Results of March 27, 2020 Los Angeles City Council Vote on Emergency COVID-19 Ordinances

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Seyfarth Synopsis: On March 27, 2020, the Los Angeles City Council voted on several COVID-19 related ordinances that impact employers and businesses.  An ordinance requiring employers to provide supplemental paid sick leave for COVID-19-related absences passed, as did separate ordinances creating protections for grocery store workers, establishing exclusive grocery shopping hours for elderly and disabled residents, and granting new protections to tenants. Right of Recall and Worker Retention ordinances (which would require locations to offer priority to laid off workers) were not passed in this session, but will likely be reintroduced.

As we previously reported, the Los Angeles City Council was slated to vote on a number of ordinances in an emergency session on March 27, 2020.  Here are the results:

• COVID-19 Supplemental Paid Sick Leave (Article 5-72HH).   

Summary.  This ordinance passed with amendments. Effective upon publication and through at least December 31, 2020, the Ordinance requires all employers with 500 or more employees nationwide to provide employees with Supplemental Paid Sick Leave (SPSL) for certain COVID-19 related reasons. This paid sick leave must be provided to employees who were employed with the same employer from February 3, 2020 through March 4, 2020. Full time employees who worked 40 hours a week or more receive 80 hours of SPSL based on their average two-week pay between February 3, 2020 and March 4, 2020. Employees who worked less than 40 hours a week receive SPSL in an amount not greater than their average two-week pay over the period of February 3, 2020 through March 4, 2020. SPSL shall not exceed $511 per day or $5,110 in aggregate.

Covered Reasons for SPSL.  SPSL is available upon oral request when (1) the employee takes time off because a public health official or healthcare provider requires or recommends self-isolation or quarantine; (2) the employee is at least 65 years or has a health condition such as “heart disease, asthma, lung disease, diabetes, kidney disease, or weakened immune system;” (3) the employee is providing care for a family member who is not sick, but who health officials or healthcare providers have required or recommended quarantine or isolation; and (4) the employee is providing care for a family member whose senior care provider, school or child care provider temporarily ceases operations in response to a public health or other public official’s recommendation.

Employers may not require doctor’s notes or other documentation for employees to use SPSL.

Creates Independent Right to Leave.  Aside from rights and remedies provided in the federal Families First Coronavirus Response Act (FFCRA), the ordinance’s provisions are independent of any other rights, remedies, or procedures.  Employers must still provide applicable city and state leave.

Exceptions and Offset.  The Ordinance expressly does not apply to first responders (peace officers, firefighters, paramedics, emergency medical technicians, public safety dispatchers or safety telecommunicators, emergency response communication employee, rescue service personnel such as firefighters and paramedics) and certain health care providers (as defined by Section 12945.2 of the California Government Code). There is also a carve out for collective bargaining agreements.

In addition, an employer’s obligation to provide 80 hours of SPSL shall be reduced for every hour on or after March 4, 2020 the employer allowed an employee to take paid leave (in an amount equal or greater than as is required within the ordinance).

Consequences for Failure to Comply.  Employees claiming violation of this article can bring an action in court to seek reinstatement, back pay, SPSL unlawfully withheld, and other legal or equitable relief. If an employee is the prevailing party, the court may award reasonable attorneys’ fees to the employee.

• Grocery, Drug Retail, and Food Delivery Worker Protection Ordinance (Article 3-7MM).  This ordinance passed without amendments. Grocery retail stores, pharmacies, and food delivery platforms must approve employee schedule change requests related to childcare, illness, or certain COVID-19 related reasons. 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 will not result in premium pay.
• Grocery Shopping Priority for Elderly and Disabled Residents (Article 2-72TT).  This ordinance passed without amendments. 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. Stores open 24 hours must dedicate a morning hour.  Notice of the restricted shopping hours must be placed prominently and on the store’s website where the regular store hours are posted.
• Tenant Protections Ordinance (Motion 72N). This ordinance passed with amendments, and temporarily prohibits residential and commercial evictions for failure to pay rent for reasons related to the COVID-19 pandemic. Notable changes include a carve out for commercial real property leased by a multi-national company, a publicly traded company, or a company that employs more than 500 employees and additional protections related to residential evictions.
• While Worker Retention Ordinance (Article 4-72J-B, which would have required employers who acquired businesses to give laid off workers from the acquired business priority) and Right-of-Recall Ordinance (Article 4-72J-A, which would have required employers to give priority to recently laid off workers) were introduced, they did not pass. The City Council continued these matters and requested further reports on these items, to be considered at a future meeting.

Each of the ordinances that were approved were sent to the Mayor’s office on March 28, 2020 for signing, and will become effective upon signing and publication. As of the time this alert was issued, the new ordinances have not yet been published, but we expect they will be published shortly.