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 February 2, 2021 Los Angeles City Council Meeting agenda. There is one item in particular that could impact you.

Workers Who Could be Impacted: Grocery and Drug Retail Workers Throughout the City of Los Angeles

On December 15, 2020, Council President Nury Martinez (6th District) and Councilmembers Mitch O’Farrell (13th District), Curren Price, Jr. (9th District), and Paul Koretz (5th District) introduced a Motion seconded by Councilmembers Mark Ridley-Thomas (10th District) and Gil Cedillo (1st District).

The Motion provided in part “[s]ince the beginning of the COVID-19 pandemic, grocery workers in the City of Los Angeles have continued to report to work and serve their communities, despite the ongoing hazards and danger of being exposed to the novel coronavirus. Because of the work of these essential grocery workers, families throughout the City have had access to the food they need during this pandemic. However, the pandemic is far from over and with increased case rates, the health threats that grocery workers face are even greater now than when this crisis began.

These essential grocery workers cannot choose to work from home – they must come in to work to do their jobs, which involves substantial interaction with customers. Workers are wearing masks, social distancing, and constantly wiping down cash registers, food conveyor belts and shopping carts in order to protect the public health. Additionally, these workers are continuously working to restock items that households desperately need like toilet paper, cleaning supplies and other essentials. These workers are staying inside with large crowds every day under ventilation systems that could be spreading the novel coronavirus. This puts these essential grocery workers in a position where they must live with the daily fear of not only contracting the virus but also bringing it home to their families.

The number of COVID-19 clusters within the grocery industry in the City of Los Angeles continues to rise significantly. The health threat that these grocery workers face cannot be overstated…These workers must be justly compensated for the clear and present dangers of doing their jobs during the pandemic by requiring their employers to provide hazard pay at all times that the City of Los Angeles falls under a coronavirus risk level of moderate, substantial, or widespread, under the State of California’s Coronavirus Risk Tiers and Stay at Home Health orders.”

Therefore, the Motion called for the “Office of the City Attorney [to] be requested to draft an emergency ordinance that will provide all on-site grocery workers at Grocery Stores with 300 or more employees with an additional five (5) dollars per hour in wages for the period of the effective date of this Ordinance during which the City of Los Angeles is within a Widespread (purple), Substantial (red), or Moderate (orange) Risk Level, and until such time as risk levels return to Minimal (yellow) under the State Health orders.” 

The Motion was referred to the City Council’s Economic Development and Jobs Committee. On January 26, 2021 the Committee considered the Motion. The Committee’s Report provided the “[r]ecommendations for Council action, as initiated by [the] Motion” were:

“1. [request] the City Attorney to: 

a. Prepare and present an Ordinance that will provide all hourly, non-managerial employees at grocery and drug retail stores in the City of Los Angeles with 300 or more employees nationally and 10 or more employees on-site, with a total of five dollars per hour premium hazard pay in addition to their base wage for the next 120 days and to incorporate the following:

i. The definition of ’employer’ for food and drug retail should mirror that of the City’s COVID Worker Protection Ordinance and also include retail stores with 85,000 square feet or more that dedicate 10 percent of sales floor to grocery or drug retail. 

ii. The Ordinance should also include a private right of action, similar to the City’s Minimum Wage ordinance, as well as an urgency clause. 

b. Report in regard to potential legal issued in connection with implementing an Ordinance as described above in Recommendation No. 1a. 

2. [instruct] Office of Wage Standards, with assistance of City Attorney, to promulgate Rules and Regulations for implementing the Ordinance as described in Recommendation No. 1a.

3. [instruct] the Chief Legislative Analyst (CLA) to report in regard to: 

a. Potential economic impacts of implementing an Ordinance as described above in Recommendation No. 1a. 

b. Potential legal challenges of implementing an Ordinance as described above in Recommendation No. 1a and countering said legal challenges.”

The Report then provided “[a]fter consideration and having provided an opportunity for public comment, the Committee moved to recommend approval of the Motion, as amended. This matter is now submitted to Council for its consideration.”

