Your Food Delivery Worker May Soon Be Certified

Ervin Cohen & Jessup LLP
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Ervin Cohen & Jessup LLPOn July 21, 2020, the Los Angeles County Board of Supervisors announced that it would be considering a county-wide requirement for food delivery workers to obtain a food handler certification. The Board noted that food delivery network companies, including Instacart and Uber Eats, are essential businesses during the COVID-19 pandemic, and they rely on independent gig workers. 

The Motion, put forward by Supervisors Hilda Solis and Sheila Kuehl, sought more information on the feasibility and costs of requiring these workers to obtain a food handler certification in order to operate in Los Angeles County.

The Board requested the County’s Chief Executive Officer to work with County Counsel and the Department of Public Health to investigate and assess the availability of food handler American National Standard Institute accredited certification courses, their cost and the best practices/benefits of the certificate’s safe food handling, employee health impacts, and their emphasis on cleaning and sanitizing.

During its August 4, 2020 meeting, the Board will hear the report and may impose a requirement that Food Delivery Network Companies and their drivers obtain a food handler certification to operate in the County. Food handler courses take approximately 2 hours to complete and are valid for three years in Los Angeles County. 

Additionally, at the same meeting, the Board expanded the emergency food delivery fee cap that it passed on June 9, 2020 to include unincorporated areas of the County of Los Angeles. These restrictions cap fees for delivery companies at 15%, require disclosure of fees and charges to customers, and prohibit reduction of compensation to delivery drivers as a result of the ordinance. The Los Angeles City Council unanimously passed a similar cap on delivery services in the City on May 9, 2020, and an ordinance was enacted on June 3, 2020.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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