SR Holguin, PC is a union-side labor and employment law firm with nearly four decades of experience representing private sector unions, public sector unions, and multi-employer trust funds. SR Holguin, PC is committed to providing full-service legal representation to each of our clients.

One way in which SR Holguin, PC ensures our clients and their members stay informed is by keeping you updated on recent developments relating to workers’ rights. Today’s updates come following the release of the September 2, 2020 Los Angeles City Council meeting agenda. There is one item in particular that could impact you.

Workers Who Could Be Impacted: Service Employee International Union, Local 721; Los Angeles Professional Managers Association; City Employees Association, Council 36; Los Angeles/Orange Counties Building and Construction Trades Council; Laborers International Union of North America; Engineers and Architects Association; Municipal Construction Inspectors Association; Los Angeles City Attorneys Association; International Union of Operating Engineers, Local 501; Los Angeles City Attorneys Management Association; Fiscal and Policy Professionals Association

As background, a June 22, 2020 Report from City Administrative Officer (CAO) states “[o]n April 20, 2020, the Mayor’s proposed budget for FY 2020/21 was released. In order to balance the budget the Mayor proposed 26 furlough days for most civilian employees. The furlough days are projected to save approximately $150M. Since early May, the CAO has been bargaining with civilian labor organizations regarding an alternative to furloughs. During those bargaining sessions labor proposed a separation incentive plan to provide a non-retirement-related cash incentive to retirement-eligible employees to retire.” Thus, the Separation Incentive Program (SIP) was bargained for.

One of the five key terms of the SIP as outlined in the Report provided “[a] minimum of one thousand three hundred (1,300) eligible employees must successfully enroll in the SIP in order for the SIP to be implemented. If the minimum 1,300 threshold is not met, the SIP will not be implemented.”

Agenda item 42 of the September 2, 2020 Los Angeles City Council meeting calls for the Council to consider “Communication[s] from the City Administrative Officer (CAO) relative to amendments to the Letters of Agreement (LOA) for the Separation Incentive Program (SIP) to remove the 1,300 participant minimum.”

The Fiscal Impact Statement provides “The CAO reports that as of June 22, 2020, $23.2 million were estimated in savings in FY 2020-21 with 1,425 participants. As the participation rate of the current SIP is lower, the savings from the program have been reduced. The actual savings will be determined primarily by the speed in which [Los Angeles City Employees Retirement System (LACERS)] …is able to process retirement applications.”

The recommendation for Council action is to “[a]pprove the eleven amendments, attached to Council file No. 20-0600-S56, to the previously adopted SIP LOAs for the [aforementioned] labor organizations.”

We hope these updates are helpful to you.

Fraternally,

SR Holguin, PC

SR Holguin, PC is a union-side labor and employment law firm with nearly four decades of experience representing private sector unions, public sector unions, and multi-employer trust funds. SR Holguin, PC is committed to providing full-service legal representation to each of our clients.

One way in which SR Holguin, PC ensures our clients and their members stay informed is by keeping you updated on recent developments relating to workers’ rights. Today’s updates come following the release of the September 1, 2020 Los Angeles County Board of Supervisors agenda. There are two items in particular that could impact you.

1. Workers Who Could Be Impacted: Workers throughout Los Angeles County

Agenda Item Number 18: “Expanding Worker Protections in Los Angeles County.”

A Motion will be introduced by Supervisor Mark Ridley-Thomas (2nd District) and Supervisor Sheila Kuehl (3rd District). The motion states “[t]hese are uneasy times for workers…total unemployment claims in the State of California since March 8, 2020 has surpassed 7.1 million. For those who are continuing to work, many are being forced to make the difficult decision to choose between their financial well-being and their health at high-exposure jobs…workplace transmissions account for almost half (47.7%) of COVID-19 cases, and these impacts are particularly felt among the Latinx and Black workers that represent a disproportionately large part of the essential workforce…

As the economy adapts to, and ultimately transcends, the COVID-19 pandemic, it is not only a moral responsibility, but an economic necessity, that efforts are taken to strengthen and expand the protection of the County’s workforce, particularly for those in low-wage and vulnerable jobs. Studies…have shown that strong worker protections that drive down job vulnerability, such as investments in training, benefits, and predictable scheduling, decrease turnover and increase productivity, preserve employer-employee relations, and attract economically complex industries that accelerate regional economic growth. 

