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

One way in which SR Holguin, PC ensures our clients and their members stay informed is by keeping you updated on recent developments relating to workers’ rights. Today’s updates come following the release of the September 15, 2021 Los Angeles County Board of Supervisors meeting agenda. There is one item in particular that could impact you.

1. Workers Who Could Be Impacted: Hospitality Workers Throughout LA County

The County’s Chief Executive Officer sent a letter to the Board of Supervisors entitled “Approval of Board Policy For Labor Peace Agreements (All Districts) (3 Votes)” dated September 15, 2021.”

The Letter provides in part, “[t]he County has a proprietary and financial interest in County-owned and operated properties that generate revenue for the County. Therefore, it is in the interest of the County that these operations are not interrupted due to labor-management matters, and consequently, do not negatively impact County revenue. A Labor Peace Agreement is a written agreement between an employer and a labor organization that contains a provision prohibiting a labor organization and its members from engaging in any picketing, work stoppage, boycott, or other economic interference with operations. Requiring that lessees, licensees, concessionaires, or any other entity conducting hospitality operations at County-owned or operated properties, whether such entity contracts directly with the County or the County’s lessee, licensee, or concessionaire, enter into Labor Peace Agreements with labor organizations representing employees in the hospitality industry ensures that labor organizations and their members do not engage in operational interferences that can adversely impact hospitality operations and the County’s financial position.”

Therefore, the Letter recommends the Board of Supervisors “approve a new…Policy establishing Labor Peace Agreements as a requirement for new, amended, or renewals of leases, licenses, or concession agreements with hospitality operators at Los Angeles County-owned…or operated properties for the duration of these agreements. This policy also applies to subleases, sublicenses, assignments, or transfers.”

Now, agenda item 31 of the September 15, 2021 Los Angeles County Board of Supervisors meeting calls for the Board to consider the Letter.

We hope these updates are helpful to you.

Fraternally,

SR Holguin, PC

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

One way in which SR Holguin, PC ensures our clients and their members stay informed is by keeping you updated on recent developments relating to workers’ rights. Today’s updates come following the release of the September 15, 2021 Los Angeles City Council meeting agenda. There is one item in particular that could impact you.

1. Workers Who Could Be Impacted: City of LA Employees

On August 19, 2021, the City’s Chief Legislative Analyst sent a Report to the City Council entitled “Follow Up Activity COVID-19 Impact on Working Women.”

The Report provided in part, “[t]he COVID-19 pandemic has affected the labor force nationwide and underscores the particular challenge women face in balancing family and work responsibilities. Before the pandemic, women accounted for more than half of the nation’s workforce, reflecting their importance in the economy. A number of recent reports demonstrate that women have been significantly impacted during the economic downturn. According to the U.S. Bureau of Labor Statistics, there were 2.2 million fewer women in the labor force in October 2020 than there were in October 2019. Women are highly represented in many of the hardest-hit employment sectors, such as education, hospitality and leisure, healthcare, and service industry. The closure of childcare centers and the shift to remote learning for students have also caused many mothers to make the difficult decision between working and caring for their young children. A recent survey by the U.S. Census Bureau noted that one in five women became unemployed during the pandemic due to the lack of childcare.

According to a report by the American Sociological Association, the long term impacts of the pandemic will likely result in greater inequality between men and women in occupational attainment, lifetime earnings, and economic independence.” Leaving the workplace diminishes an individual’s ability to gain new knowledge and experience, establish tenure, and develop professional relationships, all of which are critical to earning promotion and an increase in pay…

On April 20, 2021, the City Council adopted a Chief Legislative Analyst (CLA) report concerning the pandemic’s impact on working women with respect to childcare issues, paid leave policies, and the potential long-term consequences of women leaving the workplace for an extended period…This report provides the status of the recommendations approved by the Council including 1) the development of a survey to assess the impact of COVID-19 on women in the City’s workforce; 2) the development of a Management Academy to increase gender equity within the City’s management classifications; 3) updating the City’s remote work policies; 4) a progress update on ‘The Status of Women and Girls in Los Angeles’ report by the Commission on the Status of Women (CSW); 5) recommendations to address the impact of COVID-19 on women in the private sector; and, 6) the development of an Equity Fund for Women Entrepreneurs to support women starting their own businesses within the City.”

