october 28, 2020
october 22, 2020
October 19, 2020
- Hope for Companies Where COVID-19-Related Business Interruption Claims Have Been Denied Without Investigation
october 15, 2020
october 12, 2020
october 8, 2020
october 5, 2020
september 22, 2020
- California Employers Now Subject to Additional COVID-19-Related Laws Related to Cal/OSHA Reporting and Worker’s Compensation
september 21, 2020
September 11, 2020
- COVID-19-Related Paid Sick Leave Has Been Expanded in California Yet Again to All Employers with 500+ Employees
august 4, 2020
july 6, 2020
july 1, 2020
- PPP Loan Deadline May Be Extended as SBA Issues New Rules Relating to Loan Forgiveness and Eligibility
- California Looks to Pass Legislation Concerning Business Interruption Coverage Due to COVID-19
June 29, 2020
June 22, 2020
- PPP Loan Forgiveness Application Forms Updated and Streamlined
- Nevada Division of Insurance to Disallow Policy Exclusions Related to COVID-19
- CDI Announces New Order Regarding Workers’ Compensation Premium Savings for CA Businesses Affected by COVID-19
june 15, 2020
june 10, 2020
- Note to the SBA: Debtors in Bankruptcy Are Eligible for PPP Loans
- California Modifies the Tolling of Statutes of Limitations in Civil Cases
june 8, 2020
June 4, 2020
may 29, 2020
may 28, 2020
- House Introduces Pandemic Risk Insurance Act of 2020 in the Wake of COVID-19 Business Interruption Claims
may 27, 2020
- Hoteliers Beware: a Return to Business Post-Pandemic Brings With It Potential Legal Liability
- House Contemplates Revisions to the Paycheck Protection Program
may 15, 2020
may 14, 2020
- U.S. House Democrats Introduce HEROES Act, a New $3T Stimulus Package
- SAFE Banking Act for Cannabis-Related Businesses Included in the HEROES Act
may 12, 2020
may 8, 2020
- Treasury and the SBA Issue Guidance Regarding the Employee Retention Credit
- Businesses Reopen in Los Angeles County as Stage 2 of California’s Statewide Plan Begins
- Update: Large Employers Required to Pay Coronavirus-Related Sick Leave Under New L.A. County Ordinance
may 6, 2020
- SBA Extends PPP Certification Safe Harbor to May 14
- EPLI Insurance and Employee Benefits in the Age of the Coronavirus
may 5, 2020
- Update: PPP Guidance Issued by the SBA and U.S. Treasury at Odds With the CARES Act—Michelman & Robinson Files First-of-Its-Kind Lawsuit Challenging FAQs
- NAIC Issues Business Interruption Data Call in the Wake of COVID-19
may 4, 2020
- PPP Guidance Issued by the SBA and U.S. Treasury at Odds With the CARES Act—Michelman & Robinson Files First-of-Its-Kind Lawsuit Challenging FAQs
may 1, 2020
april 29, 2020
- Planning for Your Employees' Return to the Workplace
- Los Angeles Hospitality Workers Among Those Thrown a Potential Lifeline
april 24, 2020
- Attention Cannabis Businesses: Hope May Be on the Horizon for Federal COVID-19-Related Relief
- California Department of Insurance Issues Notice Granting Tax-Filing Extension in Response to COVID-19
- SEC Approves Amendments to Nasdaq and NYSE Continued Listing Requirements Due to the COVID-19 Pandemic
April 23, 2020
april 21, 2020
- Additional Funding Is on the Way to Resurrect the PPP
- Certifying Your PPP Loan: Proceed With Caution
april 17, 2020
april 16, 2020
- Employment in the Wake of Coronavirus: EEOC and OSHA Guidance Allows Employers to Go Where They Could Not Go Before
- New Yorkers Ordered to Stay at Home Even Longer Amid the COVID-19 Crisis
- Paycheck Protection Program Funds Exhausted
april 15, 2020
- Attention Insurers: the CDI Has Ordered You to Fairly Investigate All Business Interruption Insurance Claims Caused By the COVID-19 Outbreak
April 14, 2020
- Insurance Companies Have Been Ordered to Provide COVID-19-Related Premium Relief to Businesses and Drivers in California
- What to Do If Your New York Business Has Been Deemed Non-Essential
APRIL 13, 2020
- IP Deadlines and Fees Extended Under the CARES Act
- Employment in the Wake of Coronavirus: Reintegrating Your Workforce in the New Normal
APRIL 10, 2020
- You Successfully Applied for and Received a PPP Loan Under the CARES Act: Now What?