Now, agenda item 19 of the February 2, 2021 Los Angeles City Council meeting calls for the Council to consider the Motion.

This Motion is similar to Motions previously heard by the Long Beach City Council and the LA County Board of Supervisors to provide “Hero Pay” to grocery workers in their jurisdictions.

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 January 26, 2021 Los Angeles City Council Meeting agenda. There is one item in particular that could impact you.

Workers Who Could be Impacted: “Essential Waterfront Workers”

On December 15, 2020, President Pro Tempore Joe Buscaino (15th District), and Councilmember Paul Koretz (5th District) introduced a Resolution seconded by Councilmember Mike Bonin (11th District). 

The Resolution provided in part “the maritime industry has continued to operate throughout the global COVID-19 pandemic despite major disruptions to global supply chains…the Port of Los Angeles is a linchpin in the economic vitality of multiple critical infrastructure sectors locally and nationally…the maritime industry is fueled by the work of essential waterfront workers who have taken on extensive risks in order to ensure the continued flow of goods and materials through the Port…the State is developing guidelines for the distribution of COVID-19 vaccines to essential personnel once medical workers, first responders, and vulnerable populations have been successfully vaccinated…the health and safety of waterfront workers is crucial for the continued recovery from the economic devastation wrought by the global pandemic…and…the State should prioritize protection of the waterfront workers who continue to risk their health to maintain our local and national economies.”

Therefore, the Resolution called for “with the concurrence of the Mayor, that by the adoption of this Resolution, the City of Los Angeles hereby includes in its 2021-2022 State Legislative Program [support] for any legislation or administrative action that would prioritize distribution of the COVID-19 vaccine for essential waterfront workers.”

The Resolution was referred to the City Council’s Rules, Elections, and Intergovernmental Relations Committee who waived consideration of the item.

Now, agenda item 6 of the January 26, 2021 Los Angeles City Council Meeting calls for the Council to “[adopt] the accompanying [Resolution] to include in the City’s 2021-2022 State Legislative Program, [support] for any legislation or administrative action that would prioritize distribution of the COVID-19 vaccine for essential waterfront workers.”

International Longshore and Warehouse Union (ILWU), Locals 13, 63, and 94 submitted public comment in support of the Resolution.

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 January 26, 2021 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: Workers Throughout Unincorporated LA County

Supplemental Agenda items 37-E “Extending the Supplemental Paid Sick Leave Ordinance” and 37-F “County Code, Title 8 – Consumer Protection, Business and Wage Regulations Amendment”

A Motion will be introduced by Chair Hilda Solis (1st District). The Motion provides in part “[t]he COVID-19 pandemic has devastated many lives in the Los Angeles County workforce. On March 31, 2020…the Board of Supervisors adopted a motion that called for a report back on implementing protections for workers in unincorporated Los Angeles County affected by the COVID- 19 pandemic. The report back examined the provision for supplemental paid sick leave benefits. The federal government had enacted H.R. 6201 Federal Families First Coronavirus Response Act (Families First Act), which required employers with fewer than 500 employees to provide supplemental paid sick leave benefits to their employees impacted by COVID-19. On April 28, 2020, the County of Los Angeles enacted an urgency ordinance extending the paid sick leave benefit to employees at businesses that employ 500 or more employees nationally, in the County’s jurisdiction, which were not covered by the Families First Act. The supplemental paid sick leave benefits provided under Chapter 8.200 expired on December 31, 2020. In light of the continuing COVID-19 pandemic…the benefits under Chapter 8.200 should be extended. In addition, the Families First Act’s supplemental paid sick leave benefits for employees at employers with fewer than 500 employees expired on December 31, 2020. In light of the continuing COVID-19 pandemic…the sick leave benefits provided under Chapter 8.200 should be extended to all employers with fewer than 500 employees in the County’s jurisdiction.”

