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 December 2, 2020 Los Angeles City Council Meeting agenda. There is one item in particular that could impact you.

Workers Who Could be Impacted: Out-of-Work Angelenos

On November 10, 2020, a Motion was presented by Councilmember Paul Krekorian (2nd District), Councilmember Curren Price (9th District), and seconded by Councilmember Bob Blumenfield (3rd District).

The Motion provided in part “[i]n 2015, the City Council adopted a comprehensive plan on job creation in the City of Los Angeles…At that time, the City faced major setbacks as a result of the 2008 Great Recession and sought to rebuild its economy by implementing a number of strategies to provide economic growth by way of job establishment…a plan that for the first time, took a comprehensive approach to job creation. The plan intended to serve as a roadmap for City departments, but also as a guiding policy document to attract investment thereby creating more jobs…Los Angeles has experienced roughly 50% higher unemployment rates in the last three months. These impacts will continue to devastate the local economy and decimate the workforce if the council does not leverage federal and state resources to its advantage and strategically plan for rebuilding lost Jobs. Given the changing economic landscape…the City should reevaluate its job creation incentives, strategies, tools and frameworks and identify new forward-looking goals and plans. The comprehensive jobs plan must be adjusted to address the changes in the job market, capitalize on the emergence of new industries, and create programs and policies that align with the future needs of the job market due to new needs in day-to-day operations for so many of our sectors from hospitality to entertainment.” The Motion then called for City departments “to make recommendations to the Ad Hoc Committee regarding a new comprehensive jobs plan, including relevant policies from the existing jobs plan…that seeks to address major changes in the job market and local economy.” The Motion was referred to the City Council’s Ad Hoc on Comprehensive Job Creation Plan Committee.

On November 18, 2020, the City Council’s Ad Hoc on Comprehensive Job Creation Plan Committee considered the Motion. The Ad Hoc on Comprehensive Job Creation Plan Committee’s Report provided “Councilmember Krekorian stated that a new plan is needed to prepare for the economy of the future and to create job growth. Councilmember Blumenfield stated that recommendations should be made for what the City can do to stimulate growth, and also what the City can do to avoid interfering with an economic recovery by reducing unnecessary or burdensome regulations and oversight. Committee recommended that Council approve Motion’s recommendation.”

Now, agenda item 5 of the December 2, 2020 Los Angeles City Council Meeting calls for the Council to “[instruct] the Economic and Workforce Development Department and the Chief Legislative Analyst (CLA), with support from the Information Technology Agency, the Chief Procurement Officer, the Los Angeles Economic Development Corporation, and the Mayor’s Offices of International Affairs and Sustainability, to report with recommendations for a new comprehensive jobs plan, including relevant policies from the existing jobs plan, to address major changes in the job market and local economy.”

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 December 1, 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 Employees and Applicants Impacted by the 2020-2021 Hiring Freeze

On October 14, 2020, a Motion was introduced by Councilmember Paul Koretz (5th District) and seconded by Councilmember John Lee (12th District). The Motion provided in part, “[t]he 2020-21 Budget included the continuation of a Citywide Hiring Freeze preventing City departments from hiring new employees for the duration of the 2020-21 Fiscal Year. On July 1,2020, Council approved various actions to amend the 2020-21 Budget, including recommendations regarding a hiring unfreeze process. The process to unfreeze specific positions was established to ensure a modest amount of flexibility so that critical positions, especially those that had no additional General Fund impact could be considered to be exempt from the hiring freeze. At this time, to further streamline the unfreeze process timeline for approval, additional recommendations on the process should be implemented whereby only positions recommended for disapproval would be forwarded to Council for further consideration.” The Motion then called for ten amendments to the hiring unfreeze process. The Motion was referred to the City Council’s Personnel and Animal Welfare Committee.

On October 21, 2020, the Personnel and Animal Welfare Committee considered the Motion.  The Personnel and Animal Welfare Committee’s Transmittal Letter provided “[a]fter consideration, and having provided an opportunity for public comment…This file is now transmitted to the Budget and Finance Committee.”

On October 26, 2020 the City Council’s Budget and Finance Committee considered the Motion. The Budget and Finance Committee’s Report provided “the Budget and Finance Committee also considered this matter and after having provided an opportunity for public comment…This matter is now submitted to Council for its consideration.”

