Los Angeles Municipal Code Ch. XX Covid-19 Protection and Recovery

• Editor’s note: The caption for Chapter XX has been added at the discretion of the Code editor.

  Article

  3-72MM Grocery, Drug Retail and Food Delivery Worker Protection

  4-72J-A COVID-19 Right of Recall

  4-72J-B COVID-19 Worker Retention Ordinance

  5-72HH COVID-19 Supplemental Paid Sick Leave

  6 Limit on Third-party Food Delivery Service Fees

  8 Face Covering

  9 Premium Hazard Pay for On-site Grocery and Drug Retail Workers

  10 Proof of Full Vaccination with a COVID-19 Vaccine Required to Enter Certain Public Locations

  11 Waiver of Noncompliance and Related Inspection Fees, Fines, and Penalties

  ARTICLE 2-72TT

  GROCERY SHOPPING PRIORITY FOR ELDERLY AND DISABLED RESIDENTS

  (Repealed by Ord. No. 187,487, Eff. 6/23/22.)

  ARTICLE 3-72MM

  GROCERY, DRUG RETAIL AND FOOD DELIVERY WORKER PROTECTION

  (Added by Ord. No. 186,591, Eff. 4/10/20.)

  Section
  200.10 Purpose.
  200.11 Definitions.
  200.12 Right to Schedule Changes.
  200.13 Additional Work Hours Offered to Current Employees Before Hiring New Workers.
  200.14 Additional Requirement for Food Deliveries.
  200.15 Retaliatory Action Prohibited.
  200.16 Enforcement.
  200.17 No Waiver of Rights.
  200.18 Coexistence with Other Available Relief.
  200.19 Conflicts.
  200.20 Sunset.
  200.21 Severability.

As a result of the outbreak of the COVID-19 virus, on March 4, 2020, Governor Gavin Newsom declared a State of Emergency in California and Mayor Eric Garcetti declared a State of Emergency in the City of Los Angeles. On March 11, 2020, the World Health Organization officially declared the health crisis a pandemic. The COVID-19 pandemic (Pandemic) has rapidly forced the closure of schools and many businesses, including, but not limit to, movie theaters, bars, restaurants and venues holding group events. On March 19, 2020, Mayor Garcetti issued a “Safer at Home” emergency order, ordering all residents to stay inside their homes and immediately limit all movement outside their homes beyond what is necessary to take care of essential needs. On March 19, 2020, Governor Gavin Newsom also ordered all individuals living in the State of California to stay home or at the place of residence with certain exceptions.

The pandemic has resulted in the closure of many businesses throughout the City. Supermarkets, grocery stores, warehouse food stores, and drug retail stores have remained opened during this health crisis, giving many residents the only means to purchase necessary and essential food and household items. The pandemic has resulted in long customer lines and often large numbers of customers inside the stores.

Many people rely on food delivery platforms such as Instacart, Amazon Fresh, Postmates, Uber Eats, Grub Hub, and Doordash to purchase their groceries and restaurant foods. Delivery drivers and the consumers they service are doing their best to practice social distancing to reduce the risk of spreading the virus.

Workers at grocery and drug retail stores and food delivery platforms have joined the front-line responders to the public health emergency, ensuring the public continues to have access to essential needs. These workers are taking precautions to minimize the risk of exposure to themselves and the public they serve, including employing social distancing, while they also face the same hardships most Angelenos now face regarding child care needs during school closures and caring for sick and/or elderly family members. Through this ordinance, the City seeks to enhance the protection of the public health and safety of workers and residents.

The following definitions shall apply to this article:

A. “City” means the City of Los Angeles.

B. “Employee” means any worker of a grocery retail, drug retail store or Food Delivery Platform that either physically works at a retail location that is open to the public, or shops or picks-up groceries and other food orders from a grocery retail store, restaurant, or other retail food facility for the purpose of delivering the items to a consumer. For purposes of this article, a worker is presumed to be an Employee of an Employer, and an Employer has the burden to demonstrate that a worker is a bona fide independent contractor and not an Employee.