Therefore, the Motion calls for “the Board of Supervisors [to] approve the attached ordinance to amend the Los Angeles County COVID-19 Supplemental Paid Sick Leave Ordinance contained in Chapter 8.200 of Title 8 of the Los Angeles County Code, to extend supplemental paid sick leave for employees at businesses employing 500 or more employees nationally and establish supplemental paid sick leave to employees of all employers in the unincorporated areas of the County.”

On January 21, 2021, an Analysis of the Ordinance conducted by the County Counsel was submitted to the Board. The Analysis provided in part “[t]his urgency ordinance amends the Los Angeles County COVID-19 Supplemental Paid Sick Leave Ordinance contained in Chapter 8.200 of Title 8 — Consumer Protection, Business and Wage Regulations —of the Los Angeles County Code, which established supplemental paid sick leave for employees at businesses that employ 500 or more employees nationally in response to the pandemic COVID-19 public health crisis. The supplemental paid sick leave under Chapter 8.200 expired on December 31, 2020. This urgency ordinance will extend supplemental paid sick leave until two calendar weeks after the expiration of the COVID-19 local emergency as ratified and declared by the Board. This urgency ordinance will also extend supplemental paid sick leave to employees at all businesses in the unincorporated areas of the County. This urgency ordinance will take immediate effect upon its approval by at least a four-fifths vote of the Board of Supervisors.”

Now Supplemental Agenda items 37-E and 37-F call for the Board to consider the Ordinance. 

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 President of the United States Joseph R. Biden, Jr.’s initial Executive Orders. There are 5 items that could impact you.

1. Workers Who Could be Impacted: Federal Government Employees and Contractors

On January 20, 2021, President Biden issued Executive Order 13991,“Protecting the Federal Workforce and Requiring Mask-Wearing.”

The Order provided in part “to protect the Federal workforce and individuals interacting with the Federal workforce, and to ensure the continuity of Government services and activities, on-duty or on-site Federal employees, on-site Federal contractors, and other individuals in Federal buildings and on Federal lands should all wear masks, maintain physical distance, and adhere to other public health measures, as provided in CDC guidelines.” For purposes of the Order “‘Federal employees’ and ‘Federal contractors’ mean employees (including members of the Armed Forces and members of the National Guard in Federal service) and contractors (including such contractors’ employees) working for the executive branch.”

Further, the Order “established the Safer Federal Workforce Task Force (Task Force). The Task Force shall provide ongoing guidance to heads of agencies on the operation of the Federal Government, the safety of its employees, and the continuity of Government functions during the COVID-19 pandemic. Such guidance shall be based on public health best practices as determined by CDC and other public health experts, and shall address, at a minimum, the following subjects as they relate to the Federal workforce: (i) testing methodologies and protocols; (ii) case investigation and contact tracing; (iii) requirements of and limitations on physical distancing, including recommended occupancy and density standards; (iv) equipment needs and requirements, including personal protective equipment; (v) air filtration; (vi) enhanced environmental disinfection and cleaning; (vii) safe commuting and telework options; (viii) enhanced technological infrastructure to support telework; (ix) vaccine prioritization, distribution, and administration; (x) approaches for coordinating with State, local, Tribal, and territorial health officials, as well as business, union, academic, and other community leaders; (xi) any management infrastructure needed by agencies to implement public health guidance; and  (xii) circumstances under which exemptions might appropriately be made to agency policies in accordance with CDC guidelines, such as for mission-critical purposes.”

The Order also requires “the Director of CDC…[to] promptly develop and submit to the COVID-19 Response Coordinator a testing plan for the Federal workforce. This plan shall be based on community transmission metrics and address the populations to be tested, testing types, frequency of testing, positive case protocols, and coordination with local public health authorities for contact tracing.”

2. Workers Who Could be Impacted: United States Executive Branch Employees

On January 20, 2021, President Biden issued the “Executive Order on Ethics Commitments by Executive Branch Personnel.” 

