Update: The City of Los Angeles revised the Worker Protection Order on April 10, 2020, to provide that, in lieu of handwashing, employers can provide employees with access to hand sanitizer at least every 30 minutes. The revised order can be located here.

Original text: Los Angeles Mayor Eric Garcetti issued a Worker Protection Order on April 7, 2020, which can be found here. Effective at 12:01 a.m. on Friday, April 10, 2020, all City of Los Angeles workers in the following “essential” businesses (as provided in Paragraph 5(vii) of the City of Los Angeles’s Safer at Home Order, issued on March 19, 2020) are required to wear face coverings (e.g., fabric coverings such as scarves and bandanas) over their noses and mouths while working:

• Restaurants and retail food facilities that prepare and offer food to customers via delivery service, to be picked up, or drive through
• Grocery stores, supermarkets, farmers markets, including water retailers, farm and produce stands, supermarkets, convenience stores, warehouse stores, food banks, certified farmers’ markets, and other establishments engaged in the retail sale of canned food, dry goods, fresh fruits and vegetables, fresh or frozen meats, fish, and poultry, or any other household consumer products, such as construction supplies, cleaning, and personal care products
• Individuals and businesses that ship or deliver groceries, food, beverages, or goods directly to residences or businesses
• Taxi drivers, ride share services, car rental companies, and other private transportation services
• Customer-facing pharmacies
• Pet stores or pet food suppliers (but not grooming or training)
• Laundromats, dry cleaners, and laundry service providers
• Shelters, food banks, social service providers, and other organizations and businesses that provide food, social services, and other necessities of life for economically disadvantaged or otherwise needy individuals, including gang prevention and intervention, domestic violence, and homeless services agencies
• Funeral home workers and morticians
• Hardware and building supply stores, nurseries, and day labor centers
• Plumbers, electricians, exterminators, custodial/janitorial workers, moving services, HVAC installers, carpenters, day laborers, and those that provide handyman services
• Landscapers and gardeners
• Property managers and leasing agents
• Private security personnel
• Hotels, motels, and shared rental units

Employers of these workers must provide, at the employer’s expense, nonmedical grade face coverings for their employees working within the city of Los Angeles. The workers must wash the face coverings at least once per day. Single-use face coverings must be properly discarded.

Employers of these workers must permit their employees to wash their hands at least every 30 minutes. They also must also ensure their employees have access to clean and sanitary restrooms stocked with all necessary cleansing products or sanitizing agents.

Social distancing measures providing a “six-foot buffer” to the extent possible, must be implemented by employers for customers, visitors, and employees.

Customers and visitors of these types of businesses or organizations must also wear face coverings (e.g., fabric coverings such as scarves and bandanas) over their noses and mouths. Business owners and/or operators specified above have the right to refuse admission or service to any individual who fails to wear the requisite face coverings.

The mayor also recommends and encourages all “essential” retail businesses to install plexiglass to separate cashiers and customers at registers.

Failure to comply with the order is a misdemeanor subject to fines and imprisonment.

The order will remain in place until the end of the local emergency period. Other jurisdictions are also implementing regulations relating to face coverings

In light of this new order, employers who have workers and/or business in the city of Los Angeles should consult experienced employment counsel to ensure that they are in compliance.

© 2020 Perkins Coie LLP