Therefore, the Report recommends “[t]hat the City Council: 1. Instruct the Personnel Department to report to Council on the survey findings relative to the impact of the COVID-19 pandemic on the City’s workforce. 2. Authorize the Personnel Department to release a Request for Proposals to initiate a Women’s Management Academy as outlined in this report, and coordinate with the Chief Legislative Analyst to identify a funding source for Council consideration and approval. 3. Instruct the Economic and Workforce Development Department to assess, share, and promote family-friendly workplace policies and business tools on its website and Business Source Centers to encourage adoption by local businesses.”

On August 24, 2021, the City Council’s Ad Hoc on COVID-19 Recovery and Neighborhood Investment Committee considered a Report. “During the discussion on the matter, the Committee Chair offered amendments for the Committee’s consideration. After providing an opportunity for public comment, the Committee recommended approving the…report, as amended…This matter is now submitted to the Council for consideration.”

The Report’s amended recommendations for Council action include “1. I[nstruct] the Personnel Department to report to the Council on the survey findings relative to the impact of the COVID-19 pandemic on the City’s workforce. 2. A[uthorize] the Personnel Department, to release a Request for Proposal to initiate a Women’s Management Academy as outlined in the subject Chief Legislative Analyst (CLA) report, dated August 19, 2021…3. I[nstruct] the Economic and Workforce Development Department (EWDD) to create a website called WomenAtWorkLA.com that could serve as a guideline for private sector businesses looking to adopt family-friendly policies, including a business toolkit and other resources for businesses; the website should be promoted through the City’s BusinessSource Center and the City should encourage local businesses to adopt these policies, as amended. 4. I[nstruct] the EWDD to create an Office of Workplace Equity and Diversity and to work with the City Administrative Officer (CAO) and the CLA to report back on positions and funding needed to launch the office, as amended.”

Now, agenda item 3 of the September 15, 2021 Los Angeles City Council meeting calls for the Council to consider the amended report.

We hope these updates are helpful to you.

Fraternally,

SR Holguin, PC

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

One way in which SR Holguin, PC ensures our clients and their members stay informed is by keeping you updated on recent developments relating to workers’ rights. Today’s updates come following the release of the September 10, 2021 Path Out Of The Pandemic: President Biden’s COVID-19 Action Plan. There are five sections of the Plan that could impact you.

According to the Plan, “[t]he President announced [COVID-19] vaccination requirements for the federal government in July and called on the private sector to do more to encourage vaccination as well. Since that time, employers, schools, nursing homes, restaurants, hospitals, and cities in all 50 states have announced new vaccination requirements. Since July, the share of job postings that require vaccination are up 90%.”

1. Workers Who Could Be Impacted: Workers Throughout the United States 

According to the Plan, “[t]he Department of Labor’s Occupational Safety and Health Administration (OSHA) is developing a rule that will require all employers with 100 or more employees to ensure their workforce is fully vaccinated or require any workers who remain unvaccinated to produce a negative test result on at least a weekly basis before coming to work. OSHA will issue an Emergency Temporary Standard (ETS) to implement this requirement. This requirement will impact over 80 million workers in private sector businesses with 100+ employees.”

Pursuant to the Plan, “[t]o continue efforts to ensure that no worker loses a dollar of pay because they get vaccinated, OSHA is developing a rule that will require employers with more than 100 employees to provide paid time off for the time it takes for workers to get vaccinated or to recover if they are under the weather post-vaccination. This requirement will be implemented through the ETS.”

2. Workers Who Could Be Impacted: Federal Government Employees and Contractors

The Plan provides, “[b]uilding on the President’s announcement in July to strengthen safety requirements for unvaccinated federal workers, the President has signed an Executive Order to take those actions a step further and require all federal executive branch workers to be vaccinated. The President also signed an Executive Order directing that this standard be extended to employees of contractors that do business with the federal government. As part of this effort, the Department of Defense, the Department of Veterans Affairs, the Indian Health Service, and the National Institute of Health will complete implementation of their previously announced vaccination requirements that cover 2.5 million people.”