The Order provided in part, “every appointee in every executive agency appointed on or after January 20, 2021, shall sign, and upon signing shall be contractually committed to, the following pledge upon becoming an appointee:

I recognize that this pledge is part of a broader ethics in government plan designed to restore and maintain public trust in government, and I commit myself to conduct consistent with that plan. I commit to decision-making on the merits and exclusively in the public interest, without regard to private gain or personal benefit. I commit to conduct that upholds the independence of law enforcement and precludes improper interference with investigative or prosecutorial decisions of the Department of Justice. I commit to ethical choices of post-Government employment that do not raise the appearance that I have used my Government service for private gain, including by using confidential information acquired and relationships established for the benefit of future clients. Accordingly, as a condition, and in consideration, of my employment in the United States Government in a position invested with the public trust, I commit myself to the following obligations, which I understand are binding on me and are enforceable under law.”

The Order then went on to ban Executive Branch employees from accepting gifts from lobbyists, and ban revolving door lobbying for 2 years.

3. Workers Who Could be Impacted: School Employees Throughout the Country

On January 21, 2021, President Biden issued the “Executive Order on Supporting the Reopening and Continuing Operation of Schools and Early Childhood Education Providers.”

The Order provided in part “[e]very student in America deserves a high-quality education in a safe environment. This promise, which was already out of reach for too many, has been further threatened by the COVID-19 pandemic. School and higher education administrators, educators, faculty, child care providers, custodians and other staff, and families have gone above and beyond to support children’s and students’ learning and meet their needs during this crisis. Students and teachers alike have found new ways to teach and learn. Many child care providers continue to provide care and learning opportunities to children in homes and centers across the country. However, leadership and support from the Federal Government is needed. Two principles should guide the Federal Government’s response to the COVID-19 crisis with respect to schools, child care providers, Head Start programs, and higher education institutions. First, the health and safety of children, students, educators, families, and communities is paramount. Second, every student in the United States should have the opportunity to receive a high-quality education, during and beyond the pandemic. Accordingly, it is the policy of my Administration to provide support to help create the conditions for safe, in-person learning as quickly as possible; ensure high-quality instruction and the delivery of essential services often received by students and young children at school, institutions of higher education, child care providers, and Head Start programs; mitigate learning loss caused by the pandemic; and address educational disparities and inequities that the pandemic has created and exacerbated.”

The Order then went on to outline ways in which the Secretary of Education and Secretary of Health and Human Services will further that policy, including “consult[ing] with…unions.”

4. Workers Who Could be Impacted: Workers Throughout the Country

On January 21, 2021, President Biden issued the “Executive Order on Protecting Worker Health and Safety.”

The Order provided in part “[e]nsuring the health and safety of workers is a national priority and a moral imperative. Healthcare workers and other essential workers, many of whom are people of color and immigrants, have put their lives on the line during the coronavirus disease 2019 (COVID-19) pandemic. It is the policy of my Administration to protect the health and safety of workers from COVID-19. The Federal Government must take swift action to reduce the risk that workers may contract COVID-19 in the workplace. That will require issuing science-based guidance to help keep workers safe from COVID-19 exposure, including with respect to mask-wearing; partnering with State and local governments to better protect public employees; enforcing worker health and safety requirements; and pushing for additional resources to help employers protect employees.”

The Order then calls for the “Secretary of Labor…[to] (a) issue, within 2 weeks of the date of this order…revised guidance to employers on workplace safety during the COVID-19 pandemic; (b) consider whether any emergency temporary standards on COVID-19, including with respect to masks in the workplace, are necessary, and if such standards are determined to be necessary, issue them by March 15, 2021; (c) review the enforcement efforts of the Occupational Safety and Health Administration (OSHA) related to COVID-19 and identify any short-, medium-, and long-term changes that could be made to better protect workers and ensure equity in enforcement; (d) launch a national program to focus OSHA enforcement efforts related to COVID-19 on violations that put the largest number of workers at serious risk or are contrary to anti-retaliation principles; and (e)…conduct, consistent with applicable law, a multilingual outreach campaign to inform workers and their representatives of their rights under applicable law. This campaign shall include engagement with labor unions, community organizations, and industries, and place a special emphasis on communities hit hardest by the pandemic.”

