FAQ:  PROTECTING WORKERS DURING COVID-19

WHAT IF I WORK FOR A SMALL BUSINESS (500 EMPLOYEES OR LESS) AND I NEED TO TAKE OFF WORK BUT DO NOT HAVE SICK LEAVE?


Federal law requires certain employers to provide employees with paid sick leave or expanded family and medical leave for specified reasons related to COVID-19.

LAW:

Families First Coronavirus Response Act: Employee Paid Leave Rights (Federal)

REMEDY / ENFORCEMENT:

U.S. Department of Labor - Wage and Hour Division
https://www.dol.gov/agencies/whd/contact/complaints




WHAT IF I WORK FOR A BIG BUSINESS (500 EMPLOYEES OR MORE) AND I NEED TO TAKE OFF WORK BUT DO NOT HAVE SICK LEAVE?


Los Angeles city law requires certain employers with 500 more employees in Los Angeles or 2,000 employees nationwide to provide employees who work within the City with supplemental paid sick leave for specified reasons related to COVID-19

California state law requires certain employers that have 500 or more employees nationwide to provide supplemental paid sick leave to employees who leave their homes or place of residence to perform work

LAW:

Supplemental Paid Sick Leave Due to COVID-19 (City)
Public Order Under City of Los Angeles Emergency Authority

CA COVID-19 Supplemental Paid Sick Leave (State)

REMEDY / ENFORCEMENT:

Civil Suit in CA State Superior Court to enforce Los Angeles order

File Complaint with the Labor Commissioner's Office for a violation of state law:
https://www.dir.ca.gov/dlse/HowToFileWageClaim.htm




WHAT IF MY EMPLOYER FIRES OR PENALIZES ME FOR RAISING COVID-19 WORKPLACE HEALTH AND SAFETY CONCERNS?


California law protects workers against retaliation for voicing safety concerns or refusing to engage in hazardous work. Those who feel they have been targeted can file a lawsuit or submit a claim with the state labor commissioner’s office.

LAW:

The Labor Commissioner’s Office enforces multiple laws that specifically prohibit retaliation

REMEDY / ENFORCEMENT:

File Complaint with the California Labor Commissioner's Office Retaliation Unit
https://www.dir.ca.gov/dlse/dlseRetaliation.html




WHAT PROTECTIONS DO I HAVE IF I SUFFER RETALIATION FOR USING MY PAID SICK LEAVE DUE TO COVID-19?


Employees and former employees who have suffered retaliation may file a retaliation complaint.

LAW:

FFCRA (Federal)

https://www.dol.gov/agencies/whd/pandemic/ffcra-employee-paid-leave

California Labor Code Sections 245-249 (State)

http://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?division=2.&chapter=1.&part=1.&lawCode=LAB&article=1.5

Public Order Under City of Los Angeles Emergency Authority: Supplemental Paid Sick Leave Due to COVID-19, Section VI (City)

https://www.lamayor.org/sites/g/files/wph446/f/page/file/20200519%20Mayor%20Public%20Order%20SUPPLEMENTAL%20PAID%20SICK%20LEAVE%20Revised.pdf

REMEDY / ENFORCEMENT:

U.S. Department of Labor, Wage and Hour Division, or private right of action against certain employers, for violation of federal law File Complaint with the California Labor Commissioner's Office for a violation of state law https://www.dir.ca.gov/dlse/howtofileretaliationcomplaint.htm Civil suit in Superior Court to enforce Los Angeles order.




WHAT IF MY EMPLOYER IS NOT PROTECTING ME FROM EXPOSURE TO COVID-19 ON THE JOB?


Employers must implement effective measures to train and protect employees at each worksite.

LAW:

Existing regulations require employers to implement effective measures to protect employees from worksite hazards, including recognized health hazards such as COVID-19.

-CA Dept of Industrial Relations press release, 7/16/20

https://www.dir.ca.gov/DIRNews/2020/2020-63.html

https://admin.publichealth.lacounty.gov/phcommon/complaints/phcomp.cfm

REMEDY / ENFORCEMENT:

Contact Cal OSHA and the Los Angeles County Department of Public Health




AS A WORKER IN THE CALIFORNIA FOOD SERVICES INDUSTRY, DO I HAVE PROTECTIONS IF I AM IMPACTED BY COVID-19?


Generally, California mandates that employers provide food sector workers (grocery, restaurant, etc.) who are not covered by federal paid leave laws with supplemental paid sick leave for COVID-19-related reasons.

LAW:

California COVID-19 Supplemental Paid Sick Leave for Food Sector Workers

(Executive Order N-51-20) (State)

California Labor Code Section 248

REMEDY / ENFORCEMENT:

California Labor Commissioner's Office




WHAT IF I WAS LAID OFF AND MY COMPANY HIRED SOMEONE ELSE IN MY POSITION INSTEAD OF CALLING ME BACK?


