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 November 4, 2020 Los Angeles City Council meeting agenda. There are three items in particular that could impact you.

1. Workers Who Could be Impacted: City of LA Employees and Applicants Impacted by the 2020-2021 Hiring Freeze

On October 5, 2020, the City Administrative Officer (CAO) sent a Report  entitled “2020-21 Hiring Freeze – Status Update as of September 18, 2020” to the City Council. The Report provided in part “[a]s part of the actions on the 2020-21 Budget… the City Council and Mayor approved a hiring freeze. The City Council and Mayor also approved a process for departments to request an exemption to this hiring freeze. [The Office of the City Administrative Officer] was also directed to report to the Council on a periodic basis on the status of requests for exemption to the hiring freeze as submitted by departments…To request an exemption to the hiring freeze, departments submit a request to the CAO.” The Report then lists the 440 positions that as of September 18, 2020 had been approved for an exemption, were pending approval, had the exemption request rescinded, and were not approved or were not recommended for approval.

On October 7, 2020, the Report was referred to the City Council’s Budget and Finance Committee. On October 26, 2020, the Budget and Finance Committee considered the Report. The Committee’s Report provided in part “[a]t its regular meeting held on October 26, 2020, the Budget and Finance Committee considered the CAO report dated October 5, 2020 relative to the 2020-21 hiring freeze status update, as of September 18, 2020. After providing an opportunity for public comment, the Committee moved to approve the recommendations contained in the subject CAO report…This matter is now forwarded to the Council for its consideration.”

Now, agenda item 30 of the November 4, 2020 LA City Council meeting calls for the Council to “[note] and [file] the October 5, 2020 City Administrative Officer (CAO) report relative to the 2020-21 hiring freeze status update, as of September 18, 2020.”

2. Workers Who Could be Impacted: City of LA Targeted Local Hire Program Applicants

On September 28, 2020, the City Administrative Officer (CAO) sent a Report  entitled Targeted Local Hire (TLH) Positions Not Included In The 2020-21 Adopted Budget. According to The Targeted Local Hire Program website, “The Targeted Local Hire Program (TLH) creates an alternate job pathway into City civil service via full-time, paid, on-the-job training for entry-level City positions. TLH provides individuals an opportunity to be randomly selected for referral to City departments in order to participate in their hiring process and be considered for entry-level jobs. If hired as a City employee through the Program, candidates will have an initial 6 month on-the-job training period (full-time, paid, benefits), followed by a 6 month probationary period. Once the probationary period is successfully completed, the candidate is transitioned to full-time regular civil service employment.”

The September 28, 2020, CAO Report provided in part “[o]n August 25, 2020, the City Council adopted a motion…directing the Personnel Department and the City Administrative Officer (CAO) to survey all City departments for proposed new or additional Targeted Local Hire (TLH)-eligible position authorities…As part of the actions on the 2020-21 Budget, the Council and Mayor approved a Citywide Hiring Freeze because of the reduction in City revenues associated with the COVID-19 Pandemic…New employees hired through the TLH Program were the only Citywide exemption approved from this Hiring Freeze by the Mayor and Council…Due to fiscal concerns which may result in service and workforce reductions, and in accordance with the Mayor Memorandum and Council direction to this Office to coordinate spending reduction proposals, it is recommended that no new TLH position authorities be provided to departments. In addition, it is recommended that the Council and Mayor rescind the existing Hiring Freeze exemption for TLH positions. As noted, Departments may still request to hire TLH positions, but would need to do so through the Hiring Freeze process.”

On September 28, 2020, the Report was referred to the City Council’s Personnel and Animal Welfare Committee. On October 6, 2020, the City Clerk corrected referral to add the City Council’s Budget and Finance Committee. On October 21, 2020, the Personnel and Animal Welfare Committee considered the Report. In a Transmittal Letter to Budget and Finance Committee, the Personnel and Animal Welfare Committee stated “[a]fter consideration, and having provided an opportunity for public comment, the Committee moved to make the following recommendation: Remove the exemption from the City’s hiring freeze for new positions hired through the TLH Program on a temporary basis until Council has decided not to engage in layoffs, at which point, hiring under the TLH Program can resume with exemptions from the hiring freeze being automatic. This file is now transmitted to the Budget and Finance Committee.”

On October 26, 2020, the Budget and Finance Committee considered the Report. A Joint Report from Personnel and Animal Welfare and Budget and Finance Committees provided in part “the Budget and Finance Committee also considered this matter and after consideration and having provided an opportunity for public comment, the Committee moved to concur with the [Personnel and Animal Welfare] Committee. This matter is now submitted to Council for its consideration.”