The Order also requires the “Secretary of Labor…[to] (i) coordinate with States that have occupational safety and health plans…to seek to ensure that workers covered by such plans are adequately protected from COVID-19, consistent with any revised guidance or emergency temporary standards issued by OSHA; and (ii) in States that do not have such plans, consult with State and local government entities with responsibility for public employee safety and health and with public employee unions to bolster protection from COVID-19 for public sector workers. (b)…explore mechanisms to protect workers not protected under the Act so that they remain healthy and safe on the job during the COVID-19 pandemic. (c)…consider whether any emergency temporary standards on COVID-19 applicable to coal and metal or non-metal mines are necessary, and if such standards are determined to be necessary and consistent with applicable law, issue them as soon as practicable.”

5. Workers Who Could be Impacted: Federal Government Employees

On January 22, 2021, President Biden issued the “Executive Order on Protecting the Federal Workforce.”

The Order provided in part “[c]areer civil servants are the backbone of the Federal workforce, providing the expertise and experience necessary for the critical functioning of the Federal Government. It is the policy of the United States to protect, empower, and rebuild the career Federal workforce. It is also the policy of the United States to encourage union organizing and collective bargaining. The Federal Government should serve as a model employer.” The Order then revoked a number of Executive Orders related to the civil service system issued by the prior administration.

Section 4 of the Order, entitled “Ensuring the Right to Engage in Collective Bargaining” provided “the head of each agency subject to the provisions of chapter 71 of title 5, United States Code, shall elect to negotiate over the subjects set forth in 5 U.S.C. 7106(b)(1) and shall instruct subordinate officials to do the same.”

Section 5 of the Order, entitled “Progress Toward a Living Wage for Federal Employees” requires the Director of the United States Office of Personnel Management to “provide a report to the President with recommendations to promote a $15/hour minimum wage for Federal 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 January 13, 2021 Los Angeles City Council meeting agenda. There is one item in particular that could impact you.

Workers Who Could be Impacted: Farmworkers Throughout California 

On August 25, 2020 a Resolution was introduced by Councilmember Monica Rodriguez (11th District) and seconded by Councilmember Paul Koretz (5th District). The Resolution provided in part “due to the COVID-19 pandemic, there is an unprecedented demand for food grown in California, making farmworkers ‘essential’ workers… hundreds of thousands of farmworker are especially vulnerable to COVID-19 outbreaks as many farmworker families live in close quarters to save money, ride together to the fields, and work in crowded conditions, making social distancing difficult… although farmworkers are deemed ‘essential’ employees, many don’t have health insurance or paid sick leave…there are a significant number of undocumented farmworkers who are afraid to speak up about unsafe working conditions because they fear retaliation and deportation…[and] there is inconsistent distribution of personal protective equipment (PPE) and information about safety protocols at different farm locations.

[T]he five-bill ‘California Farmworker COVID-19 Relief Package’ proposes to expand paid sick leave for farmworkers, provide supplemental hazard pay, extend a tax credit to farmers who offer overtime work to their workers, fund an outreach campaign to educate workers on personal protection practices, and help expedite temporary housing to mitigate overcrowding and allow for social distancing…Assemblymember Robert Rivas (D-Hollister) introduced the ‘California Farmworker COVID-19 Relief Package,’ which consists of AB 2043: Agricultural Workplace Health & Safety Act, AB 2956: Agriculture Labor Shortage and Overtime Act, AB 2164: Telehealth and e-Consult Services Act, AB 3155: Moderate Income Housing Act, and AB 2165: Access to Justice and Electronic Court Filings Act.”

 Therefore, the Resolution called for “with the concurrence of tire Mayor, that by the adoption of this Resolution, the City of Los Angeles hereby includes in its 2019-2020 State Legislative Program [support] for the five-bill ‘California Farmworker COVID-19 Relief Package,’ which will protect farmworkers and avoid disruptions in food supply.”

The Resolution was then referred to the City Council’s Rules, Elections, and Intergovernmental Relations Committee. On September 21, 2020, the Chief Legislative Analyst sent a Report to the Committee. 