Further, “President Biden’s Executive Order, Protecting the Federal Workforce and Requiring Mask-Wearing, requires masks and specific physical distancing requirements in federal buildings, on federal lands, on military bases, and other overseas locations, consistent with CDC guidance. President Biden’s plan will ensure that these requirements remain in place as we continue to battle COVID-19.”

3. Workers Who Could Be Impacted: Workers in Most Health Care Settings That Receive Medicare or Medicaid Reimbursement

The Plan states, “[t]he Centers for Medicare & Medicaid Services (CMS) is taking action to require COVID-19 vaccinations for workers in most health care settings that receive Medicare or Medicaid reimbursement, including but not limited to hospitals, dialysis facilities, ambulatory surgical settings, and home health agencies. This action builds on the vaccination requirement for nursing facilities recently announced by CMS, and will apply to nursing home staff as well as staff in hospitals and other CMS-regulated settings, including clinical staff, individuals providing services under arrangements, volunteers, and staff who are not involved in direct patient, resident, or client care. These requirements will apply to approximately 50,000 providers and cover a majority of health care workers across the country. Some facilities and states have begun to adopt hospital staff or health care sector vaccination mandates. This action will create a consistent standard across the country, while giving patients assurance of the vaccination status of those delivering care.”

4. Workers Who Could Be Impacted: Workers in Head Start Programs, Department of Defense Schools, and Bureau of Indian Education-Operated Schools 

In order “[t]o help ensure the safety of students, families, and their communities, the President’s plan includes requirements that teachers and staff at Head Start and Early Head Start programs, teachers and child and youth program personnel at the Department of Defense (DOD), and teachers and staff at Bureau of Indian Education-operated schools get vaccinated. The Department of Health and Human Services (HHS) will initiate rulemaking to implement this policy for Head Start and Early Head Start programs, which provide comprehensive education and child development services to ensure that children are well prepared for kindergarten. The Department of Defense operates 160 K-12 schools for students from military families across the U.S. and abroad, and the Department of the Interior operates 53 schools through the Bureau of Indian Education (BIE) across the U.S. on and off tribal lands. These schools and programs collectively serve more than 1 million children each year and employ nearly 300,000 staff. This action will help more schools and early childhood centers safely remain open and give comfort to the many parents that rely on them every day to keep their children safe.”

5. Workers Who Could Be Impacted: School Employees

“In order to keep all children safely learning in school, the President’s plan calls for Governors to require vaccinations for teachers and school staff. Currently, nine states, as well as the District of Columbia and Puerto Rico, have vaccination requirements for K-12 school staff, including California, Connecticut, Hawaii, Illinois, New Jersey, New Mexico, New York, Oregon, and Washington. Building on Administration policies to require vaccination among federal employees, including those serving children in DOD and BIE schools, the President is asking more states to join in requiring the vaccine for school employees to make sure we are keeping students safe.”

Further, “[a]s schools return to in-person learning, the Administration is calling on all schools to set up regular testing in their schools for students, teachers, and staff consistent with CDC guidance. CDC currently recommends that…screening testing should be offered to all teachers and staff who have not been fully vaccinated at any level of community transmission.”

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.

Today, SR Holguin, PC honored Labor Day. First celebrated in 1882, and becoming a national holiday in 1884, Labor Day was created to honor the country’s unions and workers. 

“By honoring labor with a holiday, [Congress] suggested, the nation will assure ‘that the nobility of labor will be maintained. So long as the laboring man can feel that he holds an honorable as well as a useful place in the body politic, so long will he be a loyal and faithful citizen.’ [Congress] felt, the celebration of Labor Day as a national holiday on the first Monday in September would ‘naturally lead to an honorable emulation among the different crafts beneficial to them and to the whole public.’ It would also ‘tend to increase the feeling of common brotherhood among men in all crafts and callings, and at the same time kindle an honorable desire in each craft to surpass the rest.’ A reasonable amount of rest and recreation makes a workman ‘more useful as a craftsman.’”

SR Holguin, PC is proud to stand in solidarity with unions and workers today and every day.

Fraternally,

SR Holguin, PC