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
Update: Large Employers Required to Pay Coronavirus-Related Sick Leave Under New L.A. County Ordinance
MAY 8, 2020
In a previous alert, Michelman & Robinson reported that an ordinance was signed into law several weeks ago requiring certain employers to provide supplemental sick leave to employees within the City of Los Angeles. Now, by way of a new ordinance unanimously passed by the L.A. County Board of Supervisors on April 28, 2020, that requirement has been expanded to apply to employers with operations, or employees working, in unincorporated L.A. County.
For the most part, the unincorporated L.A. County ordinance—passed in the wake of the COVID-19 crisis—is identical to the City of L.A. law that went into effect in late March. For this reason, M&R restates our answers to questions about the citywide ordinance to include reference to the one now in place in unincorporated L.A. County.
Q. Do the ordinances in the City of L.A. and unincorporated L.A. County apply to any sized company?
A. No, only large employers are bound by the laws, which define large employers as those having more than 500 employees nationwide (which employees are not covered by the paid leave provisions of the Families First Coronavirus Response Act, described here). Essentially, the ordinances expand what is provided under the Families First Act to large employers in the City of L.A. and unincorporated L.A. County that are exempt from the federal law.
Q. How much paid sick leave will employers have to pay employees taking leave under the ordinance?
A. Through December 31, 2020, when the ordinances are set to expire, qualifying full-time employees must be given up to 80 hours of supplemental paid sick leave related to the coronavirus pandemic. Part-time employees (those who work less than 40 hours per week) will be entitled to receive an amount no greater than their average two-week pay over the period of February 3 through March 4, 2020 for the city ordinance, and January 1, through April 28, 2020 for the unincorporated L.A. County law. In either case, the supplemental paid sick leave is in addition to the amount of paid leave the employer allows for pursuant to its existing policies.
Q. What types of absences from work does the ordinance contemplate?
A. The ordinances require employers to provide supplemental paid sick leave upon the oral (City of L.A.) or written (City of L.A. or unincorporated L.A. County) request of an employee if any of the following apply:
- The employee takes time off because a public health official or health care provider requires or recommends the employee isolate or self-quarantine to prevent the spread of COVID-19
- The employee takes time off work because the employee 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 employee needs to care for a family member who is not sick but who public health officials or health care providers have required or recommended isolation or self-quarantine
- 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 child care provider caring for a child under the age of 18 temporarily ceases operations in response to a public health or other public official’s recommendation
Q. As a large employer, will I have to pay coronavirus-related sick leave for all of my employees that seek it?
A. No, only individuals that work in the City of L.A. and have been employed by you since at least February 3, 2020, and have worked through March 4, 2020 (at a minimum), qualify for the supplemental leave benefits under the citywide ordinance. The unincorporated L.A. County law covers individuals that were employed on April 28, 2020. Note that the ordinances apply to full time, part time, and temporary employees.
Q. How will the supplemental paid sick leave be calculated?
A. For a full-time employee, the paid sick leave pay is based upon his or her average two-week pay from February 3 to March 4, 2020 (in the City of L.A.) or January 1 to April 28, 2020 (in unincorporated L.A. County). As mentioned above, a part-time employee’s paid leave is to be no more than his or her average two-week pay from this same time period. Of note, there is a cap on supplemental sick leave pay under the ordinance: $511 per day and $5,110 in aggregate. Also, employees of joint employers are only entitled to the total aggregate amount of leave specified for employees of one employer.
Q. Are there any categories of employers that will be exempt from the law?
A. Yes, the paid sick leave ordinance does not apply to employers of health care providers (as defined by California Government Code section 12945.2) or first responders (as defined in the ordinance as a peace officer, firefighter, paramedic, emergency medical technician, public safety dispatcher or safety telecommunicator, emergency response communication employee, and rescue personnel). Also, the ordinance in unincorporated L.A. County does not apply to food sector workers covered under California Governor Gavin Newsom’s Executive Order N-51-20.
Q. What if I’ve already paid sick leave to an employee for reasons related to COVID-19?
A. If you are a qualifying large employer, your obligation to provide 80 hours of supplemental paid sick leave under the ordinances will be reduced for every hour you allowed an employee to take paid leave. This, however, does not include hours accrued before March 4, 2020 (for the citywide ordinance) or March 31, 2020 (for the unincorporated L.A. County law).
Q. Is there anything else I should know about the coronavirus-related supplemental paid sick leave ordinances in the City of L.A. and unincorporated L.A. County?
A. Yes, rights under the laws cannot be waived; employees are not required to provide a doctor’s note or other documentation to avail themselves of supplemental paid sick leave; and employers cannot take any retaliatory action against an employee that requests to use or actually uses the benefits under the ordinances.
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.