Labor & Employment Law Blog

Lower Risk Businesses May Reopen Subject to Protocols

The Order allows “Lower Risk Businesses” to re-open, as long as these businesses prepare, implement, and post protocols for ensuring employee health, safety, social distancing, and infection control.  The four categories of Lower Risk Businesses are (1) retail businesses; (2) businesses that support retail business; (3) non-essential office based businesses; and (4) indoor malls and shopping centers, which may re-open up to 50% of overall shopping center capacity.  The required protocols for retail businesses can be found here. Protocols for manufacturing and logistics businesses that support retail business can be found here.  Non-essential office business protocols can be found here.  Protocols for indoor malls and shopping centers can be found here.

Although allowing non-essential office based businesses to re-open, the Health Officer strongly encourages telework for non-essential office based businesses.

Expansion of Permitted Activities

In-person places of worship may also re-open, provided that the gathering of congregants is limited to the lesser of 25% of the total maximum building occupancy or a maximum of 100 people.  Faith-based organizations holding in-person services must follow specific protocols, available here.

Businesses interested in hosting “drive-thru” events must follow Vehicle Based Parade Protocols, available here.

Social Distancing Protocols Remain

The County still requires all persons to practice Social Distancing at all times and to wear a cloth face covering when in contact with others who are not from the same household.  Essential Businesses may remain open, subject to existing Social Distancing Protocols, available here.

The LA County Health Officer continues to emphasize that all persons should remain in their places of residence whenever practicable, especially people 65 or older and all people who have active or unstable pre-existing health conditions.  The Health Officer strongly recommends that employers offer telework or other accommodations to these higher-risk individuals. 

Other Businesses, Services, and Gatherings Remain Prohibited

Unlike many surrounding counties, restaurant dine-in services remain closed, as well as the following continued closures, with exceptions noted below:

• Bars and nightclubs
• Gyms and fitness centers
• Movie theaters, live performance venues, and concert halls
• Sports stadiums, arenas, theme parks, and festival spaces
• Bowling alleys and arcades
• Public piers
• Personal grooming businesses such as hair and nail salons
• Indoor museums, galleries, and zoos
• Community centers

Public pools and hot tubs remain closed, unless within a multi-unit residence or Homeowners’ Association.  Playgrounds remain closed, unless located within a childcare center. 

If you have any questions about whether and how your business may re-open, contact the authors or your regular counsel at AALRR.