C. “Employer” means any of the following:

1. A grocery retail store in the City of Los Angeles that sells primarily food or household goods, including the sale of fresh produce, meats, poultry, fish, deli products, dairy products, canned foods, dry foods, beverages, baked foods, and/or prepared foods; 2. A drug retail store in the City of Los Angeles that sells a variety of prescription and nonprescription medicines and miscellaneous items, including but not limited to drugs, pharmaceuticals, sundries, fresh produce, meats, poultry, fish, deli products, dairy products, canned foods dry foods, beverages, prepared foods, and other merchandise; or 3. A Food Delivery Platform. D. “Food Delivery Platform” means an online business that acts as an intermediary between a consumer and a grocery store, restaurant, or other food facility, and arranges for the delivery of the order from the grocery store, restaurant, or other food facility to a consumer in the City of Los Angeles.

A. An Employer shall approve an Employee’s request to change a work schedule under any of the following circumstances:

1. To provide daycare for the Employee’s own child;

2. To care for a sick member of the Employee’s immediate family or member of its household; or

3. If the Employee feels ill, exhibits a symptom of COVID-19 as identified by the Center for Disease Control, or suspects having been exposed to COVID-19.

Before hiring a new Employee or using a contract, temporary service or staffing agency to perform work, an Employer shall first offer the work to current Employees if:

A. The current Employee is qualified to do the work as reasonably determined by the Employer; and

B. The additional work hours would not result in the payment of a premium rate under California Labor Code Section 510.

A Food Delivery Platform shall offer its Employee the option of a “no-contact’ delivery method. A Food Delivery Platform shall provide its Employee with written guidance and detailed instructions on how safely to make a “no- contact” delivery.

No Employer shall discharge, reduce in compensation, reduce work hours, or otherwise discriminate against any Employee for opposing any practice proscribed by this article, for participating in proceedings related to this article, for seeking to enforce their rights under this article by any lawful means, or for otherwise asserting rights under this article.

A. An Employee claiming a violation of this article may bring an action in the Superior Court of the State of California against an Employer and may be awarded:

1. Reinstatement to the position from which the Employee was discharged in violation of this article.

2. Back pay for each day during which the violation continues, which shall be calculated at the Employee’s average rate of pay.

3. Other legal or equitable relief the court may deem appropriate.

B. If an Employee is the prevailing party in any legal action taken pursuant to this article, the court shall award reasonable attorneys’ fees and costs.

Any waiver by an Employee of any provision in this article shall be deemed contrary to public policy and shall be void and unenforceable.

The provisions of this article shall not be construed as limiting an Employee’s right to obtain relief to which they may be entitled at law or in equity.

Nothing in this article shall be interpreted or applied so as to create any power or duty in conflict with any federal or state law.

This section shall sunset upon the later of either the Governor of the State of California lifting the Governor’s emergency order declared on March 4, 2020, or the Mayor of the City of Los Angeles lifting the State of Emergency declared on March 4, 2020.

If any subsection, sentence, clause or phrase of this article is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this article. The City Council hereby declares that it would have adopted this section, and each and every subsection, sentence, clause and phrase thereof not declared invalid or unconstitutional, without regard to whether any portion of the article would be subsequently declared invalid or unconstitutional.

ARTICLE 4-72J-A

COVID-19 RIGHT OF RECALL

(Added by Ord. No. 186,602, Eff. 6/14/20.)

Section 200.30 Purpose. 200.31 Definitions. 200.32 Right of Recall. 200.33 Enforcement. 200.34 Exemption for Collective Bargaining Agreement. 200.35 No Waiver of Rights. 200.36 Severability. 200.37 Report. 200.38 Retaliatory Action Prohibited. 200.39 Rules and Regulations.

