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(Added by Ord. No. 186,591, Eff. 4/10/20.)
Section
200.10 Purpose.
200.11 Definitions.
200.12 Right to Schedule Changes.
200.13 Additional Work Hours Offered to Current Employees Before Hiring New Workers.
200.14 Additional Requirement for Food Deliveries.
200.15 Retaliatory Action Prohibited.
200.16 Enforcement.
200.17 No Waiver of Rights.
200.18 Coexistence with Other Available Relief.
200.19 Conflicts.
200.20 Sunset.
200.21 Severability.
As a result of the outbreak of the COVID-19 virus, on March 4, 2020, Governor Gavin Newsom declared a State of Emergency in California and Mayor Eric Garcetti declared a State of Emergency in the City of Los Angeles. On March 11, 2020, the World Health Organization officially declared the health crisis a pandemic. The COVID-19 pandemic (Pandemic) has rapidly forced the closure of schools and many businesses, including, but not limit to, movie theaters, bars, restaurants and venues holding group events. On March 19, 2020, Mayor Garcetti issued a “Safer at Home” emergency order, ordering all residents to stay inside their homes and immediately limit all movement outside their homes beyond what is necessary to take care of essential needs. On March 19, 2020, Governor Gavin Newsom also ordered all individuals living in the State of California to stay home or at the place of residence with certain exceptions.
The pandemic has resulted in the closure of many businesses throughout the City. Supermarkets, grocery stores, warehouse food stores, and drug retail stores have remained opened during this health crisis, giving many residents the only means to purchase necessary and essential food and household items. The pandemic has resulted in long customer lines and often large numbers of customers inside the stores.
Many people rely on food delivery platforms such as Instacart, Amazon Fresh, Postmates, Uber Eats, Grub Hub, and Doordash to purchase their groceries and restaurant foods. Delivery drivers and the consumers they service are doing their best to practice social distancing to reduce the risk of spreading the virus.
Workers at grocery and drug retail stores and food delivery platforms have joined the front-line responders to the public health emergency, ensuring the public continues to have access to essential needs. These workers are taking precautions to minimize the risk of exposure to themselves and the public they serve, including employing social distancing, while they also face the same hardships most Angelenos now face regarding child care needs during school closures and caring for sick and/or elderly family members. Through this ordinance, the City seeks to enhance the protection of the public health and safety of workers and residents.
The following definitions shall apply to this article:
A. “City” means the City of Los Angeles.
B. “Employee” means any worker of a grocery retail, drug retail store or Food Delivery Platform that either physically works at a retail location that is open to the public, or shops or picks-up groceries and other food orders from a grocery retail store, restaurant, or other retail food facility for the purpose of delivering the items to a consumer. For purposes of this article, a worker is presumed to be an Employee of an Employer, and an Employer has the burden to demonstrate that a worker is a bona fide independent contractor and not an Employee.
C. “Employer” means any of the following:
1. A grocery retail store in the City of Los Angeles that sells primarily food or household goods, including the sale of fresh produce, meats, poultry, fish, deli products, dairy products, canned foods, dry foods, beverages, baked foods, and/or prepared foods;
2. A drug retail store in the City of Los Angeles that sells a variety of prescription and nonprescription medicines and miscellaneous items, including but not limited to drugs, pharmaceuticals, sundries, fresh produce, meats, poultry, fish, deli products, dairy products, canned foods dry foods, beverages, prepared foods, and other merchandise; or
3. A Food Delivery Platform.
D. “Food Delivery Platform” means an online business that acts as an intermediary between a consumer and a grocery store, restaurant, or other food facility, and arranges for the delivery of the order from the grocery store, restaurant, or other food facility to a consumer in the City of Los Angeles.
A. An Employer shall approve an Employee’s request to change a work schedule under any of the following circumstances:
1. To provide daycare for the Employee’s own child;
2. To care for a sick member of the Employee’s immediate family or member of its household; or
3. If the Employee feels ill, exhibits a symptom of COVID-19 as identified by the Center for Disease Control, or suspects having been exposed to COVID-19.
Before hiring a new Employee or using a contract, temporary service or staffing agency to perform work, an Employer shall first offer the work to current Employees if:
A. The current Employee is qualified to do the work as reasonably determined by the Employer; and
B. The additional work hours would not result in the payment of a premium rate under California Labor Code Section 510.
A Food Delivery Platform shall offer its Employee the option of a “no-contact’ delivery method. A Food Delivery Platform shall provide its Employee with written guidance and detailed instructions on how safely to make a “no- contact” delivery.
No Employer shall discharge, reduce in compensation, reduce work hours, or otherwise discriminate against any Employee for opposing any practice proscribed by this article, for participating in proceedings related to this article, for seeking to enforce their rights under this article by any lawful means, or for otherwise asserting rights under this article.
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