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

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 1, 2021 Los Angeles City Council meeting agenda. There are three items in particular that could impact you.

1. Workers Who Could be Impacted: Los Angeles Department of Water and Power Employees and Contractors

On August 4, 2021, a Motion was introduced by Councilmembers Mitch O’Farrell (13th District) and Paul Krekorian (2nd District), and seconded by Councilmember Curren Price (9th District). 

The Motion provided in part, the “Department of Water and Power (DWP) is the largest municipally owned utility in the nation, with over 9,000 employees… A workforce and hiring plan should be created to prioritize the utilization of the LADWP workforce, by incorporating strong workforce standards for all aspects of project construction and maintenance envisioned within the LA100 study. This plan should guarantee the payment of prevailing wage, the inclusion of project-labor agreements, and policies which incorporate targeted hiring requirements from disadvantaged communities across the City…

Whichever path the City selects, over 9,500 jobs will be created as the City implements the LA100 study goals on energy generation, storage, transmission and reliable infrastructure. Existing partnerships between DWP and labor partners such as the Utility Pre-Craft Trainee (UPCT) program could be used as models for the DWP to consider, as it reports on the workforce hiring needs required to reach the goals of the LA100 study. A partnership with the International Brotherhood of Electrical Workers Local 18 (IBEW) program has provided on-the-job training and a pathway to permanent employment in the DWP to Los Angeles County residents. In addition to on the job training, the UPCT Program provides trainees with classroom training, civil service test preparation, and mentorship opportunities. Building on this and other programs, the DWP should work with the Personnel Department, CAO and CLA to report on a hiring plan that builds upon the work currently being done.” 

Therefore, the Motion calls for “the Department of Water and Power, with the assistance of the Personnel Department, City Administrative Officer, Chief Legislative Analyst, and labor partners, create a long term hiring and workforce plan that coincides with a pathway identified in the LA100 study, which focuses on ensuring project labor agreements, prevailing wage and targeted hiring requirements, and increases hiring from city neighborhoods in environmentally and economically disadvantaged communities. The plan should include the Department of Water and Power and contractor workforce that builds and maintains solar, wind, storage, transmission, and all other aspects needed to accomplish the LA100 clean energy grid goals.”

On August 19, 2021, the City Council’s Energy, Climate Change, Environmental Justice, and River Committee considered the Motion. The Committee’s Report provided in part, “[a]fter providing an opportunity for public comment, the Committee moved to approve the recommendation reflected above. This matter is now forwarded to the Council for its consideration.”

Now, agenda item 28 of the September 1, 2021 Los Angeles City Council meeting calls for the Council to consider the Motion. 

2. Workers Who Could be Impacted: City Of LA Non-Represented Civilian Full-Time, Half-Time, and Intermittent Employees

As discussed in a prior post, on February 24, 2021 the Council voted to approve a Paid Parental Time (PPT) Pilot Program for all non-DWP, civilian City employees comprised of 6 weeks (up to 240 hours) of 100% paid time, birthing and non-birthing parents eligible, from January 1, 2021, through June 30, 2025.

On June 11, 2021, the City Attorney sent a Report to the Council regarding the PPT Pilot Program Ordinance. The Report provided in part, “the enclosed draft ordinance…would amend Subdivision 1 of Subsection (i) of Section 4.129 of the Los Angeles Administrative Code pertaining to the paid parental time pilot program under the City’s family and medical leave benefit for non-represented employees to clarify the applicability of paid parental time for part-time employees.”

On June 30, 2021, the City Administrative Officer sent a Report to the Council regarding the PPT Pilot Program Ordinance. The Report provided in part, “[t]he ordinance submitted herein, which amends Subsection (i) of Los Angeles Administrative Code Section 4.129, clarifies the applicability of the Paid Parental Time pilot program to eligible part-time employees under the City’s Family and Medical Leave program for non-represented employees. As such, the language has been revised to reflect that non- represented civilian full-time, half-time, and intermittent, employees who experience a qualifying event are provided up to 240 hours of 100% paid time off for pregnancy disability and/or to bond with their new child during Family and Medical Leave.”

Therefore, the Report recommended “1. That the City Council, subject to the approval of the Mayor, adopt the attached ordinance, approved as to form and legality by the City Attorney, amending Subsection (i) of Los Angeles Administrative Code Section 4.129 to clarify the applicability of the Paid Parental Time pilot program to part-time, non-represented employees eligible for Family and Medical Leave; and 2. That the City Council authorize the Controller and the City Administrative Officer to correct any clerical errors, or, if approved by the City Attorney, any technical errors in the above ordinance.”

On August 4, 2021, the City Council’s Personnel, Audits, and Animal Welfare Committee considered the draft ordinance. The Committee’s Report provided in part, “[a]fter consideration and having provided an opportunity for public comment, the Committee moved to recommend approval of the recommendations.” 

