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 August 26, 2020 Los Angeles City Council meeting agenda. There are two items in particular that could impact you.
1. Workers Who Could Be Impacted: Workers Throughout the City of Los Angeles
On August 5, 2020, a Motion was introduced by Councilmember Herb Wesson, Jr. (10th District) and seconded by Council President Nury Martinez (6th District). The Motion was discussed in more detail in a prior post on this site.
The motion called for “the City Attorney to prepare and present an ordinance that: 1) requires all employers to report to the City and the County when three or more of its employees test positive in a 2-week period…; 2) applies the same standards, to the extent feasible, to business owners utilizing legitimate independent contractors.; 3) allows the City and County to use the information collected above to assess the needs for testing at specific locations and industries; and 4) contains penalties and enforcement provisions for employers or business owners who fail to comply and anti-retaliation protections for employees who report noncompliance with the ordinance.”
The Motion was heard by the City Council’s Ad Hoc Committee on COVID-19 Recovery and Neighborhood Investment on August 19, 2020. The Committee’s report states in part “[a]fter an opportunity for public comment was held, the Committee moved to approved the recommendations as reflected above. This matter is now forwarded to the City Council for its consideration.”
Agenda item 28 of the August 26, 2020 Los Angeles City Council meeting agenda calls for the full City Council’s consideration of the Motion and the Committee’s recommendation for its approval.
2. Workers Who Could Be Impacted: Workers Throughout the City of Los Angeles
On May 12, 2020, a Motion was introduced by Assistant Council President Pro Tempore David Ryu (4th District) and seconded by Councilmember Paul Koretz (5th District). The motion provided in part “with cars sequestered in garages, thousands of airplanes on the ground, all Californians under some form of self-isolation or quarantine, and places of work temporarily closed, we have also seen a number of positive environmental effects…the City of Los Angeles and many businesses in the region have made significant investments in technology and their workforce to maintain operations during the Safer at Home Order, and some industries will carry over these investments in the long-run as businesses look to recover and leverage technology to improve resiliency. Roles that have always been performed from an office location are now being considered for remote work, telecommuting and/or staggered work days. The City of Los Angeles has a responsibility and role to play in encouraging and incentivizing these changes.”
As such, the Motion called for, among other things, “the Personnel Department, Information Technology Agency and General Services Department, with the assistance of the Chief Legislative Analyst and City Administrative Officer, be instructed to report back on the feasibility of implementing a remote work, telecommute and/or staggered work day program for City employees who are able to effectively carry out their job responsibilities and assigned tasks from an off-site location…. [and] that the City Administrative Officer, with the assistance of the Office of Finance, Economic and Workforce Development Department, Chief Legislative Analyst, and any other departments, agencies or external non-governmental partners, as needed, be instructed to report back on any financial and/or fiscal mechanisms the City could employ to incentivize private businesses within the City of Los Angeles to adopt remote work, telecommuting and/or staggered work day programs for employees.”
The Motion was referred to the Energy, Climate Change, and Environmental Justice Committee, and Personnel and Animal Welfare Committee, both of which waived consideration of the Motion.
Agenda item 29 of the August 26, 2020 Los Angeles City Council meeting agenda calls for the full City Council’s consideration of the Motion.
We hope these updates are helpful to you.
Fraternally,
SR Holguin, PC