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