Now, agenda item 35 of the November 4, 2020 LA City Council meeting calls for the Council to “[remove] the exemption from the City’s hiring freeze for new positions hired through the TLH Program on a temporary basis until Council has decided not to engage in layoffs, at which point, hiring under the TLH Program can resume with exemptions from the hiring freeze being automatic.”

3. Workers Who Could be Impacted: City of LA Civilian Employees and Their Qualified Dependents

On September 18, 2020, the City of Los Angeles Personnel Department sent a Report entitled “LAwell Program Employee Benefits Trust Fund Review Fiscal Year (FY) 2019-20” to the City Council. The Report provided in part “[t]he Personnel Department administers the City’s LAwell Civilian Benefits Program (LAwell Program) for active City civilian employees and their qualified dependents in conjunction with the City’s Joint Labor Management Benefits Committee (JLMBC)…The mission of the LAwell Program is to promote employee health and wellness with competitive benefits at a reasonable level relative to the City’s financial capacity. Currently, the LAwell Program covers approximately 28,000 employees and 35,000 dependents…In Plan Year 2021, benefit plans and service providers will include…” Medical, Dental, Life Insurance, Disability Insurance, Accidental Death & Dismemberment (AD&D) Insurance, Tax-Advantaged Savings Accounts, Employee and Family Assistance Program, Vision Plan, Wellness Services.

In 1997, “the City established an Employee Benefits Trust Fund (Trust Fund)…The purpose of the Trust Fund is for the receipt and retention of employer and employee contributions for the LAwell Program. The Trust Fund operates as a temporary pass-through account for the funding of premium payments to benefit service providers.”

The Los Angeles Administrative Code requires ‘“[t]he Chairperson of the Joint Labor-Management Benefits Committee shall report to the City Council and the Mayor regarding and identifying all receipts into, and all expenditures out of, the Fund, as well as the purposes for which the expenditures were made. Each report shall cover a fiscal year and shall be submitted within 90 days after the close of said fiscal year.’ This report provides a review of Trust Fund activity and expenditures for FY 2019-20.”

The Report concludes “[t]he Trust Fund provides an important vehicle for the City to fund and process payments for the LAwell Program. The JLMBC recommends that the City Council note and file this report regarding and identifying all FY 2019-20 Trust Fund receipts and expenditures and purposes for which expenditures were made.” The Report was referred to the City Council’s Personnel and Animal Welfare Committee. 

At an October 21, 2020 meeting, the Personnel and Animal Welfare Committee considered the Report. The Committee’s Report provided “[a]fter consideration and having provided an opportunity for public comment, the Committee moved to receive and file the reports. This matter is now submitted to Council for its consideration.”

Now, agenda item 36 of the November 4, 2020 LA City Council meeting calls for the Council to “[note] and [file] the September 18, 2020 Personnel Department reports relative to the LAwell Civilian Benefits Program trust fund review for FY 2019-20.”

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 October 27, 2020 Los Angeles County Board of Supervisors meeting agenda. There are two items in particular that could impact you.

1. Workers Who Could Be Impacted: County of Los Angeles Employees

Agenda Items 1-D and 11 “Funding for Disaster Service Workers Election Workers”

Agenda items 1-D and 11 are identical with the exception that agenda item 1-D calls for the Board to act in their capacity as The Los Angeles County Development Authority, and agenda item 11 calls for the Board to act in their capacity as the Los Angeles County Board of Supervisors.

For both agenda items, a Motion will be introduced by Supervisor Sheila Kuehl (3rd District). The Motion provides “[o]n August 4, 2020, the Board of Supervisors suspended the County Employee Election Worker Program and directed the Director of the Office of Emergency Management to work with the Registrar-Recorder/County Clerk (RR/CC), the Department of Human Resources (DHR), and County Counsel to adopt a new Disaster Services Worker (DSW) Program for the November 3, 2020 election. On September 1, 2020, RR/CC and DHR sent a joint memo to Department Heads outlining the number of DSW required from each County Department to support the general election. Overtime expenses for employees assigned as DSW election workers will be reimbursed by the RR/CC. The Los Angeles County Development Authority (LACDA) has assigned 64 employees to serve as DSW election workers. Because the LACDA’s budget system is separate from the County’s, it is necessary for the RR/CC and the LACDA to enter into a Memorandum of Understanding (MOU) in order to transfer funds to the LACDA for reimbursement of employees serving as DSW election workers.”