As a result of the COVID-19 pandemic and “Safer at Home” declarations by California Governor Gavin Newsom and Los Angeles Mayor Eric Garcetti, issued to protect the public health and welfare, many workers in the City of Los Angeles are facing significant job and economic insecurity. Workers at the Airport, in the Hospitality Industry and those who provide services to Commercial Property are especially impacted by worker lay-offs as a result of the pandemic because travel has been severely halted and businesses in the industry cannot easily adjust to the lack of patronage during the crisis. The Stay-At-Home Orders have severely impacted Commercial Property services as many offices and stores are closed. To ensure fair employment practices during the economic upheaval resulting from the pandemic and to reduce the demand on government-funded social services, the City hereby enacts legal protections for workers laid off due to the pandemic.

The following definitions shall apply to this article:

A. “Airport” means the City of Los Angeles Department of Airports and each airport it operates in the City.

B. “Airport Employer” means any employer that provides any service at the Airport or provides any service to any employer servicing the Airport, and is required to comply with the Los Angeles Living Wage Ordinance, Los Angeles Administrative Code Sections 10.37 et seq. An Airport Employer does not include:

1. An airline; or

2. An employer that is party to an agreement with the Airport that contains a worker rehire requirement.

C. “City” means the City of Los Angeles.

D. “Commercial Property Employer” means an owner, operator, manager or lessee, including a contractor, subcontractor or sublessee, of a non- residential property in the City that employs 25 or more janitorial, maintenance or security service workers. Only the janitorial, maintenance, and security service workers who perform work for a Commercial Property Employer are covered by this article.

E. “Employer” means an Airport Employer, a Commercial Property Employer, an Event Center Employer, and a Hotel Employer. For purposes of this Article, an “Employer” does not include non- profit institutions of higher learning that operate medical centers in the City of Los Angeles.

F. “Event Center Employer” means an owner, operator or manager of a publicly or privately owned structure in the City of more than 50,000 square feet or with a seating capacity of 1,000 seats or more that is used for public performances, sporting events, business meetings or similar events. An event center includes, but is not limited to, concert halls, stadiums, sports arenas, racetracks, coliseums, and convention centers.

G. “Hotel Employer” means an owner, operator or manager of a residential building in the City designated or used for public lodging or other related service for the public and either contains 50 or more guestrooms or has earned gross receipts in 2019 exceeding $5 million. A Hotel Employer includes the owner, operator, manager or lessee of any restaurant physically located on hotel premises.

H. “Laid Off Worker” means any person who, in a particular week, performs at least two hours of work within the geographical boundaries of the City for an Employer, has a Length of Service with the Employer of six months or more, and whose most recent separation from active employment by the Employer occurred on or after March 4, 2020, as a result of a lack of business, a reduction in work force or other economic, non-disciplinary reason. This ordinance creates a rebuttable presumption that any termination occurring on or after March 4, 2020, was due to a non-disciplinary reason. For purposes of this article, a Laid Off Worker does not include a manager, supervisor, confidential employee or a person who performs as their primary job responsibility sponsorship sales for an Event Center Employer.

I. “Length of Service” means the total of all periods of time during which a Worker has been in active service to an Employer, including periods of time when the Worker was on leave or vacation.

A. Priority for Laid Off Workers. An Employer shall make the offer to a Laid Off Worker, in writing, to the last known mailing address, electronic mail, and text message phone number, of any position which is or becomes available after the effective date of this article for which the Laid Off Worker is qualified. A Laid Off Worker is qualified – and must be offered a position in the order of priority below – if the Laid Off Worker: (1) held the same or similar position at the same site of employment at the time of the Laid Off Worker’s most recent separation from active service with the Employer; or (2) is or can be qualified for the position with the same training that would be provided to a new worker hired into that position. If more than one Laid Off Worker is entitled to preference for a position, the Employer shall offer the position to the Laid Off Worker with the greatest Length of Service in (1) and then (2) with the Employer at the employment site.

B. Time Limit. A Laid Off Worker who is offered a position pursuant to this article shall be given no less than five (5) business days in which to accept or decline the offer.

A. A Laid Off Worker may bring an action in the Superior Court of the State of California against an Employer for violations of this article and may be awarded:

1. Hiring and reinstatement rights pursuant to this article.

2. All actual damages (including, but not limited to, lost pay and benefits) suffered by the Laid Off Worker and for statutory damages in the sum of $1,000, whichever is greater.

