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 ahead of the California Labor Laws Taking Effect on January 1, 2022.

1. Workers Who Could be Impacted: Workers Throughout California

California State Senate Bill (SB) 606 was authored by Senator Lena Gonzalez (33rd Senate District- Long Beach).

“Existing law gives the Division of Occupational Safety and Health, within the Department of Industrial Relations, [(Cal/OSHA)] the power, jurisdiction, and supervision over every employment and place of employment in [California,] which is necessary to adequately enforce and administer all laws requiring that employment and places of employment be safe, and requiring the protection of the life, safety, and health of every employee in that employment or place of employment.”

Existing law requires Cal/OSHA “to issue a citation for a violation of provisions relating to the spraying of asbestos, or any standard, rule, order, or regulation established pursuant to…the California Occupational Safety and Health Act of 1973 if, upon inspection or investigation, [Cal/OSHA] believes that an employer has committed a violation. Existing law imposes penalties of certain maximum amounts depending on whether the violation is serious, uncorrected, or willful or repeated. Existing law authorizes [Cal/OSHA] to seek an injunction restraining certain uses or operations of employment that constitute a serious menace to the lives or safety of persons.”

Effective January 1, 2022, SB 606 will “create a rebuttable presumption that a violation committed by an employer that has multiple worksites is enterprise-wide if the employer has a written policy or procedure that violates these provisions…or [Cal/OSHA] has evidence of a pattern or practice of the same violation committed by that employer involving more than one of the employer’s worksites.” 

SB 606 will “authorize [Cal/OSHA] to issue an enterprise-wide citation requiring enterprise-wide abatement if the employer fails to rebut such a presumption.” SB 606 will “subject an enterprise-wide violation to the same penalty provision as willful or repeated violations.” SB 606 will require Cal/OSHA “to issue a citation for an egregious violation…for each willful and egregious violation… [and will] require each instance of an employee exposed to that violation to be considered a separate violation for purposes of the issuance of fines and penalties.”

2. Workers Who Could be Impacted: Public Employees Throughout California 

California State Assembly Bill (AB) 237 was authored by Assemblymember Adam Gray (21st Assembly District- Merced).

Effective January 1, 2022, AB 237 will “enact the Public Employee Health Protection Act, which would make it an unfair practice for [any public employer that offers health care or other medical coverage for nonoccupational injuries or illness to its employees]…to fail or refuse to maintain or pay for continued health care or other medical coverage for an enrolled employee or their enrolled dependents, for the duration of the enrolled employee’s participation in the authorized strike, at the level and under the conditions that coverage would have been provided if the employee had continued to work in their position for the duration of the strike.”

AB 237 will “also make it an unfair practice for a covered employer to fail to collect and remit the employee’s contributions, if any, to this coverage, or to maintain any policy purporting to authorize an action prohibited…or otherwise threaten an employee or their dependents’ continued access to health or medical care during or as a result of the employee’s participation in a strike.” AB 237 will “require the restoration of health or other medical care premiums, contributions, or out-of-pocket expenses actually paid by the employee or their dependents as a result of the employer’s violation of this provision, or because the employer failed to ensure continued coverage during a strike, and w[ill] require other equitable adjustments to ensure that the employee and their dependents are made whole.”

3. Workers Who Could be Impacted: Garment Workers Throughout California

SB 62 was authored by Senator María Elena Durazo (24th Senate District- Los Angeles).

Effective January 1, 2022, “an employee engaged in the performance of garment manufacturing shall not be paid by the piece or unit, or by the piece rate. Employees engaged in the performance of garment manufacturing shall be paid at an hourly rate not less than the applicable minimum wage…any garment manufacturer or contractor who violates [the requirement to pay an hourly rate] shall be subject to compensatory damages of two hundred dollars ($200) per employee for each pay period in which each employee is paid by the piece rate.”

Importantly, SB 62 “shall not apply to workplaces where employees are covered by a bona fide collective bargaining agreement [(CBA)], if the agreement expressly provides for wages, hours of work, and working conditions of the employees; premium wage rates for all overtime hours worked and a regular hourly rate of pay for those employees of not less than 30 percent more than the state minimum wage; stewards or monitors; and a process to resolve disputes concerning nonpayment of wages.”

4. Workers Who Could be Impacted: Workers With Disabilities Throughout California

SB 639 was authored by Senator María Elena Durazo (24th Senate District- Los Angeles).