Accordingly, the County should explore opportunities to streamline and expand the resources available for employees and employers to create healthier work environments. This should include the potential creation of a single office that would centralize the County’s various worker protection efforts, including the minimum wage and Fair Chance Ordinance enforcement, dispute resolution, and other related initiatives. Such an office would also develop and promote policies and standards that support the County’s workforce, particularly for those that are more vulnerable to substandard work environments.”

As such, the Motion would direct County departments “in consultation with relevant stakeholders, to report back to the Board of Supervisors in writing within 60 days on how the County of Los Angeles…can improve and centralize efforts related to protecting and enforcing workers’ rights, including, but not limited to, the following: 1. Establishment of an Office of Labor Equity, which would promote and enforce the County’s labor laws, as well as lead labor policy research and development with a focus on racial, health and economic equity, including potential funding and implementation plans to enable adequate enforcement authority; and 2. Centralizing, under the Office of Labor Equity, various worker protection initiatives including wage enforcement, dispute resolution, outreach, and other relevant programs and educational information currently offered by various County Departments.”

2. Workers Who Could Be Impacted: Los Angeles County Employees

Agenda Item Number 27 entitled “Medical, Dental, Life Insurance and Disability Plans for 2021.”

As an administrative matter requiring 3 votes to pass, and pursuant to a Board Letter, the County’s Acting Chief Executive Officer Fesia Davenport recommends that the Board “[a]pprove the proposed premium rates for County-sponsored medical and dental plans for represented and non-represented employees for the period of January 1, 2021 through December 31, 2021; basic life and accidental death and dismemberment insurance rates for represented and non-represented employees and, for represented employees only, optional group term life and dependent term life insurance rates for the period of January 1, 2021 through December 31, 2022; Optional Group Variable Universal Life and dependent term life insurance and Survivor Income Benefit rates for non-represented employees for the period of January 1, 2021 through December 31 2021; and rates for Short-Term Disability, Long-Term Disability (LTD) and LTD Health Insurance plans; and take the following related actions: Instruct County Counsel to review and approve as to form the appropriate agreements and/or amendments with various insurance carriers for the period of January 1, 2021 through December 31, 2021 and with SafeGuard Health Plans, Inc. and Life Insurance of North America, or their successors or affiliates, as necessary for the period of January 1, 2021 through December 31, 2022; and Instruct the Chair to sign the agreements and/or amendments; Approve the proposed premium rates for the health plans sponsored by the Association for Los Angeles Deputy Sheriffs, Inc. and the Los Angeles County Fire Fighters Local 1014, and proposed premium rates for the California Association of Professional Employees for the period of January 1, 2021 through December 31, 2021; and Instruct the Auditor-Controller to make all payroll system changes necessary to implement the recommended changes to ensure that all changes in premium rates are first reflected on pay warrants issued on January 15, 2021.”

We hope these updates are helpful to you.

Fraternally,

SR Holguin, PC

SR Holguin, PC is a union-side labor and employment law firm with nearly four decades of experience representing private sector unions, public sector unions, and multi-employer trust funds. SR Holguin, PC is committed to providing full-service legal representation to each of our clients.

One way in which SR Holguin, PC ensures our clients and their members stay informed is by keeping you updated on recent developments relating to workers’ rights. Today’s updates come following the release of the August 26, 2020 Los Angeles City Council meeting agenda. There are two items in particular that could impact you.

1. Workers Who Could Be Impacted: Workers Throughout the City of Los Angeles

On August 5, 2020, a Motion was introduced by Councilmember Herb Wesson, Jr. (10th District) and seconded by Council President Nury Martinez (6th District). The Motion was discussed in more detail in a prior post on this site.

The motion called for “the City Attorney to prepare and present an ordinance that: 1) requires all employers to report to the City and the County when three or more of its employees test positive in a 2-week period…; 2) applies the same standards, to the extent feasible, to business owners utilizing legitimate independent contractors.; 3) allows the City and County to use the information collected above to assess the needs for testing at specific locations and industries; and 4) contains penalties and enforcement provisions for employers or business owners who fail to comply and anti-retaliation protections for employees who report non­compliance with the ordinance.”

The Motion was heard by the City Council’s Ad Hoc Committee on COVID-19 Recovery and Neighborhood Investment on August 19, 2020. The Committee’s report states in part “[a]fter an opportunity for public comment was held, the Committee moved to approved the recommendations as reflected above. This matter is now forwarded to the City Council for its consideration.”

