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Stokes Wagner

City of LA issues rules and regulations further clarifying supplemental paid sick leave for large employers.

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Mayor Garcetti has issued an executive order requiring customers at grocery stores and other essential businesses to wear face coverings.

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Los Angeles Mayor Eric Garcetti issued a Public Order on April 7, 2020, mandating supplemental paid sick leave requirements for large employers within Los Angeles and nationwide. This Order expands on the previous ordinance passed by City Council providing supplemental paid sick leave to employers with 500 or more employees nationwide. Please see our previous article for more information on the City Council ordinance.

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Life has changed in ways most of us could never have imagined. Our homes have become our safe havens more than ever before, and our workplaces have spilled over into our home offices, kitchen tables, and family rooms. As we settle into our new normal, we find ourselves connecting to family, friends, and colleagues through Zoom meetings, livestream services, and quarantini virtual happy hours. Without a vaccine, the spread of COVID-19 is a concern that will not quickly disappear. Maintaining a healthy and productive workplace for employees will continue to be a top priority long after the days of walking from the bedroom to the home office have passed.

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The City of Los Angeles passed an ordinance on March 27, 2020, requiring employers with more than 500 employees to provide up to 80 hours of Supplemental Paid Sick Leave (“PSL”) to employees. This Supplemental PSL is in addition to the 48 hours of PSL already required by the City.

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The DOL has issued new guidance and clarified that employees who do not have work available to them (e.g., as a result of a furlough or business closure) will not be eligible for benefits under the Families First Coronavirus Response Act.

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With the amount of confirmed COVID-19 cases exponentially rising, the federal government has passed the “Families First Coronavirus Response Act” (FFCRA or Act) to help during the crisis. The bill, which passed with broad bipartisan support, includes a division providing for emergency paid sick leave.

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In the wake of business slowdowns and shutdowns as a result of the COVID-19 pandemic, many employers face a dilemma when forced to furlough or layoff workers. The Federal and California WARN Acts require 60 days’ notice before laying off employees, subject to certain thresholds. This presents an untenable situation for employers forced to shut down, where they are essentially forced to violate the notice requirement because they cannot continue employing people.

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On October 8, 2019, the U.S. Department of Labor (DOL) published a Notice of Proposed Rulemaking (NPRM) entitled “Tip Regulations Under the Fair Labor Standards Act.” The NPRM seeks to implement and refine the changes on tip pooling made by the Consolidated Appropriations Act (CAA) OF 2018. Most notably, it eliminates the 80/20 rule used to determine if an employer may incorporate an employee’s tips as part of their wages when the employee engages in both tipped and non-tipped duties. If adopted, the NPRM would greatly impact the hospitality industry by expanding the variety of employees who are permitted to participate in a tip pool.

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As the 2020 United States Census goes into full effect, the U.S. Census Bureau is sending letters to various hotels requesting their participation in the 2020 Census count (the “Census”). Every time, our clients have the same question: do we have to participate?

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