On August 9, 20212, the City Council’s “Budget and Finance Committee also considered this matter and after having provided an opportunity for public comment, moved to concur with the [Council’s Personnel, Audits, and Animal Welfare] Committee. This matter is now submitted to Council for its consideration.”

Now, agenda item 34 of the September 1, 2021 Los Angeles City Council meeting calls for the Council to consider the draft ordinance. 

3. Workers Who Could be Impacted: City of LA Employees

On August 9, 2021, the City’s Personnel Department sent a Report to the Council entitled “Plan Year 2022 LAwell Civilian Benefits Program (LAwell Program) (Amended Report).” The Report provided in part, “[t]he Personnel Department administers the City’s LAwell Program for active City civilian employees and their qualified dependents in conjunction with the City’s Joint Labor Management Benefits Committee (JLMBC). The JLMBC is composed of five management and five labor representatives. The JLMBC was created…for the purpose of determining what plans were to be included in the benefits program, defining the structure of benefit plans, and recommending service providers to the General Manager Personnel Department. Currently, the LAwell Program covers approximately 26,000 employees and 32,000 dependents…

[T]he Los Angeles Administrative Code provides that the City Council authorize suitable employee benefit programs as recommended by the JLMBC and maintained by the Personnel Department. At its meeting on July 15, 2021, the JLMBC recommended adoption of the LAwell Program for Plan Year 2022. The purpose of this transmittal is to request that the City Council approve the JLMBC’s recommendation…In 2022, premium costs for the Kaiser plan will increase slightly, while premium costs for the Anthem plans will decrease. Outside of a small increase for the Employee and Family Assistance Program (EFAP), all other benefit provider premiums and rates are unchanged in 2022 compared to 2021 premiums and rates…

The LAwell Program contains a diverse array of benefit plans with multiple vendors providing benefit plans, wellness services, administrative services, consulting services, and federally required compliance services. The City’s diverse range of services creates opportunities for employees to customize their benefit needs in support of the health and well-being of themselves and their dependents.”

Therefore, the Report recommends “[t]hat the Council: 1. Approve the 2022 LAwell Civilian Benefits Program (LAwell Program) including the employee benefit plans, benefit plan premiums and rates, and program design features embodied therein; and, 2. Receive and file the Personnel Department transmittal dated July 20, 2021, relative to a request to approve the 2022 LAwell Program along with two recommendations for contract extensions with LAwell Program health plan providers Kaiser and Anthem, inasmuch as the requested actions are replaced by the first recommendation in this report dated August 9, 2021.”

On August 18, 2021, the City Council’s Personnel, Audits, and Animal Welfare Committee considered the Report. The Committee’s Report provided in part, “[a]fter consideration, the Committee Chair moved to recommend approval of the recommendations contained in the August 9, 2021 Personnel Department report and detailed in the above recommendations. This matter is now submitted to Council for its consideration.”

Now, agenda item 42 of the September 1, 2021 Los Angeles City Council meeting calls for the Council to consider the 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 August 31, 2021 Los Angeles City Council meeting agenda. There is one item in particular that could impact you.

Workers Who Could be Impacted: CommonSpirit/Dignity Health Security Officers

On August 6, 2021, a Resolution was introduced by Councilmembers Kevin de León (14th District), Curren Price (9th District), Bob Blumenfield (3rd District), Mitch O’Farrell (13th District), and Paul Koretz (5th District), and seconded by Councilmember Monica Rodriguez (7th District).

The Resolution provided in part, “Security Officers at CommonSpirit/Dignity Health are frontline protectors of its patients, workers, and the general public at the company’s facilities…CommonSpirit/Dignity Health Security Officers are far more vulnerable than their union coworkers due to more costly healthcare coverage that threaten working families and place undue burdens on the communities where they live…in response to these issues, the vast majority of Security Officers across Dignity Health have submitted union authorization cards to join SEIU-UHW…an employer may voluntarily recognize a bargaining unit comprised of both guards and nonguards and these mixed guard units are not certified under the purview of the [National Labor Relations Act (NLRA)].”

Therefore, the Resolution states, “the Los Angeles City Council supports the right of Security Officers at CommonSpirit/Dignity Health to form their union in SEIU-UHW or, at the very least, allow these Security Officers to hold a free and fair election so they can vote to form their union in SEIU-UHW.”

On August 18, 2021, the City Council’s Rules, Elections, and Intergovernmental Relations Committee considered the Resolution. The Committee’s Report provided in part, “[a]fter providing an opportunity for public comment, the Committee moved to approve the recommendation reflected above. This matter is now forwarded to the Council for its consideration.”

Now, agenda item 22 of the August 31, 2021 Los Angeles City Council meeting calls for the Council to consider the Resolution. 

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 August 18, 2021 Los Angeles City Council meeting agenda. There is one item in particular that could impact you.

Workers Who Could be Impacted: Independent Contractors and Freelancers in the City of LA

On January 26, 2021, a Motion was introduced by Councilmember Bob Blumenfield (3rd District) and seconded by Councilmember Kevin de León (14th District). 