3. Punitive damage, pursuant to California Civil Code Section 3294.

4. The court shall award reasonable attorneys’ fees and costs to a Laid Off Worker who prevails in any such enforcement action and to an Employer who prevails and obtains a court determination that the

Worker’s lawsuit was frivolous.

B. A civil action by a Laid Off Worker alleging a violation of any provision of this article shall commence only after the following requirements have been met:

1. The Laid Off Worker provides written notice to the Employer of the provisions of the article alleged to have been violated and the facts to support the alleged violation; and

2. The Employer is provided 15 days from receipt of the written notice to cure any alleged violation.

C. Notwithstanding any provision of this Code, or any other ordinance to the contrary, no criminal penalties shall attach for violation of this article.

A collective bargaining agreement in place on the effective date of this article that contains a right of recall provision shall supersede the provision this article. When the collective bargaining agreement expires or is otherwise open for renegotiation, the provisions of this article may only be waived if the waiver is explicitly set forth in the agreement in clear and unambiguous terms. If a collective bargaining agreement is in place on the effective date of this article but the agreement does not include a right of recall provision, this article applies. A collective bargaining agreement may be amended at any time to explicitly waive with clear and unambiguous terms the provisions of this article.

Except for a collective bargaining agreement provision made pursuant to Section 200.34, any waiver by a worker of any or all provisions of this article shall be deemed contrary to public policy and shall be void and unenforceable. Other than in connection with the bona fide negotiation of a collective bargaining agreement, any request by an Employer to a worker to waive rights given by this article shall constitute a violation of this article.

If any subsection, sentence, clause or phrase of this article is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this article. The City Council hereby declares that it would have adopted this article and each and every subsection, sentence, clause and phrase thereof not declared invalid or unconstitutional, without regard to whether any portion of the article would be subsequently declared invalid or unconstitutional.

Before March 1, 2022, the Chief Legislative Analyst shall report to the City Council and Mayor on the effectiveness of the provisions of this article in protecting workers’ stability of employment, recommendations for additional protections that further the intent of this article, and whether the provisions of the article are still necessary based on the City’s recovery from the impacts of the COVID-19 pandemic.

No Employer shall discharge, reduce in compensation, or otherwise discriminate against any worker for opposing any practice proscribed by this article, for participating in proceedings related to this article, for seeking to exercise their rights under this article by any lawful means, or for otherwise asserting rights under this article.

The Office of Wage Standards of the Bureau of Contract Administration shall promulgate Rules and Regulations that will be updated when necessary consistent with this article for further clarification of the provisions of this article. The Rules and Regulations shall be posted on the WagesLA.lacity.org website.

ARTICLE 4-72J-B

COVID-19 WORKER RETENTION ORDINANCE

(Added by Ord. No. 186,603, Eff. 6/14/20.)

Section 200.40 Purpose. 200.41 Definitions. 200.42 Business Worker Retention. 200.43 Retaliatory Action Prohibited. 200.44 Enforcement. 200.45 Exemption for Collective Bargaining Agreement. 200.46 No Waiver of Rights. 200.47 Severability. 200.48 Report. 200.49 Rules and Regulations.

As a result of the COVID-19 pandemic and “Safer at Home” declarations by California Governor Gavin Newsom and Los Angeles Mayor Eric Garcetti, issued to protect the public health and welfare, many workers in the City of Los Angeles are facing significant job and economic insecurity. Workers at the Airport, in the Hospitality Industry, and those who provide services to Commercial Property are especially impacted by worker layoffs as a result of the pandemic because travel has been severely halted and businesses in the industry cannot easily adjust to the lack of patronage during the crisis. The Stay-At-Home Orders have severely impacted Commercial Property services as many offices and stores are closed. To ensure fair employment practices during the economic upheaval resulting from the pandemic and to reduce the demand on government-funded social services, the City hereby enacts legal protections for workers when a business changes ownership.