Now, agenda item 25 of the December 1, 2020 Los Angeles City Council Meeting calls for the Council to “1. [instruct] the City Administrative Officer (CAO) and Chief Legislative Analyst (CLA) and [request] the Mayor to administer a streamlined hiring freeze exemption approval process as follows:

a. Certain requests will not require exemption from the hiring freeze and will be automatically unfrozen by the CAO who will create a list of automatic exemptions, subject to CLA and the Mayor’s concurrence with such exemptions to include positions required for returns from protective leave and reversion to a previous classification.

b. The first level of review will be completed by the CAO for unfreeze requests with priority approval to given for positions requested to be unfrozen for: public health or public safety, to include Park Ranger positions, revenue generation; legal mandate; or no General Fund impact.   

c. Position requests recommended for approval by the CAO/Mayor will be sent to the CLA, the CLA will flag any position requests of concern, and those requests will be sent for review to a panel, consisting of the CAO, CLA and Mayor, that will meet biweekly, or as necessary, to ensure timely response to the unfreeze requests and if no concerns are raised by the CLA within a 14 day period, the positions will be deemed approved; and the CLA will make every effort to respond in less than 14 days, if there are no concerns.

d. Position requests that are not recommended for approval by the CAO or Mayor’s Office will be sent to the panel for consideration.

e. If the panel recommends approval, those position requests will be deemed approved, and no further action will be required by the Mayor or Council.

f. If the panel does not recommend approval, those position requests will be forwarded to the Personnel and Animal Welfare Committee and full Council for review.

g. For all considered position requests the CAO will make every effort to complete its review within a 14 day period; however, more complicated requests may require additional time and information exchange with a department and the Mayor will have 14 days to review and either recommend approval or disapproval; if no action has occurred by the Mayors Office after 14 days, the request will be submitted to the review panel tor consideration.

h. If a position request is approved with modifications and the requesting department concurs with those modifications, these positions will be considered approvals and handled as outlined above Recommendation No. 1c.

i. If the requesting department does not concur with a modification, the position request will be sent to the panel for review pursuant to Recommendation Nos. 2c through 2f. 

2. [authorize] the CAO to clarify instructions to departments consistent with this 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.

As a law firm founded on the principle of fighting for workers’ rights, SR Holguin, PC continually seeks to give back to the community.

In the days leading up to Thanksgiving, SR Holguin, PC attorneys volunteered at the International Longshore and Warehouse Union (ILWU)’s Annual Feed the Community Day. While there, SR Holguin, PC attorneys helped assemble bags of traditional Thanksgiving dinners that were donated to 1,500 families.

SR Holguin, PC also proudly serves as a Sponsor for this year’s annual ILWU Walk the Coast fundraiser for childhood cancer research, contributed toward the funeral expenses for a Utility Workers Union of America (UWUA) Local 132 dispatcher, and continues to partner with ILWU Local 94 to provide meals to COVID-19 frontline workers throughout Southern California.

In the words of  Martin Luther King, Jr., “Life’s most persistent and urgent question is: ‘What are you doing for others?’”

Fraternally,

SR Holguin, PC

“There is no greater calling than to serve your fellow men. There is no greater contribution than to help the weak. There is no greater satisfaction than to have done it well.” -Walter Reuther

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 24, 2020 Los Angeles County Board of Supervisors Meeting agenda and supplemental agenda. There are 2 items in particular that could impact you.

Workers Who Could be Impacted: Workers Throughout Los Angeles County (except Long Beach and Pasadena)

Revised Agenda Items 26 and 36 “Urgency Ordinance Amending County Code, Title 11- Health and Safety” 

Agenda items 26 and 36 are identical with the exception that agenda item 26 is filed as an Administrative Matter, and agenda item 36 lists the matter as an Ordinance for Adoption. 

As discussed in a prior post on November 10, 2020, a Motion was introduced by  Supervisor Sheila Kuehl (3rd District) and Supervisor Mark Ridley-Thomas (2nd District). The Motion called for, in part, the “County Counsel to prepare and file an urgency anti-retaliation ordinance so that it may be heard on the next Board agenda in 14 days, which emphasizes a collaboration between DPH, the Department of Consumer and Business Affairs (DCBA), and County Counsel.”