L.A. requires that airport, commercial property, event center, and hotel employers (as defined in the ordinance) offer certain laid off employees any position that becomes available for which the laid off worker is qualified, as defined in the ordinance. The employee must be qualfied to do the position. The position must have become available after 4/27/20 6/14/20.

LAW:

COVID-19 Right Of Recall Ordinance (LAMC Sec. 200.30 et seq.)
Los Angeles Municipal Code, Article 4-72J-A

https://wagesla.lacity.org/#covid19

REMEDY / ENFORCEMENT:

Civil Suit in CA State Superior Court




AS A WORKER IN THE LOS ANGELES FOOD SERVICES INDUSTRY, WHAT HAPPENS IF I DON'T HAVE SICK LEAVE BUT NEED TO BE OFF WORK FOR COVID-19 RELATED REASONS?


Los Angeles requires certain employers with 500 more employees in Los Angeles or 2,000 employees nationwide to provide employees who work within the City with supplemental paid sick leave for specified reasons related to COVID-19. California state law requires certain employers that have 500 or more employees nationwide to provide supplemental paid sick leave under circumstances related to COVID-19 to employees who leave their homes or place of residence to perform work.

LAW:

Supplemental Paid Sick Leave Due to COVID-19
Public Order Under City of Los Angeles Emergency Authority (City)

Executive Order N-51-20 and Labor Code Section 248 (State)

REMEDY / ENFORCEMENT:

Civil Suit in CA State Superior Court (violation of City law) California Labor Commissioner (violation of State law)




ARE PEOPLE REQUIRED TO WEAR FACE MASKS WHEN THEY COME TO MY WORKPLACE?


Yes. generally, L.A. mandates wearing of face masks and other safety precautions ins public spaces including businesses, parks, etc.

LAW:

Worker Protection Order
Public Order Under City of Los Angeles Emergency Authority: Worker Protection Order (city)

https://www.lamayor.org/sites/g/files/wph446/f/page/file/20200507MayorPublicOrderWorkerProtectionRev050720.pdf

https://admin.publichealth.lacounty.gov/phcommon/complaints/phcomp.cfm

REMEDY / ENFORCEMENT:

Failure to comply is a misdemeanor
Los Angeles County Department of Public Health Violation




I WORK AT STATE-LICENSED NURSING HOME, REHABILITATION CENTER OR OTHER HEALTH CARE CENTER, DOES MY EMPLOYER HAVE TO PROVID ME WITH COVID-19 TESTS AND DETAILS OF THOSE AROUND ME WHO HAVE BEEN/ARE EXPOSED?


Skilled Nursing Facilities must offer their residents, employees and contractors diagnostic testing for the COVID-19 virus and provide them with testing details.

LAW:

Required COVID-19 Testing at Skilled Nursing Facilities
Public Order Under City of Los Angeles Emergency Authority (city)

REMEDY / ENFORCEMENT:

Failure to comply is a misdemeanor
Los Angeles County Department of Public Health Violation




WHAT IF CANNOT MAKE IT TO WORK (OR, NEED TO CHANGE MY SCHEDULE) BECAUSE I FEEL ILL OR MAY HAVE BEEN EXPOSED TO COVID 19, HAVE A SICK FAMILY MEMBER OR LOST MY CHILDCARE DUE TO COVID-19?


Upon certain condtions, grocery retail store and drug retail store employers (as defined in the ordinance) employers must grant employee's written schedule change requests and food delivery platforms must allow food delivery refusals.

LAW:

Grocery, Drug Retail and Food Delivery Worker Protection Ordinance (LAMC Sec. 200.10 et seq.)

Grocery, Drug Retail and Food Delivery Worker Protection
Public Order Under City of Los Angeles Emergency Authority (city)

REMEDY / ENFORCEMENT:

Civil Suit in CA State Superior Court




DOES MY EMPLOYER HAVE TO GET SERIOUS ABOUT COVID-19 PREVENTION, SAFETY AND SOCIAL DISTANCING?


Yes, Los Angeles requires that businesses implement a number of safety measures listed at the LA Mayor's website. Any business that fails to implement a measure must be prepared to explain why that measure is inapplicable to the business.

LAW:

Social Distancing Protocol ​(at businesses)
Public Order Under City of Los Angeles Emergency Authority (city)

https://admin.publichealth.lacounty.gov/phcommon/complaints/phcomp.cfm

REMEDY / ENFORCEMENT:

Los Angeles County Department of Public Health





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The Office of Mike Feuer

Los Angeles City Attorney

James K. Hahn City Hall East, Suite 800

Los Angeles, CA 90012 | 213-978-8100