As discussed in our previous issue of Compliance Matters, both the County of Los Angeles and the City of Los Angeles enacted vaccination mandates covering certain businesses.
Los Angeles County
The County’s mandate went into effect on October 7th, requiring patrons of bars, breweries, wineries, distilleries, nightclubs, and lounges to provide proof that they have received at least one dose of COVID-19 vaccination for entry into the indoor portions of the facility.
Beginning November 4th, both patrons and on-site employees of covered establishments must provide proof of full vaccination (i.e., 14 days have passed since their final COVID-19 vaccination dose) to enter the indoor portions of the facility.
Covered employees may be exempt from the vaccination requirements only if they provide a signed declination form stating that they cannot receive the vaccine due to a sincerely held religious belief or qualifying medical reason. If the employer determines that an employee is exempt, then the employee must be tested for COVID-19 at least once per week.
The County has issued a helpful detailed business toolkit to assist employers in their efforts to comply with the vaccination requirements.
City of Los Angeles
The City’s vaccination ordinance is different from the County’s in several important respects. In regard to coverage, it’s broader than the County’s mandate because it covers any establishment where food or beverages are served (and not just those in the County ordinance), gyms and fitness venues, entertainment and recreation venues, and personal care establishments. Notably, it does not cover retail stores.
Further, unlike the County’s mandate, the City’s ordinance does not cover employees, only patrons.
The City’s ordinance goes into effect on November 8th and, with certain exceptions, requires all patrons wishing to enter the indoor portion of the covered establishment to show proof of full vaccination prior to entry.
Patrons may be exempt from the vaccination requirements only if they verbally attest that they cannot receive the vaccine due to a sincerely held religious belief or medical condition. If so, the patron may only use the indoor portions of the establishment if the outdoor portions are unavailable and the patron shows proof of a negative COVID-19 test taken within the previous 72 hours and a photo ID.
The City’s Economic & Workforce Development Department (“EWDD”) recently created a webpage with helpful resources for businesses covered by the ordinance, including sample signage.
We will continue to monitor major COVID-19 related developments that impact the workplace. If you have any questions about the matters discussed in this issue of Compliance Matters, please call your firm contact at 818-508-3700 or visit us online at www.brgslaw.com.
Sincerely,
Richard S. Rosenberg
Katherine A. Hren
Charles H.W. Foster
Ballard Rosenberg Golper & Savitt, LLP