The Acting County Council sent a Revised Letter dated November 20, 2020 to the Board entitled Urgency Ordinance Adding Los Angeles County Code Title 11, Division 1, Chapter 11.01 (Preventing Retaliation for Reporting Public Health Violations).” The Letter provided in part “[a]s directed by your Board…County Counsel, in consultation with the Department of Public Health and the Department of Consumer and Business Affairs, drafted the enclosed ordinance: (1) prohibiting retaliation against employees, (‘Workers’) for discussing or reporting Health Officer Order violations to the Department of Public Health or others; and (2) creating a right of action for retaliation for Workers and for County Counsel… the proposed Ordinance protects Workers by prohibiting retaliation against them for reporting or discussing violations of Health Officer Orders or participating in a Public Health Council. In addition, the proposed Ordinance signals the County’s seriousness about protecting Workers by providing for penalties (up to $10,000 per violation) and creating a right of action for retaliation for Workers and for County Counsel, including the right to attorneys’ fees to the prevailing party.” 

The Ordinance provides more detail about what is considered retaliation in stating “[n]o Employer may discriminate in any manner or take adverse action, including but not limited to termination, constructive termination, demotion, pay reduction, or reduction in hours, against any Worker in retaliation.”

Now, revised agenda items 26 and 36 call for the Board to adopt the urgency ordinance. Upon adoption by at least a four-fifths vote, the urgency ordinance would take immediate effect.

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 November 24, 2020 Los Angeles City Council Meeting agenda. There is one item in particular that could impact you.

Workers Who Could be Impacted: Out-of-Work Angelenos

As discussed in a prior post a June 9, 2020 Motion by Councilmember Herb Wesson, Jr. (10th District) called for the Council to “instruct the Economic and Workforce Development Department and the Personnel Department with assistance from the City Administrative Officer and Chief Legislative Analyst, to work with the Los Angeles County Department of Public Health, to solicit input from community groups and non-profits and report back with a public/private, New Deal style hiring plan for a Community Care Corps, to fill gaps in our health care system as well as provide meaningful employment to residents who need it.” The Motion was adopted on June 30, 2020.

On November 5, 2020, Mayor Eric Garcetti transmitted a Report entitled “Economic and Workforce Development Depar[t]ment (EWDD) Report Back On The Development Of A Community Care Corps – LA Community Care Corp, And Review Of Community Build Proposal” to the City Council.

The Report provided in part “the COVID-19 pandemic will have hundreds of thousands of Angelenos seeking employment opportunities for the very near future. The COVID-19 pandemic has dramatically altered the labor market for all Los Angeles residents. Unprecedented unemployment rates of over 20 percent will require the City to have a long-term strategic workforce development plan to address the long-lasting impacts of the pandemic. Unfortunately, the housing and homelessness crisis will also be exacerbated by the strong downturn in the economy…On September 11, 2020, EWDD received an unsolicited proposal from Community Build…to utilize $15 million in CARES Act funding to provide subsidized work experience for approximately 1,000 individuals. As a result, the [Chief Legislative Analyst (CLA)] requested EWDD to provide Council with a report regarding the feasibility of the Community Build proposal…Although Community Build’s proposal does address the urgent need for subsidized employment in the region, there are several other feasibility factors that must be taken into consideration.” The Report then concludes “[t]he objective of expending the proposed $15 million in CARES Act funds by December 30, 2020 will be challenging for both EWDD’s workforce development system and any community based organization.”

The Report was referred to the City Council’s Ad Hoc Committee on COVID-19 Recovery and Neighborhood Investment which approved it on November 17, 2020.

Now, agenda item 14 of the November 24, 2020 LA City Council Meeting calls for the Council to “1. [authorize] the General Manager, the General Manager, Economic and Workforce Development Department (EWDD), to: a. Accept up to $5 million in CARES Act funding to implement the LA Community Care Corp program, in order to provide transitional employment services to 608 individuals impacted by the novel coronavirus pandemic and to allocate funding…b. Use existing WorkSource Centers (WSC) selected through a Request for Proposals in 2018 to provide transitional employment and career services. c. Negotiate and execute agreements with 16 existing WSC’s for the period November 17, 2020 through December 30, 2020…d. Negotiate and execute an agreement with Community Build Inc, in the amount not to exceed $200,000 to provide technical assistance to the LA Community Care Corps project. e. Negotiate reallocate funding between service providers, as necessary in order to maximize services to Los Angeles residents. 2. [instruct] the General Manager, EWDD, to prepare Controller instructions and/or any necessary technical adjustments consistent with Mayor and Council action, subject to the review of the City Administrative Officer.”