Agenda item 28 of the August 26, 2020 Los Angeles City Council meeting agenda calls for the full City Council’s consideration of the Motion and the Committee’s recommendation for its approval.

2. Workers Who Could Be Impacted: Workers Throughout the City of Los Angeles

On May 12, 2020, a Motion was introduced by Assistant Council President Pro Tempore David Ryu (4th District) and seconded by Councilmember Paul Koretz (5th District). The motion provided in part “with cars sequestered in garages, thousands of airplanes on the ground, all Californians under some form of self-isolation or quarantine, and places of work temporarily closed, we have also seen a number of positive environmental effects…the City of Los Angeles and many businesses in the region have made significant investments in technology and their workforce to maintain operations during the Safer at Home Order, and some industries will carry over these investments in the long-run as businesses look to recover and leverage technology to improve resiliency. Roles that have always been performed from an office location are now being considered for remote work, telecommuting and/or staggered work days. The City of Los Angeles has a responsibility and role to play in encouraging and incentivizing these changes.” 

As such, the Motion called for, among other things, “the Personnel Department, Information Technology Agency and General Services Department, with the assistance of the Chief Legislative Analyst and City Administrative Officer, be instructed to report back on the feasibility of implementing a remote work, telecommute and/or staggered work day program for City employees who are able to effectively carry out their job responsibilities and assigned tasks from an off-site location…. [and] that the City Administrative Officer, with the assistance of the Office of Finance, Economic and Workforce Development Department, Chief Legislative Analyst, and any other departments, agencies or external non-governmental partners, as needed, be instructed to report back on any financial and/or fiscal mechanisms the City could employ to incentivize private businesses within the City of Los Angeles to adopt remote work, telecommuting and/or staggered work day programs for employees.” 

The Motion was referred to the Energy, Climate Change, and Environmental Justice Committee, and Personnel and Animal Welfare Committee, both of which waived consideration of the Motion.

Agenda item 29 of the August 26, 2020 Los Angeles City Council meeting agenda calls for the full City Council’s consideration of the Motion.

We hope these updates are helpful to you.

Fraternally,

SR Holguin, PC

SR Holguin, PC is a union-side labor and employment law firm with nearly four decades of experience representing private sector unions, public sector unions, and multi-employer trust funds. SR Holguin, PC is committed to providing full-service legal representation to each of our clients.

One way in which SR Holguin, PC ensures our clients and their members stay informed is by keeping you updated on recent developments relating to workers’ rights. Today’s updates come following the release of the August 25, 2020 Los Angeles City Council meeting agenda. There are two items in particular that could impact you.

1. Workers Who Could Be Impacted: Undocumented Immigrants Interested in Becoming City of Los Angeles Employees

On July 29, 2020, Councilmember Gil Cedillo (1st District) introduced a Motion that provided in part “The pandemic destroyed large swaths of jobs that were filled by undocumented persons, and many of the new jobs that have become available since the start of the pandemic are closed to individuals without work authorization…While the State has provided some COVID-19 relief support for the undocumented community, the City and County could do more to assist this significant population, by removing legal status requirements from job postings. Currently, the City and County have jobs that include a legal status requirement, which renders undocumented immigrants unable to apply for these positions. It would benefit the City and County to reevaluate whether jobs should continue to be closed off to a significant, vulnerable portion of the population.” 

As such, the Motion called for “the Personnel Department [to] prepare a report with a list of City and County jobs that have a legal status requirement, in order to begin the conversation of how to hire for these jobs without consideration of an applicant’s legal status.”

The Motion was heard by the Personnel and Animal Welfare Committee on August 19, 2020. The Committee’s report states in part “[a]fter consideration and having provided an opportunity for public comment, the Committee Chair [Councilmember Paul Koretz (5th District)] moved to recommend approval of the Motion. This matter is now submitted to Council for its consideration.”

Agenda item 23 of the August 25, 2020 Los Angeles City Council meeting agenda calls for the full City Council’s consideration of the motion and the Committee’s recommendation for its approval.