The following definitions shall apply to this article:

A. “Airport” means the City of Los Angeles Department of Airports and each airport which it operates in the City.

B. “Airport Business” means a business that provides any service at the Airport or provides any service to any business servicing the Airport, and is required to comply with the Los Angeles Living Wage Ordinance, Los Angeles Administrative Code Sections 10.37 et seq. An “Airport Business” does not include:

1. An airline: or

2. A Business that is a party to an agreement with the Airport that contains a worker retention requirement.

C. “Business” means an Airport Business, Commercial Property Business, an Event Center Business, or a Hotel Business.

D. “Change in Control” means any sale, assignment, transfer, contribution, or other disposition of all or substantially all of the assets used in the operation of a Business, or a discrete portion of a Business that

continues to operate as the same type of Business of the Incumbent Business Employer, or any Person who controls the Incumbent Business Employer.

E. “City” means the City of Los Angeles.

F. “Commercial Property Business” means an owner, operator, manager, or lessee, including a contractor, subcontractor, or sublessee, of a non-residential property in the City that employs 25 or more

janitorial, maintenance, or security service workers. Only the janitorial, maintenance, and security service workers who perform work for a Commercial Property Business are covered by this article.

G. “Employment Commencement Date” means the date on which a Worker retained by the Successor Business Employer pursuant to this article commences work for the Successor Business Employer in exchange for compensation under the terms and conditions established by the Successor Business Employer or as required by law.

H. “Event Center Business” means an owner, operator, or manager of a publicly or privately owned structure in the City of more than 50,000 square feet or with a seating capacity of 1,000 seats or more that is used for public performances, sporting events, business meetings, or similar events. An “Event Center Business” includes, but is not limited to, concert halls, stadiums, sports arenas, racetracks, coliseums, and convention centers.

I. “Hotel Business” means an owner, operator or manager of a residential building in the City designated or used for public lodging or other related service for the public and either contains 50 or more

guestrooms or has earned gross receipts in 2019 exceeding $5 million. A “Hotel Business” includes the owner, operator, manager, or lessee of any restaurant physically located on hotel premises.

J. “Incumbent Business Employer” means the Person who owns, controls, or operates a Business prior to the Change in Control.

K. “Length of Service” means the total of all periods of time during which a Worker has been in active service to an employer, including periods of time when the Worker was on leave or vacation.

L. “Person” means an individual, corporation, partnership, limited partnership, limited liability company, business trust, estate, trust, association, joint venture, agency, instrumentality, or any other legal or commercial entity, whether domestic or foreign.

M. “Successor Business Employer” means the Person who owns, controls, or operates a Business after the Change in Control.

N. “Transfer Document” means the purchase agreement or other documents creating a binding arrangement to effect the Change in Control.

O. “Worker” means an individual employed by the Incumbent Business Employer: (1) who has a Length of Service with the Incumbent Business Employer for six months or more; (2) whose primary place of employment is a Business subject to a Change in Control; (3) who is employed or contracted to perform work functions directly by the Incumbent Business Employer, or by a Person who has contracted with the Incumbent Business Employer to provide services at the Business subject to the Change in Control; and (4) who worked for the Incumbent Business Employer on or after March 4, 2020, and prior to the execution of the Transfer Document. “Worker” does not include a managerial, supervisory, or confidential employee.

A. Business Employer’s Responsibilities.

1. The Incumbent Business Employer shall, within 15 days after execution of a Transfer Document, provide to the Successor Business Employer the name, address, date of hire, and occupation classification of

each Worker.

2. The Successor Business Employer shall maintain a preferential hiring list of Workers identified by the Incumbent Business Employer as set forth in Subsection A.1. of this section, and shall be required to hire

from that list for a period beginning upon the execution of the Transfer Document and continuing for six months after the Business is open to the public under the Successor Business Employer.

3. If the Successor Business Employer extends an offer of employment to a Worker, the Successor Business Employer shall retain written verification of that offer for no fewer than three years from the date the

offer was made. The verification shall include the name, address, date of hire, and occupation classification of each Worker.