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 November 19, 2020 California Division of Occupational Safety and Health (Cal/OSHA) Occupational Safety and Health Standards Board (OSHSB) meeting. There is one item in particular that could impact you.

Workers Who Could be Impacted: Workers Throughout California

The OSHSB, is “a seven-member body appointed by the Governor, [and] is the standards-setting agency within the Cal/OSHA program. The Standards Board’s objective is to adopt reasonable and enforceable standards at least as effective as federal standards. The Standards Board also has the responsibility to grant or deny applications for variances from adopted standards and respond to petitions for new or revised standards.”

At its November 19, 2020 meeting Cal/OSHA’s OSHSB “unanimously adopted emergency temporary standards to protect workers from hazards related to COVID-19… The temporary standards apply to most workers in California not covered by Cal/OSHA’s Aerosol Transmissible Diseases standard.”

“Under the new regulations, employers must have a written COVID-19 Prevention Plan that addresses…

[a] [s]ystem for communicating information to employees about COVID-19 prevention procedures, testing, symptoms and illnesses, including a system for employees to report exposures without fear of retaliation[;]

Identification and evaluation of hazards – screening employees for symptoms, identifying workplace conditions and practices that could result in potential exposure[;]

Investigating and responding to cases in the workplace – responding immediately to potential exposures by following steps to determine who may have been exposed, providing notice within one business day about potential exposures, and offering testing to workers who may have been exposed[;]

Correcting COVID-19 hazards – including correcting unsafe conditions and work practices as well as providing effective training and instruction[;]

Physical distancing – implementing procedures to ensure workers stay at least six feet apart from other people if possible[;]

Face coverings – providing face coverings and ensuring they are worn[;]

Adopting site-specific strategies such as changes to the workplace and work schedules and providing personal protective equipment to reduce exposure to the virus[;]

Positive COVID-19 case and illness recording requirements and making the COVID-19 Prevention Plan accessible to employees and employee representatives[;]

Removal of COVID-19 exposed workers and COVID-19 positive workers from the workplace with measures to protect pay and benefits[;]

Criteria for employees to return to work after recovering from COVID-19[;]

Requirements for testing and notifying public health departments of workplace outbreaks (three or more cases in a workplace in a 14-day period) and major outbreaks (20 or more cases within a 30-day period)[;]

Specific requirements for infection prevention in employer-provided housing and transportation to and from work.

The Standards Board will file the rulemaking package today with the Office of Administrative Law, which has 10 calendar days to review and approve the temporary workplace safety standards enforced by Cal/OSHA. Once approved and published, the full text of the adopted emergency standards will appear in the new Title 8…of the California Code of Regulations. Pursuant to the state’s emergency rulemaking process, after an initial effective period the board will have two opportunities to readopt the temporary standards. Cal/OSHA will expeditiously convene a stakeholder meeting that will include industry and labor representatives to review the requirements of the emergency regulation and solicit feedback and recommend updates.”

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 of the November 10, 2020 Los Angeles County Board of Supervisors meeting agenda and supplemental agenda. There are two items in particular that could impact you.

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

Supplemental Agenda Item 65-D “Establishing the Public Health Councils Program to Keep Los Angeles County Safe and Protect Workers from Retaliation”

A Motion will be introduced by  Supervisor Sheila Kuehl (3rd District) and Supervisor Mark Ridley-Thomas (2nd District). The motion states in part “[a]s Los Angeles County considers re-opening additional sectors of our local economy, it is important to continue taking steps to contain the spread of COVID-19. LA County, like other jurisdictions, has realized that infections will rise as the economy reopens because County Health Officer Orders (HOOs) are not strictly followed. HOOs are necessary to keep people safe and prevent the spread of COVID-19 in our community, but they are only effective if all residents comply with the orders. While many businesses have been diligent in their efforts to comply, many have not. This creates a public health risk not only for the businesses’ workers and customers but also for the communities in which the businesses are located and in which their customers and workers live… 

