Following New York City and San Francisco, Los Angeles is the latest city to require proof of vaccination for individuals entering indoor portions of establishments.  This ordinance, which the Los Angeles City Council approved in an 11-to-2 vote, takes effect November 4, 2021.  However, beginning October 21, 2021, the ordinance requires businesses and City facilities to display an “advisory notice” informing patrons that, beginning on November 4, 2021, they must provide proof of vaccination in order to enter any indoor portion of the business.

Establishments covered under the ordinance include those where food or beverages are served, gyms and fitness venues, entertainment and recreation venues, personal care establishments and City buildings.  Proof of vaccination, or a negative Covid-19 test, will also be required of those attending outdoor events with 5,000 or more individuals.  Proof of vaccination must be cross-checked against photo identification for each patron who appears to be 18 years of age or older.

A patron may be exempted from vaccination requirements due to medical or religious reasons if the patron provides a “self-attestation” that he or she has a qualifying medical condition or a sincerely held religious belief.  Upon receipt of an applicable self-attestation, businesses must allow the patron to use any outdoor portion of the business.  If no outdoor portion is available, a patron with an exemption may be permitted indoors by providing proof of a recent negative Covid-19 test and accompanying photo identification.  Patrons who have no proof of vaccination or exemption can still utilize outdoor portions of a business or enter indoors briefly to use the restroom or pick up a takeout order, but must wear a mask.

Business owners who fail to abide by this ordinance will be warned after the first violation, fined $1,000 for the second violation, fined $2,000 for the third violation and fined $5,000 for subsequent violations.  Fines will be assessed starting November 29, 2021.  There are still questions about which agency will enforce the ordinance.

We will continue to monitor this ordinance and provide any relevant updates.

Photo of Tony Oncidi Tony Oncidi

Anthony J. Oncidi heads the Labor & Employment Law Group in the Los Angeles office.

Tony represents employers and management in all aspects of labor relations and employment law, including litigation and preventive counseling, wage and hour matters, including class actions, wrongful termination…

Anthony J. Oncidi heads the Labor & Employment Law Group in the Los Angeles office.

Tony represents employers and management in all aspects of labor relations and employment law, including litigation and preventive counseling, wage and hour matters, including class actions, wrongful termination, employee discipline, Title VII and the California Fair Employment and Housing Act, executive employment contract disputes, sexual harassment training and investigations, workplace violence, drug testing and privacy issues, Sarbanes-Oxley claims and employee raiding and trade secret protection. A substantial portion of Tony’s practice involves the defense of employers in large class actions, employment discrimination, harassment and wrongful termination litigation in state and federal court as well as arbitration proceedings, including FINRA matters.

Photo of Philippe A. Lebel Philippe A. Lebel

Philippe (Phil) A. Lebel represents employers in all aspects of employment litigation, including wage and hour, wrongful termination, discrimination, harassment, retaliation, whistleblower, trade secrets, and breach of contract litigation, in both the single-plaintiff and class-action context, at both the trial and appellate level…

Philippe (Phil) A. Lebel represents employers in all aspects of employment litigation, including wage and hour, wrongful termination, discrimination, harassment, retaliation, whistleblower, trade secrets, and breach of contract litigation, in both the single-plaintiff and class-action context, at both the trial and appellate level, and before administrative agencies. Phil also represents employers in connection with labor law matters, such as labor arbitrations and proceedings before the National Labor Relations Board. Additionally, Phil counsels clients to ensure compliance with federal and state labor and employment laws and assists a variety of companies and financial firms in evaluating labor and employment issues in connection with corporate transactions. Phil also has experience assisting employers with sensitive employee investigations.

Phil has assisted clients with labor and/or employment issues in a wide array of sectors including in the entertainment, financial services, fitness, retail, telecommunications, healthcare, insurance, education, media, high-tech, biotech, manufacturing, transportation, professional services, and staffing industries, among others.

Phil regularly speaks on emerging issues for employers and has been published or quoted in Law360, the Daily JournalBusiness Insurance, and SHRM.org regarding a variety of labor and employment law topics.

During college, Phil worked on political campaigns in Atlanta, Georgia and Birmingham, Alabama, and was an intern with the National Gay and Lesbian Task Force and the Gay and Lesbian Victory Fund. Phil is a former member of the Board of Directors of the AIDS Legal Referral Panel.

Ariel Brotman

Ariel Brotman is an associate in the Labor Department and a member of the Employment Litigation & Arbitration Group.