Many employers are confused about the requirements of when employees who have had COVID-19 or been exposed to COVID-19 can return to work. They are rightfully confused because there are many different federal, state, and local guidelines being published the contradict each other. So I wanted to take a step back and address the simple
On Wednesday, April 29, the Los Angeles City Council adopted the Worker Retention and Right of Recall Ordinances. During the April 22 Council meeting, the Ordinances were amended, among other things, to cover only certain businesses. Specifically, only airport businesses, commercial property businesses, event center businesses, and hotel businesses (and restaurants within the physical premises
Due to the effect COVID-19 has had on the economy and across all industries, Los Angeles City has been in the forefront of protecting the workforce by providing further benefits and protections to workers. Simultaneously, however, new worker protections effectively translate into new burdens on employers.
Last week, the City Council addressed and amended two
[Update – On September 8, 2020, the EEOC updated its guidelines – click here for the updated guidance.]
Today, April 23, 2020, the EEOC issued new guidance to employers that permits mandatory testing of employees for the presence of the COVID-19 virus prior to entering the workplace. The EEOC issued the guidance on its
On April 16, 2020, Governor Gavin Newsom issued Executive Order N-51-20, which provides new paid sick leave to certain food service workers. Citing a need to fill a “gap” left by the federal Families First Coronavirus Response Act, which applies solely to employers with fewer than 500 employees, this new Executive Order provides up to 80 hours of “COVID-19 Supplemental Paid Sick Leave” to defined food sector workers.
(Zaller Law Group is hosting a free webinar on Friday, April 24, 2020, to discuss this new Executive Order and answer your questions. Join us for Understanding California’s New Paid Sick Leave Requirements For Food Sector Employees.)
Here is what you need to know.
Executive Order N-51-20 applies to employers with 500 or more employees in the United States, including full-time and part-time workers but not including independent contractors. Employees on leave of any kind are counted, but employees furloughed or laid off are not counted unless and until they are reemployed.
The Executive Order expressly applies to any “Delivery Network Company” (companies that use a website or mobile app to enable local delivery of products/food from third-party merchants; think Postmates or GrubHub) and any “Transportation Network Company” (companies that provide transportation services using online apps/platforms that connect passengers with drivers using a personal vehicle; think Uber or Lyft) that employs 500 or more employees.
As with the FFCRA and FMLA, common employees of joint or integrated employers must be counted together.
There is one exception: if, as of April 16, 2020, the employer already provides a “supplemental benefit” such as paid leave that provides the same or greater benefit provided by this Executive Order, then the employer does not have to provide the COVID-19 Supplemental Paid Sick Leave.
The Executive Order applies to “Food Sector Workers,” which it defines as any person who satisfies one of the following criteria:Continue Reading California’s COVID-19 Supplemental Paid Sick Leave Order: What Employers Need to Know
Many essential businesses operating in Los Angeles are asking what if any obligations do they have in regards to customer face coverings coming to their businesses for goods and services. As explained below, the confusion stems from the County’s and City’s often contradictory orders and guidance issued on this topic.
County of Los Angeles
The
The Los Angeles County Board of Supervisors is considering an emergency measure that would place further requirements on businesses operating within the County of Los Angeles. Just as the City of Los Angeles passed two weeks ago, the County is considering requiring employers to provide 80 hours of paid sick leave. Moreover, the
By Rick Reyes
On Wednesday, April 1, 2020, the Department of Labor (DOL) issued a temporary rule addressing and clarifying multiple issues with respect to the Families First Coronavirus Response Act (FFCRA), including the Emergency Paid Sick Leave Act (EPSLA) and the Emergency Family and Medical Leave Expansion Act (FMLA Expansion). The 124-page temporary
In struggling to stay current on rapidly changing workplace rules and regulations in the midst of this pandemic, essential business operators need to address yet another new reality: there is a good chance an employee will test positive for COVID-19, or has been exposed to someone suspected or confirmed with COVID-19. The
Many local cities and counties throughout California are enacting orders requiring employers to provide personal protective equipment to employees among other items. For example, as of midnight on April 9, 2020, the Los Angeles Mayor Garcetti’s Worker Protection Order becomes effective. The order requires the following in Los Angeles City: