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 30, 2020 Los Angeles City Council meeting agenda. There is one item in particular that could impact you.

Workers Who Could Be Impacted: Workers throughout the City of Los Angeles

On July 29, 2020, a Motion was introduced by Councilmember Gil Cedillo (1st District) and seconded by Councilmember Monica Rodriguez (7th District). 

The Motion provided in part, “[g]iven the vast economic impacts of the COVID-19 pandemic, many of our city residents have been detrimentally impacted through the loss of their jobs. This unemployment is felt most heavily by those who are not college educated, and who are competing for jobs in a labor market where there are many potential employees and very few job opportunities. Given the economic vulnerability of many of our city residents, feasible land use policies must be explored to incentivize employment opportunities, particularly amongst those employed in service sector occupations.”

Therefore, the Motion called for the “the Council [to] instruct the Planning Department, with the assistance of the City Attorney, to prepare and present an ordinance that requires that every Development Agreement for the construction of any project in the city, include a provision requiring project applicants to enter into an agreement with the city, or whomever is the most appropriate agency, to incorporate a ‘local hire requirement’ into all development projects, thereby ensuring the hiring of local residents, particularly but not limited to those in service sector occupations, living in close proximity to the proposed project site.”

On July 29, 2020, the Motion was referred to the City Council’s Planning and Land Use Management Committee. On September 3, 2020, the Committee approved the Motion and amendment requested by Councilmember Cedillo. The amendment adds language to instruct “that the report include information on the following: a. Prevailing Wage Project. b. The JJJ Projects c. The Development Agreement Projects that have been approved by the City and provide an analysis of how many projects in the City have a mandated State-approved skilled and trained workforce requirement.”

Agenda item 9 of the of the September 30, 2020 Los Angeles City Council meeting 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 September 23, 2020 Los Angeles City Council meeting agenda. There is one item in particular that could impact you.

Workers Who Could Be Impacted: City of LA Workers Performing Jobs That Are in the Jurisdiction of the County of LA

On May 19, 2020, a Motion was introduced by Councilmember Monica Rodriguez (7th District) and seconded by Councilmember Paul Krekorian (2nd District).

The Motion provided in part “[a]s the City looks for ways to adequately deliver services while reducing its expenditures, it has also ramped up services related to the ongoing emergency, including a number of which are more in line with the responsibilities of the County of Los Angeles. These include the Fire Department running COVID-19 testing sites, the Department of Recreation and Parks operating temporary homeless shelters, and LAPD providing security at shelter sites. Other departments have also been working hard on the COVID-19 response, and many are performing duties that would be better suited for County departments. As the City continues to address the pandemic and deal with reduced resources, every effort should be taken to ensure that the City is reimbursed for services provided in response to COVID-19, and that City staff are not performing County duties without a plan to hand them off.”

Therefore, the Motion instructed “the City Administrative Officer [to] identify duties currently being performed by City workers as a result of the public health emergency; create a plan to phase City workers out of jobs that are in the jurisdiction of the County where currently possible and make a plan on how to do so for areas that it is not; seek full reimbursement from the County for services provided by City workers that will not be reimbursed by the state or federal governments; and, identify other areas, including in the provision of services to care for the County’s homeless by the Department of Recreation and Parks that would be better handled by the Los Angeles Homeless Services Authority and other County entities as the pandemic continues.”

On May 19, 2020, the Motion was referred to the City Council’s Budget and Finance Committee. However, on June 11, 2020, Council President Nury Martinez (6th District) changed the committee the Motion was referred to, and instead referred it to the City Council’s Ad Hoc Committee on COVID-19 Recovery and Neighborhood Investment.

On September 2, 2020, the City Council’s Ad Hoc Committee on COVID-19 Recovery and Neighborhood Investment held a special meeting to consider the motion. The Committee approved the Motion and forwarded it to the City Council for its consideration.

Agenda item 22 of the of the September 23, 2020 Los Angeles City Council meeting 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 September 8, 2020 Los Angeles City Council meeting agenda and supplemental agenda. There is one item in particular that could impact you.

Workers Who Could Be Impacted: Food Delivery Platform Workers in Los Angeles County

Supplemental Agenda Item Number 70-A: “Protecting Food Delivery Workers and Consumers.”

As discussed in a prior post on this site, “[o]n July 21, 2020, the Board of Supervisors approved a motion to consider requiring Food Delivery Network Companies and their drivers to obtain an American National Standard Institute (ANSI) accredited food handler certification to operate in Los Angeles County.”

