Despite the Governor’s recent announcement for a tentative reopening of the state by June, California’s legislature has been busy passing COVID-19-related laws. At the end of March, the Governor signed Senate Bill 95, which resurrected and expanded supplemental paid sick leave. And more recently, the Governor signed Senate Bill 93, which implemented a statewide right of reemployment for certain industries.

Over the last four months, numerous localities (including the City of Los Angeles, Los Angeles County, Costa Mesa, Irvine, and others) across California have issued or considered “hazard” or “hero” pay ordinances that mandate premium pay for grocery and drug store employees and similar industries. While several lawsuits have been filed seeking to strike down these local ordinances, the state is considering two statutes that would support them.

First, Assembly Bill 889, would require the owner of a grocery store as soon as possible, but not later than 60 days or 180 days before a planned closure of a grocery establishment, to provide written notice of the intended closure to the city and county in which the grocery store is located, the local workforce development board, and the State Department of Social Services, along with other requirements for store closures. While at first blush this ordinance seemingly has little to do with the hero pay ordinances, as support for the bill, the proposed statute explicitly cites to planned grocery closures allegedly done in response to implemented hero pay ordinances.

In addition to the grocery industry, the state legislature is also considering Assembly Bill 650, which would mandate hazard pay retention bonuses for employees in the health care industry. The bonuses would be in addition to all other compensation paid to eligible health care workers. The bill would also make it a violation for a covered employer to discharge, lay off, or reduce a covered health care worker’s compensation or hours to prevent that worker from receiving hazard pay retention bonuses.

Jackson Lewis will continue to track local and state laws pertaining to employers and COVID-19. If you have questions about hazard pay or related issues, contact a Jackson Lewis attorney to discuss.

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Photo of Laura A. Pierson-Scheinberg Laura A. Pierson-Scheinberg

Laura A. Pierson-Scheinberg is a principal in the San Francisco, California, and Baltimore, Maryland, offices of Jackson Lewis P.C and is the leader of the Retail industry group.

Laura represents employers in labor and employment matters, with a particular focus on traditional labor…

Laura A. Pierson-Scheinberg is a principal in the San Francisco, California, and Baltimore, Maryland, offices of Jackson Lewis P.C and is the leader of the Retail industry group.

Laura represents employers in labor and employment matters, with a particular focus on traditional labor issues, union elections and unfair labor practice charges. She has extensive experience in collective bargaining, from serving as chief spokesperson to developing strategy behind the scenes. Laura’s background includes bargaining for both large and small clients from a local to a national level in a wide range of industries, including, but not limited to, manufacturing, retail and healthcare. When recessive bargaining and labor-management disputes become strikes, she has worked with her clients to develop contingency plans and strike preparedness. She also has experience with government contractors subject to the Service Contract Act.

Photo of Kymiya St. Pierre Kymiya St. Pierre

Kymiya St. Pierre is a principal in the Orange County, California, office of Jackson Lewis P.C. Her practice focuses on representing employers in workplace law matters, including preventive advice and counsel. She practices before the National Labor Relations Board, and state and federal…

Kymiya St. Pierre is a principal in the Orange County, California, office of Jackson Lewis P.C. Her practice focuses on representing employers in workplace law matters, including preventive advice and counsel. She practices before the National Labor Relations Board, and state and federal agencies and courts.

Kymiya has represented management in union organizing drives and elections. She has defended employers in unfair labor practice and compliance proceedings. Kymiya also provides advice and counsel regarding labor and employment law with respect to various issues, including providing workplace training and preventive advice and counsel. She has defended employers regarding different varieties of wrongful termination and discrimination claims.