On April 7, 2020, Los Angeles Mayor Eric Garcetti issued an emergency order requiring nonmedical essential workers to wear nonmedical-grade face coverings while working. Employers must provide, and pay for, these face coverings for their employees. The order, which goes into effect on April 10, 2020, further specifies that reusable face coverings should be washed once a day, while single-use face coverings should be discarded after use. Employers must also implement social distancing measures and permit their nonmedical essential workers to wash their hands at least every 30 minutes. Under this order, customers must also wear face coverings when entering essential businesses and may be refused entry and service if they fail to do so. Failure to comply with the order may also result in a misdemeanor. Other areas of California, including San Bernardino County and Riverside County, have recently issued similar orders.
Such guidance may become more common as the Centers for Disease Control and Prevention (CDC) has begun recommending the use of face coverings alongside social distancing measures. Due to the critical need healthcare providers and first responders have for surgical masks, N95 respirators and other medical-grade personal protection equipment, the CDC has recommended that the general public use cloth face coverings, guidance echoed by Mayor Garcetti in his emergency order.
Manatt’s Employment and Labor team continues to closely track COVID-19-related developments and is available to provide guidance to employers on these issues. Please feel free to contact the team for additional information.
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