August 10, 2020

Volume X, Number 223

August 10, 2020

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The City of Los Angeles Orders Face Coverings for Certain Workers and Customers, and Requires Certain Employers to Provide Them

We previously wrote about the San Diego County face-covering mandate. On April 7, 2020, the City of Los Angeles joined San Diego County and issued an Order (the “Order”) that requires certain workers to wear cloth face coverings. Notably, the Order is more expansive than San Diego County’s face-covering mandate because it covers workers in more occupations, applies to customers and visitors of certain businesses, provides face-covering maintenance requirements, and requires certain employers to furnish face coverings and other sanitary products.

Covered Workers and Employers

 Beginning on April 10, 2020, certain workers in the city of Los Angeles must wear fabric face coverings over their noses and mouths while performing their work. Covered Workers are those that work at certain essential businesses or perform services for those businesses, including:

  • Food retail, including grocery stores, direct-to-consumer and direct-to-business food shipping and delivery services, and food facilities that prepare and offer food via delivery, pick-up, or drive-thru;
  • Household consumer products retail;
  • Provision of necessities of life services for economically disadvantaged or otherwise needy individuals;
  • Construction and building supply;
  • Household and commercial services, including plumbing, electrical, extermination, custodial, and moving services;
  • Laundry services;
  • Private transportation services, including taxis and ride-sharing services; and
  • Hotels, motels, and shared rental units.

Permissible fabric face coverings include items such as scarves and bandanas. Additionally, the Order requires Covered Workers to wash reusable fabric face coverings at least once a day and properly discard single-use fabric face coverings.

The Order also requires employers of all Covered Workers to provide, at their expense, fabric face coverings for their employees and must ensure that employees have access to clean, sanitary restrooms, stocked with necessary sanitation products. Additionally, covered employers must permit employees to wash their hands at least once every thirty (30) minutes and, to the extent possible, must implement measures to provide a six-foot buffer for customers, visitors, and employees.

Covered Customers and Visitors

Beginning on April 10, 2020, customers and visitors of businesses and organizations with Covered Workers must wear fabric face coverings over their noses and mouths, and owners and operators of those businesses and organizations may refuse admission or service to any individual who fails to wear a required fabric face covering.

Additional Notes

A Violation of the Order constitutes a misdemeanor punishable by fines and imprisonment. Unlike some California COVID-19-related orders, the Mayor of the City of Los Angeles, Eric Garcetti, urges enforcement of the Order.

Employers in the City of Los Angeles with questions should seek guidance from counsel to determine whether they are subject to these new requirements.

Copyright © 2020, Hunton Andrews Kurth LLP. All Rights Reserved.National Law Review, Volume X, Number 101

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About this Author

Lukas Moffett Employment Lawyer Hunton AK
Associate

As an associate in the firm’s labor and employment group, Lukas assists clients in employment litigation and general compliance matters.

Lukas focuses on litigation matters involving employment discrimination and the employer/employee covenant relationship. Lukas also helps employers comply with anti-discrimination laws by advising on employee termination and consultation procedures. In addition, he is involved in the firm’s pro bono efforts.

Relevant Experience

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Emily Burkhardt Vicente Employment Lawyer
Partner

Emily co-chairs the firm’s labor and employment group and has a national practice focusing on complex employment and wage and hour litigation.

Emily is an accomplished trial lawyer who defends employers in complex employment litigation, including California and FLSA wage and hour class and collective actions, California representative PAGA actions, employment discrimination class actions, and complex whistleblower matters. Her clients include major retailers, financial services and life sciences companies, manufacturers and transportation providers. In addition to her litigation practice, Emily regularly counsels clients on employment-related matters, including harassment and discrimination investigations, “me too” issues, fair-pay compliance, employment contracts and noncompetition agreements, and reductions-in-force.  Emily helps employers develop forward-thinking compliance practices that reduce wage and hour disputes and help mitigate other employment-related risks while keeping her client’s business goals firmly in mind.

Emily serves as co-chair of the firm’s diversity & inclusion committee, and is a member of the firm’s national associates committee. She also is a regular speaker on labor and employment, and class action issues and is a contributing author to the firm’s Employment & Labor Perspectives blog. Emily is admitted to practice before the United States Supreme Court, the United States District Courts for the Central, Southern, Eastern, and Northern Districts of California, the United States Courts of Appeals for the Ninth and Eleventh Circuits, the United States District Courts for the Northern and Middle Districts of Georgia, and the Superior, Appellate and Supreme Courts of California and Georgia.

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