Therefore, the Motion calls for “the Board of Supervisors [to] authorize the Registrar- Recorder/County Clerk or his designee to execute an MOU with the LACDA to transfer up to $230,000 from the RR/CC operating budget to LACDA to reimburse the cost of LACDA employees serving as DSW election workers during the November 3, 2020 general election.” The Motion further calls for “the Board of Supervisors, acting as the commissioners of the Los Angeles County Development Authority [to] authorize the Acting Executive Director of the LACDA or his designee to execute an MOU with the RR/CC to accept $230,000 to reimburse the cost of LACDA employees serving as DSW election workers during the November 3, 2020 general election, and to incorporate these funds as needed into the LACDA’s approved Fiscal Year 2020-2021 budget.”

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

Agenda Item 60: “County Code, Title 5 – Personnel Amendment”

An Ordinance will be introduced to amend County Code, Title 5. According to the Ordinance Analysis prepared by the Principal Deputy County Counsel of the Labor & Employment Division, “[t]his ordinance amends Title 5 – Personnel of the Los Angeles County Code relating to the County of Los Angeles Savings Plan (the ‘Savings Plan’), by amending Section 5.26.100 to discontinue the combined annual low deferral limit for certain employees who contribute to both the Savings Plan and the County of Los Angeles Deferred Compensation and Thrift Plan (Horizons) beginning January 1, 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 October 20, 2020 Los Angeles City Council meeting agenda. There is one item in particular that could impact you.

Workers Who Could Be Impacted: Non-Represented City of LA Employees 

On October 15, 2020, the City Administrative Officer (CAO) sent a Report to the City Council. The Report provided “[o]n September 14, 2020, the City Council adopted a recommendation to implement 18 furlough days for most civilian employees effective October 11, 2020. Through negotiations with our labor partners, cost saving letters of agreement were prepared and sent to Council for approval…

On October 13, 2020, the Los Angeles City Council adopted Fiscal Year (FY) 2020/21 Cost Savings Letters of Agreement (LOA) entered into between the City and 11 of the City’s labor partners. These LOAs provide for two (2) unpaid days in addition to other agreed upon terms as cost savings to further delay and/or eliminate the need for furloughs. The attached amendment will allow the same two (2) unpaid days for non-represented employees.”

The attached amendment is a draft ordinance amendment. It provides in part “(a) On Tuesday, November 3, 2020, all non-represented employees will take an unpaid holiday. In operations where minimum staffing levels must be maintained, employees will be paid for hours worked in accordance with FLSA regulations. (b) On Friday April 2, 2021, all non-represented employees will take an unpaid holiday. In operations where minimum staffing levels must be maintained, employees will be paid for hours worked in accordance with FLSA regulations. (c) The provisions in Subsections (a) and (b) above shall apply to individuals employed in all non-represented classifications (including General Manager) regardless of employing department or office, funding source, Fair Labor Standards Act status, or civil service status.”

The matter was referred to the City Council’s Budget and Finance Committee and the Personnel and Animal Welfare Committee. Both committees waived consideration of the item.

Now, agenda item 18 of the October 20, 2020 LA City Council meeting calls for the Council to “1. [present] and [adopt] the accompanying [ordinance] dated October 7, 2020 to amend LAAC Section 4.120 to add unpaid holidays for non-represented City employees for FY 2020-21. 2. [authorize] the Controller and the CAO to correct any clerical errors, or, if approved by the City Attorney, any technical errors in the above Ordinance…The CAO reports that the fiscal impact reported in the original transmittal of the 11 Letters of Agreement was approximately $21.4 million in FY 2020-21. That figure is inclusive of savings from non-represented employees.”

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 October 13, 2020 Los Angeles County Board of Supervisors meeting agenda and supplemental agenda. There is one item in particular that could impact you.

Workers Who Could Be Impacted: Essential Workers in the Fast Food Industry Throughout Los Angeles County

Supplemental Agenda Item Number 59-I: “Protecting Essential Workers in the Fast Food Industry”

On October 6, 2020, Service Employees International Union (SEIU), Local 721 President Bob Schoonover sent a letter to Chair Pro Tem Solis requesting the Board “address the public health threat raised by the McDonald’s on 1716 Marengo Street in Los Angeles. This McDonald’s is operating in noncompliance with even the most basic COVID-19 safety precautions and has retaliated against employees who raised safety concerns. The Board can address these violations and protect the public health, including…by exercising its authority to direct the Los Angeles County Health Officer to enforce and update its Health Orders; by enacting an ordinance addressing COVID-19 whistleblower retaliation; and by directing the County Counsel to investigate and, if appropriate, pursue a public nuisance lawsuit… Protecting the rights of essential workers to report safety issues and advocate for safer working conditions is critical to ensuring that essential business comply with the COVID-19 safety measures instituted by health officials, which in turn is critical to reducing the spread of COVID-19.”

