On Monday, April 27th, six Bay Area counties and the City of Berkeley announced that they will issue revised Shelter-In-Place Orders extending through May. The current Shelter-In-Place Orders were set to expire on May 3rd.

The six Bay Area counties extending their Shelter-in-Place Orders include Alameda, Contra Costa, Marin, San Francisco, San Mateo, and Santa Clara. Health officials stated that the revised Shelter-In-Place Orders will “largely keep the current restrictions in place” but will “include limited easing of specific restrictions for a small number of lower-risk activities.” They did not provide a date for the issuance of the revised Shelter-In-Place Orders and did not specify which activities will see an easing of restrictions. 

While officials acknowledged substantial progress in slowing the spread of COVID-19, any future easing of restrictions requires that each jurisdiction and various sectors continue to rapidly build critical infrastructure and systems to respond to and control the spread of COVID-19 and to ensure the health care system’s ability to meet demand.

San Francisco also passed an emergency ordinance last week affecting grocery stores, restaurants, drug stores, and on-demand delivery services. The ordinance imposes new obligations on these employers in three areas: (1) hygiene; (2) social distancing protocol; and (3) cancellation of shifts. As the ordinance applies to all workers performing two hours of work per week in San Francisco regardless of their employment classification, the ordinance covers independent contractors as well as employees. The largest impact concerns on-demand delivery services.

Hygiene. Employers must provide workers with hand sanitizer, soap and water, or effective disinfectant in the workplace. Employers must reimburse on-demand delivery service workers for reasonable costs of purchasing hand sanitizer, disinfecting cleaning supplies, and any needed personal protective equipment (i.e., gloves and facemasks). Moreover, employers must offer a no-contact delivery method where feasible with detailed guidance on how to safely make both in-person and no-contact deliveries. Employers must also require delivery drivers to regularly disinfect high-touch surfaces in their vehicles and compensate them for time spent doing so.

Social Distancing Protocol. Employers must provide a Social Distancing Protocol to each employee who works at a facility and post the Protocol in each facility. For on-demand delivery service workers, employers must provide the Social Distancing Protocol via electronic communications and/or posting conspicuously on the employer’s platform.

Cancellation of Shifts. Employers must approve requests to cancel work for any reason applicable under San Francisco’s Paid Sick Leave Ordinance, the Agency’s rules and guidances implementing the Paid Sick Leave Ordinance, or the FFCRA and allow employees to use any available accrued paid sick leave or to reschedule work.

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   .

Richard S. Rosenberg
Katherine A. Hren
Charles Foster
Ballard Rosenberg Golper & Savitt, LLP