B. Transition Employment Period.

1. A Successor Business Employer shall retain each Worker hired pursuant to this article for no fewer than 90 days following the Worker’s Employment Commencement Date. During the 90-day transition
employment period, a Worker shall be employed under reasonable terms and conditions of employment or as required by law. The Successor Business Employer shall provide a Worker with a written offer of
employment for the transition period. This offer shall remain open for at least ten business days from the date of the offer.

2. If, within the period established by Section 200.42 A.2., the Successor Business Employer determines that it requires fewer Workers than were required by the Incumbent Business Employer, the Successor
Business Employer shall offer the position to the Worker in the same occupational classification with the greatest Length of Service with the Incumbent Business Employer

3. During the 90-day transition employment period, the Successor Business Employer shall not discharge without cause a Worker retained pursuant to this article.

4. At the end of the 90-day transition employment period, the Successor Business Employer shall perform a written performance evaluation for each Worker retained pursuant to this article. If the Worker’s
performance during the 90-day transition employment period is satisfactory, the Successor Business Employer shall consider offering the Worker continued employment under the terms and conditions established
by the Successor Business Employer or as required by law. The Successor Business Employer shall retain a record of the written performance evaluation period of no fewer than three years.

C. Notice of Change in Control.

1. The Incumbent Business Employer shall post written notice of the Change in Control at the location of the affected Business within five business days following the execution of the Transfer Document. Notice shall remain posted during any closure of the Business and for six months after the Business is open to the public under the Successor Business Employer.

   2. Notice shall include, but not be limited to, the name of the Incumbent Business Employer and its contact information, the name of the Successor Business Employer and its contact information, and the effective date of the Change in Control.

   3. Notice shall be posted in a conspicuous place at the Business visible to Workers, other employees, and applicants for employment.

No Incumbent or Successor Business Employer employing a Worker shall discharge, reduce in compensation, or otherwise discriminate against any Worker for opposing any practice proscribed by this article, for participating in proceedings related to this article, for seeking to exercise their rights under this article by any lawful means, or for otherwise asserting rights under this article.

A. A Worker may bring an action in the Superior Court of the State of California against an Incumbent Business Employer or the Successor Business Employer for violations of this article and may be awarded:

1. Hiring and reinstatement rights pursuant to this article. For a Worker, the 90-day transition employment period begins on the Worker’s Employment Commencement Date with the Successor Business
Employer.

2. Front or back pay for each day the violation continues, which shall be calculated at a rate of compensation not less than the higher of:

a. The average regular rate of pay received by the Worker during the last three years of their employment in the same occupation classification; or

b. The most recent regular rate received by the Worker while employed by either the Business, Incumbent Business Employer, or the Successor Business Employer.

3. Value of the benefits the Worker would have received under the Successor Business Employer’s benefits plan.

B. A civil action by a Worker alleging a violation of any provision of this article shall commence only after the following requirements have been met:

1. The Worker provides written notice to the Incumbent Business Employer and/or the Successor Business Employer of the provisions of this article alleged to have been violated and the facts supporting the alleged violation; and

2. The Incumbent Business Employer and/or the Successor Business Employer is provided 15 days from receipt of the written notice to cure any alleged violation

C. The court shall award reasonable attorneys’ fees and costs to a Worker who prevails in any such enforcement action and to a Business employer who prevails and obtains a court determination that the Worker’s lawsuit was frivolous.

D. Notwithstanding any provision of this Code, or any other ordinance to the contrary, no criminal penalties shall attach for violation of this article.

A collective bargaining agreement in place on the effective date of this article that contains a worker retention provision shall supersede the provision this article. When the collective bargaining agreement expires or is otherwise open for renegotiation, the provisions of this article may only be waived if the waiver is explicitly set forth in the agreement in clear and unambiguous terms. If a collective bargaining agreement is in place on the effective date of this article but the agreement does not include a worker retention provision, this article applies. A collective bargaining agreement may be amended at any time to explicitly waive with clear and unambiguous terms the provisions of this article.

