There is a lot to report on a state and on the Los Angeles local level as we start February 2023.  This Friday’s Five covers updates on Cal/OSHA ETS, and LA City and County supplemental paid sick leave updates and newly announced minimum wages:

1. Los Angeles City COVID-19 supplemental paid Sick leave (SPSL) expires February 15

Los Angeles City COVID-19 Supplemental Paid Sick Leave set to expire on February 15, 2023. The Los Angeles City’s website provides the following:

“As a result of Mayor Garcetti and the City Council’s actions to end the COVID-19 Emergency Declaration on February 1, 2023, Mayor Garcetti’s Public Order regarding Supplemental Paid Sick Leave will expire two weeks after February 1, 2023.”

More information can be found on the City’s website here.

2. Los Angeles County’s COVID-19 emergency declaration remains in place, with no clear indication of when it will be lifted

Unlike the City, Los Angeles County has not lifted its COVID-19 emergency declaration, and employers with employees in the County still must comply with the County’s SPSL requirement.  For more information about the County’s SPSL requirements, see our prior article here.

When will the County lift its emergency?  There is no indication, and Los Angeles County Public Health Director Barbara Ferrer told the LA Times recently, “We’re not lobbying to extend the emergencies. What we are doing is taking a hard look at what protections are offered by the emergency declarations and, if things go away, what would be put in place to mitigate any unanticipated or unintended consequences.”

3. Cal/OSHA Emergency Temporary Standards (ETS) expired, and is replaced with COVID—19 Prevention Non-Emergency Regulations

On the state level, on Friday, February 3, Cal/OSHA’s COVID—19 Prevention Non-Emergency Regulations became effective replacing the Emergency Temporary Standards.  These regulations replace the Emergency Temporary Standards.  One of the biggest changes is the elimination of “exclusion pay” for employees who cannot work for certain COVID-related reasons.  The new regulations remain effective for two years, except for the record keeping requirements that will remain in effect for three years.  Cal/OSHA’s website setting forth updated fact sheets, FAQs, and an updated COVID-19 model written program is available here.

The new non-emergency regulations can be found here.

4. Los Angeles City Minimum Wage Increase Announced: $16.78 on July 1, 2023

On February 1, 2023, the City of Los Angeles announced that its minimum wage will increase to $16.78/hour on July 1, 2023. More information and the required updated poster is available on the City’s website.

5.  Los Angeles County Minimum Wage Increased Announced: $16.90 on July 1, 2023

County of Los Angeles maintains its own minimum wage, and the county recently announced that as of July 1, 2023, its minimum wage will increase to $16.90/hour. The County’s website with more information and updated workplace posters is available here.

Employers with employees in Los Angeles City and County need to start planning for the increased minimum wage now.  Learn more about key items employers need to consider for compliance with the state and local minimum wage requirements for California in our article here.