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 actions by the Los Angeles City Council and the California State Legislature regarding requiring employers to report cases of Coronavirus Disease 2019 (COVID-19).

1. Workers Who Could Be Impacted: Workers Throughout the City of Los Angeles

At the August 5, 2020 Los Angeles City Council meeting, a Motion was introduced meeting by Councilmember Herb Wesson, Jr. (10th District) and seconded by Council President Nury Martinez (6th District). The motion provides “the City is currently engaging in a reopening of its economy with many Angelinos returning to their daily recreational activities, and even more residents returning to the workplaces. It is critical that City is prepared to quickly track and monitor the spread of COVID-19 in its workplaces in order to assess the need for testing and other resources for specific industries and geographic areas.” 

As such, the motion requests “that 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 referred to the City Council’s Ad Hoc Committee on COVID-19 Recovery and Neighborhood Investment.

2. Workers Who Could Be Impacted: Workers Throughout California 

Similarly, AB 685 entitled “Occupational safety: COVID-19 exposure: notification” is a California State Assembly Bill (AB) authored by Assemblymember Eloise Gómez Reyes (47th District- Grand Terrace). 

AB 685 originally dealt with providing legal services to Indian tribes in child welfare matters, but was gutted and amended in the California State Senate. A gut and amend occurs “when amendments to a bill remove the current contents in their entirety and replace them with different provisions.”

Following the gut and amend, the “bill would require a public or private employer to provide specified notifications to its employees, the Division of Occupational Safety and Health, and the State Department of Public Health, relating to the exposure of its employees to COVID-19 that the employer knew of or should have reasonably have known of…The bill would make it a misdemeanor if an employer violates the notification requirements of these provisions…”

The Bill was referred to the Senate Committee on Appropriations where it will be heard on August 13, 2020

We hope these updates are helpful to you.

Fraternally,

SR Holguin, PC

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