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 July 21, 2020 Los Angeles County Board of Supervisors agenda. There are two items in particular that could impact you.
1. Workers Who Could Be Impacted: Workers in Los Angeles County
Agenda Item Number 10: “Expanding the Monitoring of Compliance with County Health Officer Orders in the Workplace to Slow COVID-19 Transmission.”
A Motion will be introduced by Supervisor Sheila Kuehl (3rd District) and Supervisor Mark Ridley-Thomas (2nd District). The motion states “Workplace and community transmission have been significant factors contributing to the spread of COVID-19 in communities across the region. As more businesses across economic sectors have re-opened, the risk of infection has increased. While many businesses have been diligent in their efforts to comply with public health requirements, many others have not. This creates a public health risk not only for the businesses’ employees and customers but for the communities in which the businesses are located and in which their customers and employees live…Though they are often at high risk for exposure, workers are often hesitant to report any workplace violations of [Health Officer Orders (HOOs)] to their employer for fear of retaliation.”
As such, the motion would require County Departments “to consult with labor representatives, worker advocates, and business community representatives, and report back to the Board in 14 days on opportunities for monitoring compliance with County HOOs and include the feasibility of establishing a mechanism by which employees at workplaces across sectors throughout the County can quickly notify [the Los Angeles County Department of Public Health (DPH)] about possible violations of County HOOs and guidelines.”
The plan must include “1. Ensuring that employers county-wide allow the establishment of public health councils comprised of employees at their worksites…Employees must be allowed to form public health councils without retaliation by their employer. [and] 2. Providing for the certification of third party worker and community based organizations that can serve as the intermediary between the public health councils and the DPH.”
2. Workers Who Could Be Impacted: Food Delivery Platform Workers in Los Angeles County
Agenda Item Number 17: “Protecting Food Delivery Platform Workers and the Requirement of a Food Handler Certification Card to Operate in Los Angeles County.”
A Motion will be introduced by Chair Pro Tem Hilda Solis (1st District) and Supervisor Sheila Kuehl (3rd District). The motion states “Food delivery network companies, such as Instacart & Uber Eats, are essential businesses operating in Los Angeles County during the pandemic and rely on business models that hire gig workers as independent contractors…Gig workers are essential workers who perform services on the frontlines of this devastating pandemic by making deliveries while working in hazardous situations…Currently, there is no safe food handling training required for food delivery drivers to operate in Los Angeles County.”
As such, the motion would require that County Departments “after considering feedback from labor and business representatives, report back prior to the August 4th Board of Supervisors [meeting] on requiring Food Delivery Network Companies and their drivers to obtain a food handler certification to operate in Los Angeles County. The Draft Ordinance, at a minimum, should…Assess the availability of food handler [American National Standard Institute] accredited certification courses, their cost, and the best practices/benefits of the certificate’s safe food handling, employee health impacts, and their emphasis on cleaning and sanitizing.”
We hope these updates are helpful to you.
Fraternally,
SR Holguin, PC
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