- Safer at Home Order in L.A. Extended to May 15
- Maintaining Your Trade Secrets During the Coronavirus Crisis
APRIL 9, 2020
april 8, 2020
- Congress Looks to Bolster the PPP With Another $250B in Funding
- U.S. Treasury Provides Further Guidance to PPP Borrowers and Lenders
- L.A. Mayor Amends COVID-19-Related Paid Sick Leave Ordinance
april 7, 2020
- Clarifying the Paycheck Protection Program: Payment of Insurance Premiums and Loan Forgiveness under the CARES Act
April 3, 2020
april 2, 2020
april 1, 2020
March 31, 2020
march 30, 2020
- Large Employers Required to Pay Coronavirus-Related Sick Leave Under New L.A. Ordinance
- Insurance Coverage Potentially Triggered by COVID-19
- Attention Insurers: CDI Orders Mandatory Call for Business Interruption Coverage Information in the Wake of COVID-19
- DOL Is Requiring Employers to Post Families First Employee Rights Notice
March 27, 2020
- A Comprehensive Guide to Understanding Coronavirus-Related State Assistance Programs: Who is Giving What to Whom (Part II)
- HHS Relaxing Enforcement of HIPAA to Facilitate Sharing of Information During the COVID-19 Crisis
March 26, 2020
march 25, 2020
march 24, 2020
- Navigating the Coronavirus Pandemic: a Critical Business Review Checklist
- SBA Loans for Companies Impacted by Coronavirus
- SEC Relaxes Federal Proxy Rules for Annual Meetings
march 23, 2020
- Federal Reserve Responds Boldly to Coronavirus-Related Economic Downturn
- The Number of Jurisdictions Implementing Stay-at-Home Orders Is Increasing Exponentially
- Michelman & Robinson’s Guide to Coronavirus-Related Paid Sick Leave and Unemployment Insurance Laws in the Tri-State Area
MARCH 21, 2020
MARCH 20, 2020
- New York Governor’s PAUSE Order
- Illinois Governor’s Statewide Stay-at-Home Order
- Force Majeure Clauses in Commercial Real Estate Contracts
MARCH 19, 2020
- SEC Provides Regulatory Relief for Public Reporting Companies
- Student Loan Borrowers Can Breathe a Sigh of Relief, At Least Temporarily
- California Governor's Statewide Stay-At-Home Order
MARCH 18, 2020
- "Shelter in Place" Orders
- Telecommuting in the Age of Coronavirus
- Families First Coronavirus Response Act Just Passed by the Senate and Signed Into Law by the President
MARCH 17, 2020
- M&R Coronavirus Risk Mitigation Team: A Multi-Disciplinary Legal Team Ready To Immediately Address A Host Of Coronavirus-Related Issues for Businesses, Quickly And Holistically
MARCH 16, 2020
MARCH 5, 2020
L.A. Mayor Amends COVID-19-Related Paid Sick Leave Ordinance
APRIL 8, 2020
As Michelman & Robinson previously reported, the Los Angeles City Council passed an emergency ordinance on March 27 requiring large employers (those with 500 or more employees) to provide COVID-19 supplemental paid sick leave to their employees, effectively expanding the paid sick leave requirements of the Families First Coronavirus Response Act.
Last night, L.A. Mayor Eric Garcetti issued an emergency order amending the ordinance. In doing so, he praised the City Council for acting swiftly on behalf of the city’s employees, but he also noted that changes to the law were necessary to protect businesses, many of which already provide generous paid sick leave programs.
Here, M&R recaps the scope of the ordinance as well as the amendments made by way of Mayor Garcetti’s emergency order.
Q. What does the ordinance provide?
A. As was the case in its original form, the ordinance provides supplemental paid sick leave to any eligible employee employed from Feb 3 to March 4, 2020, who is now unable to work or telework for any of the reasons set forth below.