The Report provided in part “[t]here are an estimated 800,000 farmworkers in California, most of whom are Latino and a large portion are undocumented. The U.S. Department of Labor estimates that less than a third have health insurance and sick leave is not typically available….The California Farmworker COVID-19 Relief Packages seeks to address these concerns. These bills would provide funding to distribute information to employees and employers on workplace safety regulations, particularly with regard to COVID-19; additional, safe means to access health care resources; streamline multi-family housing development; and expand electronic filing in courts, which is an issue for agricultural communities.” The Report then recommended the Council adopt the Resolution.

On September 23, 2020, the Resolution was heard by the Rules, Elections, and Intergovernmental Relations Committee. The Committee’s Report provides in part “[a]fter providing an opportunity for public comment, the Committee recommended that Council adopt the Resolution. This mater is now forwarded to Council for its consideration.”

Now, agenda item 17 of the January 13, 2021 Los Angeles City Council meeting calls for the Council to “[adopt] the accompanying [Resolution] to include in the City’s 2019-20 State Legislative Program, [support] for the five-bill California Farmworker COVID-19 Relief Package, which will protect farmworkers and avoid disruptions in food supply.”

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 January 5, 2021 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: Grocery and Drug Retail Employees in LA County

Supplemental Agenda item 59-B: “‘Hero Pay’ for Frontline-Grocery and Drug Retail Employees in Los Angeles County”

A Motion will be introduced by Chair Hilda Solis (1st District) and Chair Pro Tem Holly Mitchell (2nd District) entitled “‘Hero Pay’ for Frontline-Grocery and Drug Retail Employees in Los Angeles County.”

The Motion provides in part, since the COVID-19 pandemic began “many sectors were able to transition their workforce to working from home, millions of workers in face-to-face service industries were deemed ‘essential’ to ensure that our communities continue to operate, and basic needs continue to be provided for. Notably, frontline grocery and drug retail workers are two categories of essential workers who have continued to show up for work despite the potential exposure through interactions with customers and co-workers who may have contracted the virus. Working in an essential industry, grocery and drug retail employees have not had the luxury of working from home to help their children with distance-learning and, as a result, have incurred additional childcare expenses. Because of their work on the frontlines, grocery and drug retail workers have met the frantic pace of demand to keep County residents fed and ensure access to medicine during this pandemic. This has been the case since the beginning of the pandemic, with people across the nation rushing to grocery and drug retail stores to stock up on supplies bracing for the unknown.

As the County experiences a record-breaking wave of COVID-19 cases, grocery retailers have experienced an increase in outbreaks…The inability to practice social distancing consistently at work due to large crowds has not only increased exposure risks but also contributed to the psychological distress workers have felt during the pandemic…The pandemic has exposed and deepened social and economic inequalities in the County, with the burden of the crisis affecting the most vulnerable communities, often compromised of low-income workers of color. Meanwhile, some of the largest grocery retailers in the nation and County have flourished and expanded their market share. These employers employ a labor workforce that consists of low-wage workers who have been disproportionately impacted by the economic fallout of this pandemic…grocery and drug retail workers are among the heroes of this pandemic, putting their lives on the line – often for low wages and minimal benefits – in order to sustain our food system and maintain healthy communities. In March, several grocery store corporations offered $2 to $4 hourly raises to employees, at the outset of the pandemic. However, this increase, sometimes referred to as ‘Hero Pay,’ lapsed in May, while profits – and COVID-19 cases – have surged. It is imperative for this Board to act with urgency to support just compensation for these workers by requiring their employers to provide for ‘Hero Pay.’”

Therefore, the Motion calls for “the Board of Supervisors [to] direct the Acting County Counsel, in consultation and collaboration with and other relevant Departments, to deliver a written report to the Board of Supervisors prior to its January 26, 2021 meeting that: 

1. Contains a proposed Urgency Ordinance that, among other things: 

a. Requires that stores located in the unincorporated areas of the County of Los Angeles, that are covered by Appendix B-1 of the County of Los Angeles Department of Public Health Targeted Temporary Safer at Home Health Officer Order, and are publicly traded or have at least 300 employees nationwide and more than 10 employees per store site pay all of their workers an additional five (5) dollars per hour in wages;

b. Sunsets 120 days from the effective date of the ordinance; and 

c. Includes any other provisions necessary to implement the intent of this motion 

2. Advises the Board as to whether such an Urgency Ordinance can apply to incorporated and unincorporated areas of Los Angeles County.”