[The Department of Public Health] still needs help to ensure that businesses across the County are following the HOOs. For this reason, the Board of Supervisors (Board) is directing the implementation of the nation’s first Public Health Councils (PHCs) Program. Through this innovative program, workers will help to monitor the safety of their own workplace with guidance from Certified Worker Organizations and DPH… As we see cases begin to rise again, we must develop additional tools to monitor compliance with the HOOs. In the case of PHCs, DPH’s proposal will…enlist the help of workers who care about the safety of both their work environment and their communities to help monitor their worksites for compliance. DPH will also enlist the help of Certified Worker Organizations, who are selected based on their qualifications and trained on the HOOs, to conduct outreach and education to workers interested in forming PHCs. These PHCs will work to ensure that their coworkers are trained on HOOs and to develop recommendations for monitoring compliance with the HOOs at their worksite. Although workers participate in PHCs on a voluntary basis, workers who choose to participate will be protected from retaliation for reporting, or expressing their concerns about, potential noncompliance with the HOOs.

Considering the importance of this work, employers should cooperate with the PHC at their business to help ensure compliance. By working together, workers and employers can ensure a safe environment for their customers and for their broader community at a critical time. Employers are encouraged, but not required, to pay their workers for their time participating on PHCs, to allow PHCs to use their business premises for PHCs activities, and to cooperate with [Certified Worker Organizations] in making this opportunity known to their workers. Through the cooperation of all stakeholders, including DPH, Certified Worker Organizations, workers, and employers, we can work to contain the spread of COVID-19 without the need for additional business closures.”

Therefore, the Motion calls for “the Board of Supervisors [to] direct: 1. The Department of Public Health (DPH) to begin implementation of a Public Health Councils Program as provided in the report back to the Board on November 5, 2020. 2. DPH to report back to the Board in six months and, again, in one year on the progress and effectiveness of the Public Health Councils Program and other efforts to encourage voluntary cooperation with reporting violations of the Health Officer Orders and Public Health Protocols; 3. County Counsel to prepare and file an urgency anti-retaliation ordinance so that it may be heard on the next Board agenda in 14 days, which emphasizes a collaboration between DPH, the Department of Consumer and Business Affairs (DCBA), and County Counsel; 4. DCBA to use no more than $1.9 million in Consumer Protection Settlement funds for the investigation and enforcement, in consultation with County Counsel, of worker retaliation protections in the workplace due to reporting actual or potential violations of Health Officer Orders; and 5. The Chief Executive Office and relevant department store port back to the Board during FY 2021-2022 Recommended Budget with ongoing funding sources for countywide investigations and enforcement of workplace retaliation issues that arise from the reporting of public health issues.”

2. Workers Who Could be Impacted: Los Angeles County Sheriff’s Department – Parks Bureau

Supplemental Agenda Item 65-H “Parks Security Services Memorandum of Understanding”

The County’s Acting Chief Executive Officer sent a Letter dated November 10, 2020 to the Board entitled “Del[e]gate Authority to the Department Of Parks And Recreation and The Los Angeles County Sheriff’s Department To Enter Into A Memorandum Of Understanding (MOU) For Parks Security Services.” The Letter provides in part “[o]n December 15, 2009, the Board merged the Office of Public Safety (OPS) into [the Los Angeles County Sheriff’s Department (LASD)]. OPS had three operational bureaus, one of which was Parks Services. The Parks Services Bureau provides public safety services to all of the parks and facilities (i.e., trails, lakes, golf systems, etc.) operated by [Department of Parks and Recreation (DPR)] and is funded by the County General Fund. LASD assumed responsibility for providing these services effective July 1, 2010, and has continued to do so since that time. LASD is now indicating it plans to discontinue these services…On September 29, 2020, the Board approved the FY 2020-21 Supplemental Changes Budget, which restored the LASD services…and shifted all cuts required under the eight percent curtailment scenario to Custody Operations. In addition, all potential layoffs were completely mitigated. This resulted in 203 budgeted positions…being restored to LASD’s operating budget to ensure public safety services continued at DPR’s parks and facilities…