“Under existing law, the Industrial Welfare Commission is authorized to issue a special license to a nonprofit organization such as a sheltered workshop or rehabilitation facility to permit the employment of disabled employees who the commission has determined meet the requirements for paying less than the state minimum wage without requiring individual licenses of those employees. Existing law requires the commission to fix a special minimum wage for those employees, subject to renewal.”

Existing law allows “[f]or any occupation in which a minimum wage has been established, the [Industrial Welfare Commission] may issue to an employee who is mentally or physically disabled, or both, a special license authorizing the employment of the licensee for a period not to exceed one year from date of issue, at a wage less than the legal minimum wage. The commission shall fix a special minimum wage for the licensee. That license may be renewed on a yearly basis.” Pursuant to SB 639, no new licenses may be issued effective January 1, 2022.

Pursuant to SB 639, effective “January 1, 2025, or when…a multiyear phaseout plan to pay any employee with a disability…no less than the state minimum…is released, [SB 639 will] prohibit an employee with a disability from being paid less than the legal minimum wage or the applicable local minimum wage ordinance, whichever is higher.”

5. Workers Who Could be Impacted: Warehouse Distribution Workers Throughout California

AB 701 was authored by Assemblymember Lorena Gonzalez (80th Assembly District- San Diego).

Effective January 1, 2022, AB 701 will “require specified employers to provide to each employee…who works at a warehouse distribution center, upon hire, or within 30 days of [January 1, 2022,] with a written description of each quota to which the employee is subject, including the quantified number of tasks to be performed, or materials to be produced or handled, within the defined time period, and any potential adverse employment action that could result from failure to meet the quota.” 

AB 701 “provide[s] that an employee shall not be required to meet a quota that prevents compliance with meal or rest periods, use of bathroom facilities, or occupational health and safety laws.” AB 701 “prohibit[s] an employer from taking adverse action against an employee for failure to meet a quota that has not been disclosed or for failure to meet a quota that does not allow a worker to comply with meal or rest periods or occupational health and safety laws.” AB 701 “require[s] that any action taken by an employee to comply with occupational health and safety laws or division standards be considered time on task and productive time for the purposes of any quotas or monitoring system.”

6. Workers Who Could be Impacted: Food Delivery Workers Throughout California

AB 286 was authored by Assemblymember Lorena Gonzalez (80th Assembly District- San Diego).

Effective January 1, 2022, AB 286 will “make it unlawful for a food delivery platform to retain any portion of amounts designated as a tip or gratuity. The bill would require a food delivery platform to pay any tip or gratuity for a delivery order, in its entirety, to the person delivering the food or beverage, and to pay any tip or gratuity for a pickup order, in its entirety, to the food facility.”

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 ahead of the January 1, 2022 California Minimum Wage Increase.

Workers Who Could be Impacted: Workers Throughout California

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

It is important to note that some cities and counties have a local minimum wage that is higher than the state rate. This includes 38 localities: Alameda, Belmont, Berkeley, Burlingame, Cupertino, Daly City, East Palo Alto, El Cerrito, Emeryville, Fremont, Half Moon Bay, Hayward, Los Altos, Los Angeles, Unincorporated Los Angeles County, Malibu, Menlo Park, Milpitas, Mountain View, Novato, Oakland, Palo Alto, Pasadena, Petaluma, Redwood City, Richmond, San Carlos, San Diego, San Francisco, San Jose, San Leandro, San Mateo, Santa Clara, Santa Monica, Santa Rosa, Sonoma, South San Francisco, and Sunnyvale.

As mentioned in a prior post, 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, 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

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

One way in which SR Holguin, PC ensures our clients and their members stay informed is by keeping you updated on recent developments relating to workers’ rights. Today’s updates come following the release of the October 19, 2021 Los Angeles County Board of Supervisors meeting agenda. There is one item in particular that could impact you.

Workers Who Could be Impacted: Los Angeles County Employees

Agenda item 28: Service Employee International Union (SEIU) Fringe Benefits and Bargaining Units Represented by SEIU Local 721 and Coalition of County Unions Memoranda of Understanding (MOU). 

The County’s Chief Executive Officer sent a Letter to the Board entitled Memoranda of Understanding Extensions For SEIU Fringe Benefits, All Individual Bargaining Units Represented By SEIU Local 721, and for the Coalition of County Unions; and Related Bonus and Fringe Benefit Changes for Non-Represented Employees All Districts (4-Votes).”

The Letter provided in part, “[t]his Board letter seeks approval for negotiated labor agreements for the periods of July 1, 2021 – March 31, 2022 and October 1, 2021 – March 31, 2022 for the [Coalition of County Unions (CCU)] and SEIU, respectively. The terms of these agreements were made in consideration of uncertain economic projections for the County. 