Now, supplemental agenda item 59-B of the January 5, 2021 Los Angeles County Board of Supervisors meeting calls for the Board to consider the Motion. 

2. Workers Who Could be Impacted: Workers in Unincorporated LA County

Supplemental Agenda item 59-C: “Extending the Supplemental Paid Sick Leave Ordinance”

A Motion will be introduced by Chair Hilda Solis (1st District) entitled “Extending the Supplemental Paid Sick Leave Ordinance.” 

The Motion provides in part “[o]n March 31, 2020…the Board of Supervisors adopted a motion that called for a report back on implementing protections for workers in unincorporated Los Angeles County affected by the COVID- 19 pandemic. The report back examined the provision for supplemental paid sick leave benefits. The federal government had enacted H.R. 6201 Federal Families First Coronavirus Response Act (Families First Act), which required employers with fewer than 500 employees to provide supplemental paid sick leave benefits to their employees impacted by COVID-19. On April 28, 2020, the County of Los Angeles enacted an urgency ordinance extending the paid sick leave benefit to employees at businesses that employ 500 or more employees nationally, in the County’s jurisdiction, which were not covered by the Families First Act. The supplemental paid sick leave benefits provided under Chapter 8.200 expired on December 31, 2020. In light of the continuing COVID-19 pandemic and renewed ‘Safer at Home’ declarations by California Governor Gavin Newsom and the Los Angeles County Board of Supervisors, the benefits under Chapter 8.200 should be extended. In addition, the Families First Act’s supplemental paid sick leave benefits for employees at employers with fewer than 500 employees expired on December 31, 2020. In light of the continuing COVID-19 pandemic and renewed ‘Safer at Home’ declarations by California Governor Gavin Newsom and the Los Angeles County Board of Supervisors, the sick leave benefits provided under Chapter 8.200 should be extended to all employers with fewer than 500 employees in the County’s jurisdiction.”

Therefore, the Motion calls for the “Board of Supervisors [to] direct the Acting County Counsel, in consultation and collaboration with and other relevant Departments, to report back prior to the January 26, 2021 Board of Supervisors meeting with draft ordinance language to: 1) extend the existing paid sick leave benefits provided under Chapter 8.200, and 2) extend the paid sick leave benefits provided under Chapter 8.200 to employees of all employers within the unincorporated areas of the County of Los Angeles, and that fall under the jurisdiction of the County of Los Angeles.”

Now, supplemental agenda item 59-C of the January 5, 2021 Los Angeles County Board of Supervisors meeting calls for the Board to consider 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 January 1, 2021 California Minimum Wage Increase.

Workers Who Could be Impacted: Workers Throughout California

On January 1, 2021, California’s minimum wage increased to $14 per hour for employers with 26 or more employees, and $13 per hour for employers with 25 or fewer employees.

According to the California Department of Industrial Relations “California is the first state in the nation to commit to raising the minimum wage to $15 per hour statewide by 2022 for large businesses, and by 2023 for small businesses.” SB 3 (Leno, Chapter 4, Statutes of 2016) “increases the minimum wage over time consistent with economic expansion, while providing safety valves to pause wage increases if negative economic or budgetary conditions emerge.”

On January 1, 2022, California’s minimum wage is scheduled increase to $15 per hour for employers with 26 or more employees, and $14 per hour for employers with 25 or fewer employees.

On January 1, 2023, California’s minimum wage is scheduled to remain $15 per hour for employers with 26 or more employees, and increase to $15 per hour for employers with 25 or fewer employees.

We hope these updates are helpful to you.

Fraternally,

SR Holguin, PC