Full-time employees (those who work 40 hours/week) shall receive 80 hours of supplemental paid sick leave pursuant to the ordinance, and employees who work less than 40 hours/week (and are not classified as full-time) are eligible for supplemental paid sick leave in an amount no greater than the employee’s average two-week pay for the period of February 3 to March 4, 2020.
Q. At what rate is the paid sick leave calculated for full-time employees?
A. Paid sick leave made available by way of the ordinance is to be paid at the rate based on the full-time employee’s average two-week pay between February 3 and March 4, 2020. This means that if an employee’s pay was reduced after March 4, his or her leave is to be paid at the prior (higher) rate. That being said, supplemental paid sick leave paid to any employee shall not exceed $511 per day and $5,110 in the aggregate.
Q. To whom does the ordinance apply?
A. In terms of employees, the ordinance applies to those who perform work within the City of L.A. For their part, employers who employ, either directly or through a staffing agency—(1) 500 or more employees within the City of L.A. or (2) 2,000 or more employees nationwide—are subject to the ordinance.
Note that in a joint employer situation, an employee is only entitled to the total aggregate amount of leave for one employer.
Q. What reasons for leave trigger an employer’s obligations under the ordinance?
A. By virtue of the ordinance, an employer must provide supplemental paid sick leave to an employee, upon oral or written request, if any of the following apply:
- The employee needs to take time off due to COVID-19 infection or because a public health official or healthcare provider requires or recommends the employee isolate or self-quarantine to prevent the spread of COVID-19
- The employee takes time off work because he or she is at least 65 years old or has a health condition such as heart disease, asthma, lung disease, diabetes, kidney disease, or weakened immune system
- The employee takes time off work because the he or she needs to care for a family member who is not sick but who public health officials or healthcare providers have required or recommended isolation or self- quarantine
- The employee takes time off work because he or she needs to provide care for a family member whose senior care provider or whose school or child care provider caring for a child under the age of 18 temporarily ceases operations in response to a public health or other public officials recommendation (this reason for leave is only applicable to an employee who is unable to secure a reasonable alternative caregiver)
Employers must be aware that they may not require a doctor’s note or other documentation from any employee seeking to use supplemental paid sick leave.
Q. Can employers avail themselves to any offset?
A. Yes, an employer’s obligation to provide 80 hours of supplemental paid sick leave under the ordinance shall be reduced for every hour it has allowed an employee to take paid leave (in addition to any previously accrued leave) in an amount equal to or greater than the requirements in the ordinance (and executive order) after March 4, 2020.
Q. Who is exempt from the ordinance?
A. The following employers are not subject to the mandates of the ordinance (Mayor Garcetti’s executive order significantly expanded upon the ordinance’s original exemptions, as indicated in bold):
- Employers of emergency and health services personnel, including all first responders, gang and crisis intervention workers, public health workers, emergency management personnel, emergency dispatchers, law enforcement personnel, and related contractors and others working for emergency services providers, as well as contract workers and individuals working at a health facility licensed under California Health & Safety Code Section 1250
- Employers of employees who perform global parcel delivery services (Critical Parcel Delivery)
- Employers who already provide “Generous Leave.” More specifically, if an employer has a paid leave or paid time off policy that provides a minimum of 160 hours of paid leave annually, the employer is exempt from any obligation to provide supplemental leave (as otherwise mandated by the ordinance) for the employees that receive the more generous paid leave
- New Businesses that started in the City of L.A. or businesses that relocated from outside the City of L.A. on or after September 4, 2019 through March 4, 2020 (to qualify, an employer could not have been in business in the City of L.A. in the 2018 tax year, and this exemption does not include construction businesses or film producers)
- Governmental agencies employing individuals working within the course and scope of their public service employment
- Closed Businesses and Organizations—that is, any business or organization that (1) was closed or not operating for a period of 14 or more days due to a city official’s emergency order because of the COVID-19 pandemic, or (2) provided at least 14 days of paid sick leave during such time.
We are working diligently to keep our clients up to date on coronavirus-related developments. Nevertheless, these developments are changing daily and, in some cases even hourly, so it is important that you make sure you are dealing with the most current information. That being said, this alert is not offered, and should not be relied on, as legal advice. You should consult an attorney for guidance and counsel regarding any specific concern or situation.