

Belonging to or forming a Public Health Council;

Informing any Worker of his or her rights under this Chapter or any other Chapter of Title 11 of this Code, or assisting such Worker in exercising such rights;

Exercising any right provided under this Chapter; or

Discussing with another Worker a local emergency related to public health proclaimed by the Board of Supervisors or a public health emergency declared by the Los Angeles County Health Officer.

B.

The protections of this Section shall apply to all communications and actions of a Worker set forth above in subsections A.1 through and including A.6 that are made in good faith.

C.

Taking adverse action against a Worker within 90 days of the Worker's exercise of rights protected under this Section shall raise a rebuttable presumption of having done so in retaliation for the exercise of such rights.

(Ord. 2023-0035 § 3, 2023; Ord. 2020-0065U § 1, 2020.)

A.

The Department of Consumer and Business Affairs ("DCBA") shall prepare and provide a notice informing workers of their rights under this Chapter for posting in order for employers to comply with this Section. The DCBA shall make available electronic and hardcopy versions of such notice.

B.

Every employer shall post in a conspicuous place at any workplace or jobsite within the geographic boundaries of the County of Los Angeles ("the County") where any Worker works, excluding cities with their own Health Officer, the notice provided by the DCBA informing Workers of their rights under this Chapter. Employers who do not have a physical jobsite within the geographic boundaries of the County must provide a copy of the notice to each worker who performs work within the geographic boundaries of the County, excluding cities with their own Health Officer.

C.

If, during the course of an investigation or compliance check, the DCBA determines that there is a violation of this provision, the DCBA may issue and serve a Correction Order on the employer immediately requiring them to post the notice. The Correction Order shall identify the violation to be corrected and allow a reasonable amount of time to correct the violation.

D.

An administrative fine of up to $500 payable to the County may be assessed for a violation of this provision. The fine may be assessed and communicated to the employer according to the rules developed by the DCBA under section 11.01.060 of this Chapter. Each day of a continuing violation constitutes a new and separate violation.

(Ord. 2022-0064 § 1, 2022.)

A.

Any complaints alleging a violation of this Chapter must be lodged with the Department of Public Health or any of its agents or designees.

B.

The Department of Consumer and Business Affairs shall act as an agent for the Department of Public Health to investigate any complaint under this Chapter.

C.

The Department of Consumer and Business Affairs may issue a finding that an Employer has violated this Chapter no later than one year after receiving the corresponding complaint.

(Ord. 2020-0065U § 1, 2020.)

Any Employer who violates this Chapter may be subject to an administrative fine not to exceed $10,000 per violation per day pursuant to Chapter 1.25 of this Code.

(Ord. 2020-0065U § 1, 2020.)

The Department of Consumer and Business Affairs may develop rules for the administration and implementation of this Chapter. A copy of such rules shall be filed with the Executive Officer of the Board and shall be in effect immediately thereafter.

(Ord. 2020-0065U § 1, 2020.)

A.

Any Worker aggrieved by an act made unlawful by this Chapter, or County Counsel on behalf of such Worker, may, within three years of an Employer's last act made unlawful by this Chapter, bring an action in the Superior Court of the State of California against that Employer for violations of this Chapter, and the aggrieved Worker may be awarded:

Where applicable, hiring or reinstatement to the position(s) sought or held before the alleged unlawful act, or front pay in lieu thereof.

All actual damages (including, but not limited to, lost pay and benefits and noneconomic damages) suffered by the Worker, or statutory damages in the sum of $10,000 per violation, whichever is greater.

Punitive damages pursuant to California Civil Code section 3294.

B.

The court shall award reasonable attorneys' fees and costs to the prevailing party, including to a Worker, to County Counsel, or to an Employer who prevails in a lawsuit by a Worker and demonstrates that the Worker's lawsuit was frivolous.

(Ord. 2020-0065U § 1, 2020.)

A.

Before a civil action is filed by a Worker or County Counsel under Section 11.01.070, the following requirements must be met:

The Worker or County Counsel must provide written notice to the Employer of the provisions of this Chapter alleged to have been violated and the facts to support the alleged violations; and

The Employer fails to cure the alleged violations of this Chapter within fifteen (15) business days of receiving such written notice.

(Ord. 2020-0065U § 1, 2020.)

If any section, subsection, sentence, clause, or phrase of this urgency ordinance is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion(s) of this urgency ordinance. The Board hereby declares that it would have passed this urgency ordinance and every section, subsection, sentence, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared unconstitutional or invalid.

(Ord. 2020-0065U § 1, 2020.)