Despite these actions, on or about October 15, 2020, LASD gave notice to Parks Services Bureau staff of its plan to redeploy staff from Parks Services Bureau to other areas within LASD, including Custody Operations. Redeployments were originally noticed for November 1, 2020, and now scheduled for December 6, 2020. If implemented, this redeployment will eliminate dedicated safety and law enforcement services from County parks and require DPR staff and park patrons to rely on local law enforcement or LASD patrol…DPR and LASD, with the support of the Acting CEO, have engaged in regular discussions to reach an agreement to maintain the status quo. The actions recommended in this letter authorize DPR and LASD to execute an MOU to maintain the status quo through June 30, 2021. However, based on information provided by LASD management to its deputies and staff, dissolution of the Parks Services Bureau and the redeployment of Parks Services Bureau staff is still scheduled to occur on December 6, 2020. Because of this, the actions recommended in this letter require that the MOU be executed on or before November 30, 2020, subject to the prior review and approval of CEO and County Counsel.”

Therefore, Supplemental Agenda Item 65-H contains the Acting Chief Executive Officer’s recommendation that the Board “[i]nstruct the Director of Parks and Recreation, and request the Sheriff, to develop and enter into a Memorandum of Understanding (MOU) for Sheriff Security Services at County parks no later than November 30, 2020, effective through June 30, 2021 and must maintain the same level of Los Angeles County Sheriff’s Department (LASD) services for County parks currently provided, at no additional cost (i.e., the status quo); authorize the Director and the Sheriff to execute the MOU by November 30, 2020; authorize the Acting Chief Executive Officer and the Auditor-Controller to transfer $18,490,000 in appropriation from LASD’s County Services budget unit to the Parks and Recreation budget unit, only if the MOU is not executed by both Departments on or before November 30, 2020, approval of the transfer in appropriation is void if the MOU is executed by both Departments on or before November 30, 2020; and direct the Acting Chief Executive Officer to notify the Board of any budget actions taken.”

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 November 10, 2020 Los Angeles City Council meeting agenda. There are seven items in particular that could impact you.

1. Workers Who Could be Impacted: Undocumented City of Los Angeles Employees

As discussed in more detail in a prior post on this site, a July 29, 2020, a Motion introduced by Councilmember Gil Cedillo (1st District) 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 Council adopted the Motion on August 25, 2020.

On October 1, 2020, the City’s Personnel Department submitted a Report to the City Council’s Personnel and Animal Welfare Committee entitled “Personnel Department’s Report Back Regarding Legal Right To Work.” The Report provides in part “[a]ll jobs within the City require an individual to have authorization to work in the United States. Under federal law, it is unlawful for an employer knowingly to hire an individual who is unauthorized to be employed in the United States, or to continue to employ that individual with the knowledge that his or her employment is unauthorized…The City is required, under federal law, to verify if an individual is authorized to work in the United States. Employers, including governmental bodies, must verify the identity and employment authorization for any non-citizen seeking employment in the United States when hiring or continuing to employ the individual…The City has no authority to eliminate the authorization requirement. It does not matter what position is being considered. Further, consistent with federal law, the Civil Service Rule 3.1 provides an applicant must have a legal right to work to be qualified for examination.”

On November 4, 2020, the City Council’s Personnel and Animal Welfare Committee considered the Report. The Personnel and Animal Welfare Committee’s Report provides “[a]fter consideration and having provided an opportunity for public comment, the Committee moved to note and file the Personnel Department report. This matter is now submitted to Council for its consideration.”

Now, agenda item 27 of the November 10, 2020 Los Angeles City Council meeting calls for the Council to “[note] and [file] the October 1, 2020 Personnel Department report relative to creating a program that would provide a pathway to citizenship through City jobs.

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

As discussed in more detail in a prior post on this site, a July 29, 2020, Motion introduced by Councilmember Gil Cedillo (1st District) 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 Council adopted the Motion on August 25, 2020.

On September 28, 2020, the City’s Personnel Department submitted a Report  to the City Council’s Personnel and Animal Welfare Committee entitled “Personnel Department’s Report Back Regarding Legal Right To Work.” The Report provides in part “[a]ll jobs within the City require an individual to have authorization to work in the United States. Under federal law, it is unlawful for an employer knowingly to hire an individual who is unauthorized to be employed in the United States, or to continue to employ that individual with the knowledge that his or her employment is unauthorized…The City is required, under federal law, to verify if an individual is authorized to work in the United States. Employers, including governmental bodies, must verify the identity and employment authorization for any non-citizen seeking employment in the United States when hiring or continuing to employ the individual…The City has no authority to eliminate the authorization requirement. It does not matter what position is being considered. Further, consistent with federal law, the Civil Service Rule 3.1 provides an applicant must have a legal right to work to be qualified for examination. The power of Naturalization is exclusively in Congress.”