2. Workers Who Could Be Impacted: Undocumented City of Los Angeles Employees

On July 29, 2020, Councilmember Gil Cedillo (1st District) introduced a Motion seconded by Council President Nury Martinez (6th District) for Councilmember Herb Wesson, Jr. (10th District). The Motion provides in part “The COVID-19 pandemic has revealed the significant hurdles that undocumented people face in the United States upon losing employment. These people are not afforded the same rights as their neighbors, and are denied unemployment benefits and relief opportunities. During the pandemic, undocumented people have been forced to continue to work in dangerous conditions in order to survive. The City could take additional steps to protect its undocumented population, and provide these individuals with job opportunities, and with a pathway toward citizenship. The City currently allows [Deferred Action for Childhood Arrivals] DACA recipients to apply for open positions, but a new program could be created that would provide additional support to individuals without work authorization. The City could create a new jobs program that would provide a pathway to citizenship for undocumented immigrants. This program could provide support to participants as they navigate the pathway toward naturalization, as part of a participant’s employment.” 

As such, the Motion called for “the Personnel Department [to] be directed to report, with assistance from the City Administrative Officer and the City Attorney, on the creation of a program that would provide a pathway to citizenship through City jobs, which seeks to support undocumented City employees through the naturalization process.”

The Motion was heard in the Personnel and Animal Welfare Committee meeting on August 19, 2020. The Committee’s report states in part “[a]fter consideration and having provided an opportunity for public comment, the Committee Chair [Councilmember Paul Koretz (5th District)] moved to recommend approval of the Motion. This matter is now submitted to Council for its consideration.”

Agenda item 24 of the August 25, 2020 Los Angeles City Council meeting agenda calls for the full City Council’s consideration of the Motion and the Committee’s recommendation for its approval.

We hope these updates are helpful to you.

Fraternally,

SR Holguin, PC

SR Holguin, PC is a union-side labor and employment law firm with nearly four decades of experience representing private sector unions, public sector unions, and multi-employer trust funds. SR Holguin, PC is committed to providing full-service legal representation to each of our clients.

One way in which SR Holguin, PC ensures our clients and their members stay informed is by keeping you updated on recent developments relating to workers’ rights. Today’s updates come following actions by the Los Angeles City Council and the California State Legislature regarding requiring employers to report cases of Coronavirus Disease 2019 (COVID-19).

1. Workers Who Could Be Impacted: Workers Throughout the City of Los Angeles

At the August 5, 2020 Los Angeles City Council meeting, a Motion was introduced meeting by Councilmember Herb Wesson, Jr. (10th District) and seconded by Council President Nury Martinez (6th District). The motion provides “the City is currently engaging in a reopening of its economy with many Angelinos returning to their daily recreational activities, and even more residents returning to the workplaces. It is critical that City is prepared to quickly track and monitor the spread of COVID-19 in its workplaces in order to assess the need for testing and other resources for specific industries and geographic areas.” 

As such, the motion requests “that the City Attorney to prepare and present an ordinance that: 1) requires all employers to report to the City and the County when three or more of its employees test positive in a 2-week period…; 2) applies the same standards, to the extent feasible, to business owners utilizing legitimate independent contractors.; 3) allows the City and County to use the information collected above to assess the needs for testing at specific locations and industries; and 4) contains penalties and enforcement provisions for employers or business owners who fail to comply and anti-retaliation protections for employees who report non­compliance with the ordinance.”

The Motion was referred to the City Council’s Ad Hoc Committee on COVID-19 Recovery and Neighborhood Investment.

2. Workers Who Could Be Impacted: Workers Throughout California 

Similarly, AB 685 entitled “Occupational safety: COVID-19 exposure: notification” is a California State Assembly Bill (AB) authored by Assemblymember Eloise Gómez Reyes (47th District- Grand Terrace). 

AB 685 originally dealt with providing legal services to Indian tribes in child welfare matters, but was gutted and amended in the California State Senate. A gut and amend occurs “when amendments to a bill remove the current contents in their entirety and replace them with different provisions.”

Following the gut and amend, the “bill would require a public or private employer to provide specified notifications to its employees, the Division of Occupational Safety and Health, and the State Department of Public Health, relating to the exposure of its employees to COVID-19 that the employer knew of or should have reasonably have known of…The bill would make it a misdemeanor if an employer violates the notification requirements of these provisions…”

The Bill was referred to the Senate Committee on Appropriations where it will be heard on August 13, 2020. 

We hope these updates are helpful to you.

Fraternally,

SR Holguin, PC