Except for a collective bargaining agreement provision made pursuant to Section 200.45, any waiver by a Worker of any or all provisions of this article shall be deemed contrary to public policy and shall be void and unenforceable. Other than in connection with the bona fide negotiation of a collective bargaining agreement, any request by a Business employer to a Worker to waive rights given by this article shall be a violation of this article.

If any subsection, sentence, clause or phrase of this article is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this article. The City Council hereby declares that it would have adopted this article and each and every subsection, sentence, clause and phrase thereof not declared invalid or unconstitutional, without regard to whether any portion of the article would be subsequently declared invalid or unconstitutional.

Before March 1, 2022, the Chief Legislative Analyst shall report to the City Council and Mayor on the effectiveness of the provisions of this article in protecting workers when a business changes ownership, recommendations for additional protections that further the intent of this article, and whether the provisions of the article are still necessary based on the City’s recovery from the impacts of the COVID-19 pandemic.

The Office of Wage Standards of the Bureau of Contract Administration shall promulgate Rules and Regulations that will be updated when necessary consistent with this article for further clarification of the provisions of this article. The Rules and Regulations shall be posted on the WagesLA.lacity.org website.

ARTICLE 5-72HH

COVID-19 SUPPLEMENTAL PAID SICK LEAVE

(Added by Ord. No. 186,590, Eff. 4/10/20.)

Section 200.51 Purpose. 200.52 Definitions. 200.53 COVID-19 Supplemental Paid Sick Leave. 200.54 Employee Request for Supplemental Paid Sick Leave. 200.55 Exemptions. 200.56 Employer Offset. 200.57 Enforcement. 200.58 Retaliatory Action Prohibited. 200.59 No Waiver of Rights. 200.60 Coexistence with Other Available Relief for Specific Deprivations of Protected Rights. 200.61 Conflicts. 200.62 Severability. 200.63 Expiration of Ordinance. 200.64 Exemption for Collective Bargaining Agreement.

As a result of the COVID-19 pandemic and “Safer at Home” emergency declarations by California Governor Gavin Newsom and Los Angeles Mayor Eric Garcetti, issued to protect the public health and welfare, many workers in the City of Los Angeles are facing significant job and economic insecurity. To ensure fair employment practices during the economic upheaval resulting from the pandemic and to reduce the demand on government-funded social services, the City hereby requires all employers in the City to provide its employees with supplemental paid sick leave for COVID-19 related reasons.

The following definitions shall apply to this article:

A. “City” means the City of Los Angeles.

B. “Employee” means an individual who performs any work within the geographic boundaries of the City for an Employer. For purposes of this article, a worker is presumed to be an Employee, and an Employer has the burden to demonstrate that a worker is a bona fide independent contractor and not an Employee.

C. “Employer” mean a person, as defined in Section 18 of the California Labor Code, including a corporate officer or executive, who directly or indirectly through an agent or any other person, including through the services of a temporary service or staffing agency or similar entity, employs or exercises control over the wages, hours or working conditions of any Employee. This article applies only to an Employer with 500 or more employees nationally.

D. “Person” means a person, association, organization, partnership, business trust, limited liability company or corporation.

E. “Supplemental Paid Sick Leave” means time an Employee is compensated by an Employer for COVID-19 related leave as described in Section 200.54.

F. “First Responder” means an employee of a state or local public agency who provides emergency response services, including any of the following:

1. A peace officer.

   2. A firefighter.

   3. A paramedic.

   4. An emergency medical technician.

   5. A public safety dispatcher or safety telecommunicator.

   6. An emergency response communication employee.

   7. Rescue service personnel.

A. An Employee who has been employed with the same Employer from February 3, 2020 through March 4, 2020, is entitled to Supplemental Paid Sick Leave as follows:

1. An Employee who works at least 40 hours per week or is classified as a full-time Employee by the Employer shall receive 80 hours of Supplemental Paid Sick Leave. Supplemental Paid Sick Leave shall be calculated based on an Employee’s average two week pay over the period of February 3, 2020 through March 4, 2020.

