Berkeley, Los Angeles (city and county), San Jose, and Santa Clara COVID-19 Hazard Pay

Berkeley, Los Angeles (city and county), San Jose, and Santa Clara COVID-19 Hazard Pay

On March 9, 2021, the County of Santa Clara Board of Supervisors adopted the Temporary COVID-19 Hazard Premium for Specified Workers in Unincorporated County Ordinance, which provides an additional $5 per hour in hazard pay to employees of grocery stores and drugstores who are working in the county. The ordinance applies to grocery stores or drugstores with 300 employees nationally and 15 or more in a local store and franchisees (whose franchisor has 300 employees nationally and owns at least 10 stores in California. The ordinance is effective April 8, 2021 and is effective for the earlier of either 180 days or the end of the county’s COVID-19 health emergency.

Effective March 8, 2021, Los Angeles City Premium Hazard Pay for On-Site Grocery and Drug Retail Workers Ordinance provides an additional $5 per hour hazard pay to grocery, drugstore, and retail workers who work at least two hours per week in the city. Exempt managers are not entitled to hazard pay. The ordinance applies to grocery stores, drugstores, and retailers (with a local store that is at least 85,000 square feet and 10 percent of its sales are in drugs or groceries) in the city with more than 300 employees nationally and more than 10 employees onsite in the city. The hazard pay requirement expires in 120 days unless extended.

On February 23, 2021, the County of Los Angeles Board of Supervisors enacted the COVID-19 Hero Pay urgency ordinance, which provides an additional $5 per hour in hero pay to employees working in grocery stores and drug stores in the unincorporated areas of the county (county) and who work at least two hours per week in the county. The ordinance applies to grocery stores, drug stores, and large retailers that sell groceries, that are publicly traded or nationally have 300 or more employees, and have more than 10 employees per store. The hero pay requirement took effect February 26, 2021 and is effective for 120 days unless extended.

On February 23, 2021, the Berkeley City Council enacted the Hazard Pay for Grocery Workers Ordinance, which immediately guarantees an additional $5 per hour hazard pay to grocery workers in Berkeley. The ordinance applies to Berkeley grocery workers employed by a business with 300 or more grocery store workers in California. The hazard pay requirement is effective until Berkeley’s COVID-19 case positivity rate falls below two percent (equivalent to the state’s Yellow Tier) or for 120 days, whichever is sooner.

On February 23, 2021 the San Jose City Council adopted the Grocery Store Employee Hazard Premium Pay Ordinance, which provides an additional $3 per hour in hazard premium pay to employees of grocery stores who are working at least two hours a week in the city. The ordinance applies to grocery stores with 300 or more employees nationally, regardless of where they are employed, and franchisees. The ordinance is effective March 25, 2021 and expires in 120 days.

Employers must provide their workers with notice of their rights under these laws.