COVID-19 Update: Los Angeles City Council to Vote on Emergency Worker Protection Ordinances on March 27, 2020

Seyfarth Synopsis: On March 27, 2020, the Los Angeles City Council is slated to vote on several new worker protection ordinances, providing for, among other things, a right to reinstatement after layoffs during the pandemic, restrictions on hiring after a change in business ownership, and supplemental paid sick leave for COVID-19-related absences. Information on how to listen in on the March 27, 2020 City Council meeting can be found here.

Here is an overview of the key ordinances:

• Right-of-Recall Ordinance (Article 4-72J-A). This would, effective immediately, require locations in the City of Los Angeles to offer any new positions that become available to workers they recently laid off at that location, so long as those workers are “qualified” as defined by the Ordinance. It applies to workers with six months or more of service who are terminated on or after March 4, 2020. It does not apply to certain categories of workers, including managers and supervisors.
• Worker Retention Ordinance (Article 4-72J-B). This would require that any business transferred in the City of Los Angeles must give priority in new hiring to recently laid off workers of the predecessor entity. The rules generally apply to the first six months that the business is reopened. The Ordinance also prevents the reopened business from terminating workers hired under the Ordinance without cause for 90 days. This Ordinance also does not apply to certain categories of workers, including managers and supervisors.
• Grocery, Drug Retail, and Food Delivery Worker Protection Ordinance (Article 3-7MM).  This would require places like grocery retail stores, pharmacies, and food delivery platforms to approve employee schedule change requests related to childcare, illness, or COVID-19. It also requires that extra work first must be offered to current employees over hiring a new employee or contractor if the current employee is qualified and the extra work won’t result in premium pay.
• Grocery Shopping Priority for Elderly and Disabled Residents (Article 2-72TT).  Until the Mayor and Governor lift the state of emergency, retail food stores over 10,000 square feet must dedicate their first hour of business to disabled and over-60 customers every day, and stores between 2,500 and 10,000 square feet must do so at least three days per week. Notice of the restricted shopping hours must be placed prominently and on the store’s website where the regular store hours are posted.
• COVID-19 Supplemental Paid Sick Leave (Article 5-72HH).  This provides two weeks (up to $511/day and not to exceed $5,110 total) supplemental paid sick leave benefits to full and part time employees for COVID-19-related reasons. Under limited circumstances, the amount of the benefit may be offset by paid leave an employee already took for COVID-19-related reasons since March 4, 2020. The employer cannot require a doctor’s note.
• Tenant Protections Ordinance (Motion 72N). This would temporarily prohibit residential and commercial evictions for failure to pay rent for reasons related to the COVID-19 pandemic.

The ordinances apply to locations within the City of Los Angeles. Some addresses may look like they are outside the City when they are not, such as addresses in Van Nuys, Encino, and Canoga Park. The easiest way to confirm whether a location is actually within the City’s jurisdiction is to check the City’s website at neighborhoodinfo.lacity.org.