At the September 15, 2020 LA County Board of Supervisors meeting, a Motion will be introduced by Chair Pro Tem Hilda Solis (1st District) and Supervisor Sheila Kuehl (3rd District). The Motion cites to the July 21, 2020 Motion but then goes on to state “[h]owever, through stakeholder engagement and analysis, other potential solutions have been presented to provide health and safety education more specific to delivery drivers that will help protect both the workers and consumers. In particular, the University of California Berkeley Food Labor Research Center is developing an alternative food safety training model that is specific to food delivery drivers – while also highlighting worker’s rights, public health, LA County Laws & Ordinances, and undocumented worker protections.”

Therefore, the September 15, 2020 Motion would require “relevant [LA County] Departments, and the University of California Berkeley Food Labor Center to evaluate options to develop a standard Food Safety Training Program or other alternative training options that will effectively protect consumers and workers, as well as options to mandate that food delivery platforms operating in the County require delivery employees and independent contractors to take the standard training or other effective alternative trainings, and report to the Board in writing in 60 days. This will be in lieu of the July 21, 2020 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 September 8, 2020 Los Angeles City Council meeting agenda. There are two items in particular that could impact you.

1. 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 discussed in a prior post on this site, 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.

According to a Report from the City Attorney, to effectuate the SIP an ordinance must be adopted that “would amend Chapter 10 of Division 4 of the Los Angeles Administrative Code (LAAC) to enable the Los Angeles City Employees’ Retirement System (LACERS) to set the effective retirement dates for Citywide Separation Incentive Program (City SIP) retirement applicants. The draft ordinance would also create a three-month retirement abeyance period during which LACERS members could not apply for non-City SIP retirements. Finally, the draft ordinance would make clear that once an applicant has entered into a final agreement with the [City Administrative Officer (CAO)] to retire under the City SIP, they may not withdraw their retirement application from LACERS and shall be deemed to have agreed to the processing provisions set forth in this ordinance. The purpose of the draft ordinance is to provide LACERS with additional flexibility to manage the processing of retirements under the City SIP to effectuate the City’s goal of maximizing payroll savings while minimizing adverse impacts on the provision of City services.

The draft ordinance grants LACERS this additional administrative flexibility in several ways. First, it temporarily relieves LACERS from adhering to the general requirements of LAAC Section 4.1005 that LACERS: (1) effectuate the personally-preferred retirement effective date identified by each individual employee; and (2) process applications in a manner that ensures a member’s retirement effective date is no fewer than 30 and no more than 60 days from the date upon which the application is received. Instead, it authorizes LACERS to prioritize processing City SIP retirements so as to maximize the payroll savings that are the impetus for the City SIP.”

As such, agenda item 15 of the September 8, 2020 LA City Council meeting calls for the full Council to consider and adopt the Ordinance.

2. Workers Who Could Be Impacted: California Garment Workers

As discussed in more detail in a prior post on this site, at the July 1, 2020 LA City Council meeting a Resolution was introduced by Councilmember Gil Cedillo (1st District) and Seconded by Council President Nury Martinez (6th District) to support Senate Bill 1399 (Durazo). 

SB 1399 entitled “Employment: garment manufacturing” is a California State Senate Bill (SB) authored by Senator María Elena Durazo (24th Senate District- Los Angeles) and coauthored by Assemblymember Lorena Gonzalez (80th Assembly District- San Diego).

According to Councilmember Cedillo’s Resolution, SB 1399 would “provide protections for garment workers including prohibiting the practice of piece-rate compensation and requiring garment manufacturers and contractors to jointly share legal responsibility for their workers.”

Following the July 1, 2020 LA City Council meeting, the Resolution was referred to the Rules, Elections, and Intergovernmental Relations Committee. However, the Committee waived consideration of the matter.

As such, agenda item 21 of the September 8, 2020 LA City Council meeting calls for the full Council to consider the Resolution. According to the agenda, it is recommended that the Council “Adopt the accompanying Resolution to include in the City’s 2019-20 State Legislative Program Support for SB 1399 (Durazo).” If the City Council adopts the Resolution and the Mayor concurs, the official position of the City of Los Angeles will be to support SB 1199 (Durazo).

We hope these updates are helpful to you.

Fraternally,

SR Holguin, PC