Los Angeles Enacts COVID-19 Right of Recall and Retention Ordinances

On Wednesday, April 29, 2020, the Los Angeles City Council passed a COVID-19 Right of Recall Ordinance requiring certain hospitality, janitorial, property management and tourism employers, when rehiring, to offer jobs based on seniority to certain workers laid off during the COVID-19 pandemic.  At the same time, the council also passed a COVID-19 Worker Retention Ordinance. Both ordinances are intended to assist workers in sectors which have been especially hard hit by the coronavirus crisis and both ordinances had been approved in concept in the prior week subject only to ...

Large Food Sector Employers Must Provide Supplemental Paid COVID-19 Sick Leave

To address fears that food sector workers are more likely to work when sick, Governor Gavin Newsom recently issued Executive Order N-51-20, which requires large food sector employers (500+ employees in U.S.) to provide up to 2 weeks of supplemental paid sick leave to workers, including independent contractors, who are unable to work due to the following COVID-19-related reasons:

  • the worker is subject to a federal, state, or local quarantine or isolation order related to COVID-19;
  • the worker is advised by a health care provider to self-quarantine or self-isolate due to concerns ...
Action Alert: Los Angeles County Right of Recall and Worker Retention Ordinance

On Tuesday, May 12th, the Los Angeles County Board of Supervisors will be considering a countywide Right of Recall and Worker Retention ordinance. As with the Citywide Right of Recall and Worker Retention ordinances, these policies would negatively impact businesses, prevent them from making decisions based on their financial situation, and lengthen our road to recovery after the COVID-19 pandemic.

Click here to read the coalition letter from the Valley Industry & Commerce Association.

Call and email the Board of Supervisors

Supervisor Hilda Solis: First District; ...

Los Angeles County Expands Paid Sick Leave Requirements For COVID-19

In a move which largely mirrors the steps taken by the City of Los Angeles, the Los Angeles County Board of Supervisors has voted to extend certain paid sick leave requirements of the Families First Coronavirus Response Act to employees working within Los Angeles County for private employers that employ 500 or more persons in the United States. The ordinance is effective immediately and will expire on December 31, 2020. 

The ordinance applies to all persons who perform work for a covered employer within the County of Los Angeles and specifies that all such persons are presumed to be ...

Los Angeles City Council Votes for Worker Retention and Recall Rules

On Wednesday, April 22nd, the Los Angeles City Council voted to have a right of recall ordinance drafted that would require certain hospitality, janitorial, property management and tourism employers when rehiring to notify workers laid off during the COVID-19 pandemic.

Under the proposed ordinance, a business would be required to provide notices to laid-off workers that it is rehiring, and to rehire based on seniority. Workers would have a 10-day period in which to respond, and an employer would have 15 days to respond to employee claims that they had inadequate opportunity to be ...

Taking Employees’ Temperatures During the COVID-19 Pandemic

Employers can take employees’ temperatures to respond to and manage the COVID-19 pandemic. The Equal Employment Opportunity Commission has stated in its updated guidance that the COVID-19 crisis permits employers to measure employees’ body temperatures before allowing them to enter the worksite. Indeed, the Centers for Disease Control recommends in its community mitigation framework that workplaces in areas with “minimal to moderate risk” implement regular temperature and respiratory checks. 

How to Conduct Temperature Checks

As for the precise temperature to ...

Action Alert - The LA City Council Is Attempting to Place Unprecedented Hiring Rules on the Private Sector

As we recently reported, the Los Angeles City Council is considering implementing hiring restrictions and requirements on the private sector.  If passed, these ordinances with exponentially increase the difficulties already faced by businesses throughout Los Angeles as a result of the COVID-19 crisis.  There are several motions pending, each of which will adversely impact employers.  Given the importance of the issue, we are reposting the following from the Beverly Hills Chamber of Commerce:

Action Alert! On Wednesday, April 22 at 10 am, the Los Angeles City Council is meeting to ...

Action Alert: Los Angeles City Council Wants to Assert Control Over Businesses

The message below has been reposted from the Valley Industry & Commerce Association.

On Wednesday, April 22, the Los Angeles City Council will be considering a Right of Recall ordinance that is exclusively directed towards businesses in the hospitality industry - including hotels, janitorial, stadiums, airport services and event centers.

Hospitality Right of Recall and Worker Retention Ordinance

The Hospitality Recall Ordinance would:

  • Require businesses that have discharged employees to offer those discharged employees all positions which become available for which the ...
Coronavirus And The Reluctant Employee

You have a business that is permitted to continue operations and is not subject to a “stay at home” order.  You have informed employees of this fact.  You have even provided employees with a letter setting forth specific information on why they are allowed to continue working and traveling to and from work to show authorities or anyone else who might ask.  Nevertheless, you have one or more employees who do not want to work because of COVID-19 and are asking to stay home.  What do you do?

If you are a business with 500 or fewer employees, you first need to find out why these employees are asking to ...

Calculating Paid Leave Under The Families First Coronavirus Response Act

To calculate the amount to be paid for employee leave under the Families First Coronavirus Response Act, it is clear that employees who take advantage of FFCRA paid leave must be paid what they would ordinarily earn in a workweek. Their ordinary workweek earnings are based on their regular rate of pay, including the base rate for any overtime hours worked, but not any premium pay. An employee should only receive paid leave for the hours they are normally scheduled to work. Accordingly, an employer must first determine both the regular rate of pay and the appropriate work schedule in order ...

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