At the October 13, 2020 LA County Board of Supervisors meeting, a Motion will be introduced by Chair Pro Tem Hilda Solis (1st District) that seeks to address the concerns raised by President Schoonover. The Motion provides in part “[t]he COVID-19 crisis continues to impact some communities more than others with disproportionate health and economic burdens in Black and Latinx neighborhoods. That reality is especially felt in certain sectors such as the fast food industry where workers are overwhelmingly people of color. These are employees whose work often goes unnoticed – but they are the definition of essential. The COVID-19 pandemic has made that clear. Fast food workers took no time off and when the shelves of grocery stores were bare, many people relied on fast food restaurants for their meals. This impact was most felt on the Latinx community, many of whom are unable to work from home. Yet, still, their treatment does not always reflect their essential role. There have been reported instances of retaliation against these workers when they rightfully request safety measures in response to COVID-19. Their calls for action must be addressed.”

Therefore, the Motion calls for the Board of Supervisors to “1. Direct County Counsel and the Department of Public Health, with other relevant departments, to investigate the complaints raised in the letter dated October 6, 2020 from SEIU Local 721 and to issue a response within 15 days to all points raised in the letter. [and] 2. Direct the Department of Public Health, in collaboration with the Los Angeles County Economic Resiliency Task Force, to contract with faculty or researchers from local academic institutions whose research focuses on working conditions and labor standards of low wage workers to investigate working conditions in the fast food industry, including by partnering with organizations that advocate for fast food workers in Los Angeles County to document workers’ first-hand experiences in fast food workplaces.”

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 October 13, 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 discussed in prior posts on this site here, and here, 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.

Since the City Council last discussed the item, an October 1, 2020 Report from the CAO was transmitted to the Council. The Report provided “On September 14,2020, the City Council adopted a recommendation to implement 18 furlough days for most civilian employees effective October 11, 2020. These 18 days were a reduction from the original 26 furlough days adopted in the 2020/21 budget. That reduction reflected the Council’s decision to budget $40 Million in the Unallocated Balance to address furlough shortfalls as well as anticipated savings from the City’s Separation Incentive Program (SIP). 

Since then, the CAO has continued to bargain with civilian labor organizations regarding additional cost savings to further delay and/or eliminate the need for furloughs. During those bargaining sessions a tentative agreement was reached with the following key terms: • An 8-hour unpaid day for all civilian employees on Tuesday, November 3, 2020. • An 8-hour unpaid day for all civilian employees on Friday April 2, 2021. • Add a one-time paid eight (8) hour floating holiday to FY 2020/21. • Defer the January 2021 payment of excess sick leave to January 2022. We believe that these additional savings, coupled with anticipated SIP savings and prior contribution of [Joint Labor-Management Benefits Committee (JLMBC)] savings, will enable us to defer further furloughs from October 2020 to January 2021. Finally, additional employees have enrolled in the SIP. We will report back no later than January 2021 on updated projections on SIP savings.”

Thus, in the Report, the CAO recommended “that the City Council: 1. Approve the…attached cost savings Letters of Agreement (LOAs) for the [aforementioned] labor organizations…2. Defer the implementation of furloughs until no earlier than January 17, 2021 (Pay Period 16). 3. Reduce the number of furlough days for FY2020/21 to 11 days. 4. Instruct the City Administrative Officer to report back in January with updated projections on savings from the Separation Incentive Program.”

The matter was referred to the City Council’s Budget and Finance Committee. On October 8, 2020, the Committee waived consideration of the matter. 

Now, Agenda item 28 of the October 13, 2020 City Council meeting calls for the council to “[approve] the…cost saving LOAs…[defer] the implementation of furloughs until no earlier than January 17, 2021 (Pay Period 16)…[reduce] the number of furlough days for FY 2020-21 to 11 days…[and instruct] the CAO to report back in January with updated projections on savings from the Separation Incentive Program [(SIP)]”

We hope these updates are helpful to you.

Fraternally,

SR Holguin, PC