Represented Employees [:] SEIU Local 721 Fringe Benefit MOU Amendment [:] We have concluded negotiations and are submitting an MOU extension for a six-month term from October 1, 2021 to March 31, 2022. This agreement and corresponding modifications to the County Code provide for changes in the contributions to the Options Cafeteria Plan, medical plan subsidies for part-time temporary and recurrent employees, and the addition of a new County holiday (Juneteenth). The County’s monthly cafeteria allowances and health insurance subsidies for full-time and eligible part-time employees represented by SEIU Local 721 will increase by two and one-half percent (2.5%) for 2022.

CCU Fringe Benefit MOU Amendment [:]We have concluded negotiations and are submitting an MOU extension for a nine-month term from July 1, 2021 to March 31, 2022. This agreement and corresponding modifications to the County Code provide for changes in the contributions to the Choices Cafeteria Plan, medical plan subsidies for qualified temporary/part-time employees, and the addition of a new County holiday (Juneteenth). The County’s monthly cafeteria allowances and health insurance subsidies for full-time and eligible part-time employees represented by the CCU will increase by two and one-half percent (2.5%) for 2022.

SEIU Local 721 Individual Bargaining Unit Amendments [:] We have reached an agreement with all of the individual bargaining units represented by SEIU Local 721. Therefore, we request your approval of all MOU amendments that provide for a six-month term from October 1, 2021 to March 31, 2022. 

Countywide One-time Bonus, COVID Appreciation Bonus, and DHS ‘Hero Pay’ [:] The CCU Fringe and SEIU MOU amendments provide that full-time represented employees will each receive a one-time payment of $1,000 ($500 for part-time). In addition, represented employees meeting specific eligibility criteria will be entitled to a $500 COVID Appreciation Pay, and DHS employees meeting eligibility criteria may qualify for an additional “Hero Pay” bonus up to $650.

Non-Represented Employees [:] In light of these agreements, it is appropriate to extend similar one-time payments, including DHS- specific Hero Pay, to full-time non-represented employees who meet the eligibility requirements. Finally, we are adjusting the dates of uniform allowances for non-represented safety employees to extend through 2021.”

Therefore, the Letter “recommend[s] that the board: 

1. Approve the accompanying Fringe Benefits MOU amendment with SEIU Local 721 for a six-month term ending on March 31, 2022. 

2. Approve the accompanying Fringe Benefit MOU amendment with CCU for a nine-month term ending on March 31, 2022. 

3. Approve related changes as set forth in the accompanying ordinance amending Title 5 – Personnel, and Title 6 – Salaries, of the Los Angeles County Code. 

4. Approve a countywide one-time bonus of $1,000 ($500 part-time) and an additional $500 COVID Appreciation Pay for qualifying employees as defined by the Chief Executive Officer. 

5. Authorize the DHS use of special funding for a ‘Hero Pay’ bonus for all qualifying DHS employees, up to a maximum of $650. 

6. Approve the accompanying ‘no change’ MOU extensions for a six-month term ending March 31, 2022, for the following SEIU Local 721 bargaining units: 

Unit 105 – Student Workers
Unit 111 – Clerical and Office Services Employees
Unit 112 – Supervising Clerical and Office Services Employees
Unit 121 – Administrative Technical and Staff Personnel
Unit 122 – Supervising Administrative Technical and Staff Personnel Unit 201 – Building Custodians and Services Employees
Unit 211 – Institutional Support Services Employees
Unit 221 – Paramedical Technical Employees
Unit 222 – Supervising Paramedical Health Employees
Unit 311 – Registered Nurse
Unit 312 – Supervising Registered Nurses
Unit 341 – Health Science Professional Employees
Unit 342 – Supervising Health Science Professional Employees
Unit 431 – Artisan and Blue Collar Employees
Unit 432 – Supervisory Artisan and Blue Collar Employees
Unit 711 – Social Workers
Unit 722 – Medical Social Workers
Unit 723 – Children’s Social Workers
Unit 729 – Health Financial Support Services
Unit 731 – Social Services Investigators
Unit 732 – Supervising Social Services Investigators
Unit 777 – Supervising Social Workers
Unit 811 – Librarians 

7. Instruct the Auditor-Controller to make all payroll system changes necessary to implement the recommendations contained herein.” 

Now, agenda item 28 of the October 19, 2021 Los Angeles County Board of Supervisors meeting agenda calls for the Board to consider the Letter’s recommendations, and agenda item 46 calls for the Board to consider the accompanying 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 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