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10 Apr

April 2020: Worker Protection Order

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Applies to:
Covered Businesses, which include the following:

  • Grocery stores, 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, pet food and medication supply (but not grooming or training), fresh or frozen meats, fish, and poultry, any other household consumer products (such as construction supplies, cleaning and personal care products);
  • 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);
  • Hardware and building supply stores, day labor centers, and nurseries;
  • Plumbers, electricians, exterminators, custodial/janitorial workers, handyman services, funeral home workers and morticians, moving services, HVAC installers, carpenters, day laborers, landscapers, gardeners, property managers and leasing agents, private security personnel;
  • Laundromats, dry cleaners, and laundry service providers;
  • Restaurants and retail food facilities that prepare and offer food to customers, but only via
  • delivery service, to be picked up, or drive-thru;
  • Individuals and businesses that ship or deliver groceries, food, beverages or goods directly to residences or businesses;
  • Taxis, ride sharing services, car rental companies, and other private transportation services; and
  • Hotels, motels, and shared rental units.

What happened?
Per the order signed by the governor on April 7, 2020, all covered businesses must abide by the new rules effective Friday, April 8 at 12:01 a.m. until the end of the local emergency period.

What are the details?

  1. Covered Businesses must provide face coverings (do not need to be medical-grade and may be fabric coverings). Any reusable masks must be washed at least once a day. Single use should be disposed.
  2. Customers and visitors must also wear face coverings.
  3. Covered Businesses may refuse admission or service to “any individual” who fails to wear a face mask.
  4. Covered Businesses must allow staff to wash hands every 30 minutes.
  5. Covered Businesses must ensure staff have access to clean and sanitary restrooms. These
    restrooms must be stocked with all “necessary cleansing products” or “sanitizing agents.”
  6. Social distance measures must followed at Covered Businesses, which includes a six-foot buffer between workers, customers, and visitors.
  7. An additional recommendation for all retail businesses to “install plexiglass to separate cashiers and customers at all points of sale.”

What do employers need to do?
Abide by the guidelines listed above. Failure to comply with this Order will be considered a
misdemeanor, subject to fines and imprisonment.

It is also recommended to post the Steps for handwashing poster:

Worker Protection Order:

Safer at Home Order:

Sheppard Mullin: Labor & Employment Law Blog


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