2. An Employee who works less than 40 hours per week and is not classified as a full-time Employee by the Employer shall receive Supplemental Paid Sick Leave in an amount no greater than the Employee’s average two week pay over the period of February 3, 2020 through March 4, 2020.

B. In no event shall the Supplemental Paid Sick Leave amount paid to an Employee exceed $511 per day and $5,110 in the aggregate. Employees of joint Employers are only entitled to the total aggregate amount of leave specified for Employees of one Employer.

A. An Employer shall provide Supplemental Paid Sick Leave upon the oral or written request of an Employee if:

1. The Employee takes time off because a public health official or healthcare provider requires or recommends the Employee isolate or self-quarantine to prevent the spread of COVID-19;

2. The Employee takes time off work because the Employee is at least 65 years old or has a health condition such as heart disease, asthma, lung disease, diabetes, kidney disease, or weakened immune system;

3. The Employee takes time off work because the Employee needs to care for a family member who is not sick but who public health officials or healthcare providers have required or recommended isolation or self-quarantine; or

4. The Employee takes time off work because the Employee needs to provide care for a family member whose senior care provider or whose school or child care provider caring for a child under the age of 18 temporarily ceases operations in response to a public health or other public official’s recommendation.

B. An Employer may not require a doctor’s note or other documentation for the use of Supplemental Paid Sick Leave.

An Employer of an Employee who is either a First Responder or a health care provider as defined in Section 12945.2 of the California Government Code shall be exempt from this article.

An Employer’s obligation to provide 80 hours of Supplemental Paid Sick Leave under this article shall be reduced for every hour an Employer allowed an Employee to take paid leave in an amount equal to or greater than the requirements in Section 200.53, not including previously accrued hours, on or after March 4, 2020, for any of the reasons described in Section 200.54 A.1.-5.

A. An Employee claiming a violation of this article may bring an action in Superior Court of the State of California against an Employer and may be awarded:

1. Reinstatement to the position the Employee was discharged in violation of this article.

2. Back pay and Supplemental Paid Sick Leave unlawfully withheld, calculated at the Employee’s average rate of pay.

3. Other legal or equitable relief the court may deem appropriate.

B. If an Employee is the prevailing party in any legal action taken pursuant to this article, the court may award reasonable attorneys’ fees and costs as part of the costs recoverable.

No Employer shall discharge, reduce in compensation or otherwise discriminate against any Employee for opposing any practice proscribed by this article, for requesting to use or actually using Supplemental Paid Sick Leave under this article, for participating in proceedings related to this article, for seeking to enforce their rights under this article by any lawful means, or for otherwise asserting rights under this article.

Any waiver by an Employee of any or all of the provisions of this article shall be deemed contrary to public policy and shall be void and unenforceable.

With the exception of rights and remedies provided to employees pursuant to the federal Families First Coronavirus Response Act (HR 6201), the provisions of this article are in addition to or independent of any other rights, remedies, or procedures available under any other law and do not diminish, alter, or negate any other legal rights, remedies, or procedures available to an Employee.

Nothing in this article shall be interpreted or applied to create any power or duty in conflict with any federal or state law.

If any subsection, sentence, clause or phrase of this article is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this article. The City Council hereby declares that it would have adopted this article and each and every subsection, sentence, clause and phrase thereof not declared invalid or unconstitutional, without regard to whether any portion of the article would be subsequently declared invalid or unconstitutional.

Due to the extraordinary effects on employment resulting from the COVID-19 pandemic, this ordinance shall be in effect until December 31, 2020, unless the City Council takes an action to extend this ordinance.

All of the provisions of this article, or any part of, may be expressly waived in a collective bargaining agreement, but only if the waiver is explicitly set forth in the agreement in clear and unambiguous terms. Unilateral implementation of terms and conditions of employment by either party to a collective bargaining relationship shall not constitute, or be permitted to constitute, a waiver of all or any of the provisions of this article.

(Repealed by Ord. No. 187,487, Eff. 6/23/22.)