On November 4, 2020, the City Council’s Personnel and Animal Welfare Committee considered the Report. The Personnel and Animal Welfare Committee’s Report provides “[a]fter consideration and having provided an opportunity for public comment, the Committee moved to note and file the Personnel Department report. This matter is now submitted to Council for its consideration.”

Now, agenda item 29 of the November 10, 2020 Los Angeles City Council meeting calls for the Council to “[note] and [file] the September 28, 2020 Personnel Department report relative to City and County of Los Angeles jobs that have a legal status requirement.”

3. Workers Who Could Be Impacted: The Los Angeles Port Pilots Association, ILWU, Local 68

On October 28, 2020, the City Administrative Officer (CAO) sent a Report entitled “2017-2027 Amended Memorandum Of Understanding No. 26 For The Los Angeles Port Pilots Association, ILWU, Local 68” to the City Council. The Report provided in part “[i]n accordance with the instructions of the Executive Employee Relations Committee (EERC), a tentative agreement has been reached with the Los Angeles Port Pilots Association bargaining unit to amend and extend the current MOU. The tentative agreement has been ratified by bargaining unit members.” The Report was referred to the City Council’s Personnel and Animal Welfare Committee.

On November 4, 2020, Council’s Personnel and Animal Welfare Committee considered the Report. The Council’s Personnel and Animal Welfare Committee’s Report provides in part, “[a]fter further consideration and having provided an opportunity for public comment, the Committee recommended approval of the amended 2017-27 MOU No. 26. This matter is now submitted to Council for its consideration.”

Now, agenda item 29 of the November 10, 2020 Los Angeles City Council meeting calls for the Council to “1. [approve] the amended 2017-27 MOU 26, attached to the Council file, for the Port Pilots Bargaining Unit represented by the Los Angeles Port Pilots Association. [and] 2. [authorize] the City Administrative Officer (CAO) and City Controller to correct any clerical or technical errors in the MOU.”

4. Workers Who Could Be Impacted: Los Angeles City Attorney Management Association

On October 19, 2020, the City Administrative Officer (CAO) sent a Report entitled “Amendment No. 1 To The 2019-2022 Memorandum Of Understanding For The Los Angeles City Attorney Management Association – Management Attorneys Unit” to the City Council. The Report provided in part “[i]n its meeting on February 14, 2020, the Executive Employee Relations Committee (EERC) approved to amend the 2019-2022 MOU for the Management Attorneys Unit…represented by the Los Angeles City Attorney Management Association, to reflect slightly higher benefits.” The Report was referred to the City Council’s Personnel and Animal Welfare Committee.

On November 4, 2020, Council’s Personnel and Animal Welfare Committee considered the Report. The Council’s Personnel and Animal Welfare Committee’s Report provided in part “[a]fter consideration and having provided an opportunity for public comment, the Committee moved to recommend approval of Amendment No. 1. This matter is now submitted to Council for its consideration.”

Now, agenda item 33 of the November 10, 2020 Los Angeles City Council meeting calls for the Council to “1. [approve] Amendment No. 1. to the 2019-2022 MOU for the Los Angeles City Attorney Management Association, representing the MOU 32. [and] 2. [authorize] the Controller and the City Administrative Officer (CAO) to correct any clerical errors or make necessary technical corrections subsequent to City Council approval.”

5. Workers Who Could Be Impacted: Los Angeles Airport Police Supervisors Association (LAAPSA)

On October 19, 2020, the City Administrative Officer (CAO) sent a Report entitled “Amendment No. 1 2018-22 Memorandum of Understanding for The Los Angeles Airport Police Supervisors Association (LAAPSA) – Airport Supervisory Peace Officers Unit” to the City Council. The Report provided in part “[a]t its January 24, 2020, meeting the Executive Employee Relations Committee authorized two changes to [the] MOU…between the City and the Los Angeles Airport Police Supervisors Association…The first change addresses the Airfield Hazard Incentive for the Sergeants and Lieutenants at Airport Police and the second change addresses Municipal Police Sergeant Pay at the Los Angeles Police Department. These two changes will be codified into the attached amendment…to [the] MOU.” The Report was referred to the City Council’s Personnel and Animal Welfare Committee.

