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Los Angeles County Passed a Supplemental Paid Sick Leave Ordinance to Cover Employers in Unincorporated Areas of the County

By Andrea F. Oxman & Peter M. Waneis on May 6, 2020
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Last week, the Los Angeles Board of Supervisors enacted an urgency ordinance to require employers with 500 or more employees nationally to provide supplemental paid sick leave to covered employees for COVID-19 related reasons. The County’s ordinance applies only to businesses in unincorporated areas of the County and to employees who perform any work within the County. Businesses can verify on the County’s website whether they are located in an unincorporated area.

The ordinance, which went into effect immediately due to an urgency clause, requires covered employers to provide up to 80 hours of additional paid sick leave to full-time employees, and part-time employees to receive an amount no greater than the employee’s average two-week pay over the period of January 1, 2020, through April 28, 2020.

Under the newly enacted ordinance, employees may take supplemental leave for the following reasons:

  1. A public health official or healthcare provider requires or recommends the employee isolate or self-quarantine to prevent the spread of COVID-19;
  2. The employee is subject to a federal, state, or local quarantine or isolation order related to COVID-19;
  3. The employee needs to care for a family member who is subject to a federal, state, or local quarantine or isolation order related to COV1D-19 or has been advised by a health care provider to self-quarantine related to COVID-19; or
  4. The employee takes time off work because the employee needs to provide care for a family member whose senior care provider or whose school or childcare provider ceases operations in response to public health or other public official’s recommendation.

The ordinance specifies the employee must be unable to work or telework and must make a written (which includes but is not limited to an electronic mail or text) request to the employer.

The only offset indicated in the ordinance is for paid time off provided to employees for the reasons outlined in the ordinance, outside of the employer’s regular leave policies.

The ordinance does not apply to food sector workers covered by the statewide Supplemental Paid Sick Leave for Food Sector Workers. Also exempted from the ordinance are emergency responders and health care providers.  This is consistent with other recent local supplemental paid sick leave ordinances passed in California.

As of the date of this article, the County has not issued any guidance on the new ordinance or recommended postings or notices.

Jackson Lewis will continue to monitor these local ordinances and other emergency regulations pertaining to COVID-19. Jackson Lewis’ Coronavirus Task Force is actively monitoring the developing situation surrounding the complexities of COVID-19.

Photo of Andrea F. Oxman Andrea F. Oxman

Andrea “Andy” F. Oxman is a principal in the Los Angeles, California, office of Jackson Lewis P.C. Andy represents a wide array of employers in defending against single plaintiff and class action litigation.

Andy has litigated extensively in both state and federal courts…

Andrea “Andy” F. Oxman is a principal in the Los Angeles, California, office of Jackson Lewis P.C. Andy represents a wide array of employers in defending against single plaintiff and class action litigation.

Andy has litigated extensively in both state and federal courts and has a wide range of significant experience, including motion practice, all phases of discovery, trial preparation, arbitration, and settlement negotiations. Andy’s litigation practice includes defending against individual cases alleging discrimination; failure to provide reasonable accommodation; failure to engage in a timely, good faith interactive process; retaliation; and harassment; as well as wage and hour class actions.

Read more about Andrea F. OxmanEmail
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Photo of Peter M. Waneis Peter M. Waneis

Peter M. Waneis is of counsel in the Los Angeles, California, office of Jackson Lewis P.C. His practice focuses on representing employers in all types of employment-related litigation in state and federal courts and in arbitration.

Read more about Peter M. WaneisEmail
  • Posted in:
    Employment & Labor
  • Blog:
    COVID-19 Workplace Law Advisor
  • Organization:
    Jackson Lewis P.C.
  • Article: View Original Source

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