On November 4, 2020, Council’s Personnel and Animal Welfare Committee considered the Report. The Council’s Personnel and Animal Welfare Committee’s Report provided in part “[a]fter further consideration and having provided an opportunity for public comment, the Committee recommended approval of Amendment No. 1 to the 2018-22 MOU No. 39. This matter is now submitted to Council for its consideration.”

Now, agenda item 34 of the November 10, 2020 Los Angeles City Council meeting calls for the Council to “1. [approve] Amendment No. 1 to the 2018-22 MOU 39 for the Airport Supervisory Peace Officers Unit represented by the Los Angeles Airport Police Supervisors Association. [and] 2. [authorize] the City Administrative Officer (CAO) and City Controller to correct any clerical or technical errors in the MOU.” The Report was referred to the City Council’s Personnel and Animal Welfare Committee.

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

On October 27, 2020, the City Administrative Officer (CAO) sent a Report entitled “2020-21 Unfreeze Resolution” to the City Council. The Report provided in part “the Los Angeles Administrative Code provides that vacated positions, other than those of Officers of the City as defined by the Charter, may not be filled without specific authorization by the City Council. Therefore, I have prepared and attached the 2020-21 Unfreeze Resolution, which will provide such authorization subject to the Citywide Hiring Freeze. The attachment identifies the positions authorized in the 2020-21 Budget that are required to remain vacant should the Hiring Freeze be lifted. This list consists of the positions for which the City Council and Mayor reduced funding or that they identified for deletion in order to fund other purposes and positions approved subsequent to the enactment of the 2020-21 Budget, but effective July 1,2020.” The Report then lists the 43 “[p]ositions not authorized for filling during Fiscal Year 2020-21.” The Report was referred to the City Council’s Personnel and Animal Welfare Committee.

On November 4, 2020, Council’s Personnel and Animal Welfare Committee considered the Report. The Council’s Personnel and Animal Welfare Committee’s Report provided in part “[a]fter further consideration and having provided an opportunity for public comment, the Committee recommended approval of Amendment No. 1 to the 2018-22 MOU No. 39. This matter is now submitted to Council for its consideration.”

Now, agenda item 35 of the November 10, 2020 Los Angeles City Council meeting calls for the Council to “[adopt] the accompanying [Resolution] granting the filling of vacated positions for FY 2020-21 except for the positions detailed in number, code, and title in departments, bureaus, and offices as detailed in the Resolution.”

7. Workers Who Could Be Impacted: International Union of Operating Engineers, Local 501, AFL-CIO Confidential Attorneys Unit

On October 19, 2020, the City Administrative Officer (CAO) sent a Report entitled “Amendment No. 1 To The 2019-2022 Memorandum Of Understanding For The International Union Of Operating Engineers, Local 501 – Confidential Attorneys Unit” to the City Council. The Report provided in part “[i]n its meeting on February 14,2020, the Executive Employee Relations Committee (EERC) approved to amend the 2019-2022 MOU for the Confidential Attorneys Unit…represented by the I.U.O.E, Local 501, to reflect slightly higher benefits.” The Report was referred to the City Council’s Personnel and Animal Welfare Committee.

On November 4, 2020, Council’s Personnel and Animal Welfare Committee considered the Report. The Council’s Personnel and Animal Welfare Committee’s Report provided in part “[a]fter consideration and having provided an opportunity for public comment, the Committee moved to recommend approval of Amendment No. 1. This matter is now submitted to Council for its consideration.”

Now, agenda item 36 of the November 10, 2020 Los Angeles City Council meeting calls for the Council to “1. [approve] Amendment No. 1. to the 2019-2022 MOU for the International Union of Operating Engineers (IUOE), Local 501, representing the Confidential Attorneys Unit (MOU 31). [and] 2. [authorize] the Controller and the City Administrative Officer (CAO) to correct any clerical errors or make necessary technical corrections subsequent to City Council approval.”

We hope these updates are helpful to you.

Fraternally,

SR Holguin, PC