The Motion provided in part, “[t]he City of Los Angeles has consistently championed its workers by adopting laws designed to protect workers’ rights and improve their socioeconomic status. For example, the City has adopted the Minimum Wage and the Living Wage Ordinances, the Citywide Motel Worker Minimum Wage Ordinance, the First Source Hiring Ordinance, and various Worker Retention Ordinances. The State of California has also championed its workers, including by adopting AB 5, which seeks to ensure that more workers are properly classified as employees, with all of the protections that status provides. 

However, workers who are not employees but who work as independent contractors or freelancers have received less attention and legal protection. The City should also take reasonable measures to ensure that these workers are treated fairly receive the compensation they are due… Freelance workers include independent contractors, part-time moonlighters, full-time seif-employed workers and others. Their work ranges from highly specialized professions in the tech, fashion and media industries to event planning, caregiving, housekeeping and more in the rapidly-expanding gig economy. Unfortunately, many of these independent workers struggle with nonpayment and delayed payment for work rendered.

In 2016, the City of New York enacted the ‘Freelance Isn’t Free Act,’ which requires written contracts for freelance work exceeding a specified amount that outline the scope of work, rate, method of payment, and the payment due date. In the absence of a written contract, the Act requires payment within 30 days. The Act provides a private right of action, including statutory penalties. The City of New York’s Office of Labor Policy and Standards is responsible for outreach and engagement; and has enforcement authority. The Act contains exclusions and limitations based on New York state law.

The City of Los Angeles should consider adopting similar legislation to protect its freelance workers. The purpose is not to determine whether workers should be classified as employees or freelancers, but rather to ensure that those who hire freelancers treat them fairly. Any local legislation should include exemptions and exclusions that may be required by State law, including Proposition 22, and take into account atypical industries whose freelance workers are protected by collective bargaining or similar agreements.”

Therefore, the Motion called for “the Council [to instruct] the Economic and Workforce Development Department, in consultation with Bureau of Contract Administration and the City Attorney, to report back with recommendations for a local Freelance Isn’t Free Act, including the appropriate scope of coverage, required or recommended exclusions based on State law or industry-specific considerations; and private and public enforcement mechanisms.”

On August 10, 2021, the City Council’s Economic Development and Jobs Committee met to discuss the Motion. The Committee’s Report stated in part, “[a]fter consideration and having provided an opportunity for public comment, the Committee moved to recommend approval of the Motion. This matter is now submitted to Council for its consideration.”

Now, agenda item 14 of the August 18, 2021 LA City Council meeting agenda calls for the Council to consider the Motion.

The Motion is supported by the National Writers Union and the Freelancers Union.

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 July 13, 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 Development Authority (LACDA) Employees

Agenda item 3-D: General Salary Adjustment and Memoranda of Understandings

The Executive Director of the Los Angeles County Development Authority (LACDA) sent a Letter to the Board of Supervisors entitled “Approve Two Memoranda of Understanding With The Laborers’ International Union Of North America Local 777 And A General Salary Adjustment.”

The Letter provided in part, “The LACDA has a total of 537 employees, comprised of 314 non-represented employees and 223 employees represented by the Laborers’ International Union of North America (LIUNA) in two bargaining units – the Maintenance Worker Unit and Program Specialist Unit. The existing Memorandum of Understanding with LIUNA expired on December 31, 2020. The LACDA has been actively engaged in negotiations with LIUNA to secure a successor MOU for both bargaining units for the 2021 calendar year and recently secured a tentative agreement pending ratification by membership. The General Salary Adjustment (GSA) will be applied to all represented and non-represented LACDA employees… The GSA is proposed for implementation as a single 2% adjustment retroactive to January 1, 2021.”

Therefore, the Letter “recommends approval of two one-year Memoranda of Understanding (MOUs) between the Los Angeles County Development Authority (LACDA) and the Laborers’ International Union of North America Local 777 (LIUNA), and a General Salary Adjustment (GSA) for all employees.” 

Specifically, the Letter “recommend[s] that the board: 1. Approve and authorize the Executive Director or his designee to execute, and if necessary, amend two one-year MOUs between the LACDA and LIUNA for both the Maintenance Worker and Program Specialist bargaining units, to be effective January 1, 2021 through December 31, 2021. 2. Approve a GSA of two percent (2%) to the LACDA’s Salary Schedule to be applied to all represented and non-represented employees effective January 1, 2021.”

Now, agenda item 3-D of the July 13, 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 July 1, 2021 Unincorporated Los Angeles County Minimum Wage Increase.

Workers Who Could be Impacted: Workers Throughout Unincorporated LA County

On July 1, 2021, Unincorporated Los Angeles County’s minimum wage increased to $15 per hour. This applies to employees who perform at least two hours of work in a particular week within unincorporated areas of Los Angeles County regardless of immigration or work status and regardless of the size of the employer. 

In 2015, the LA County Board of Supervisors passed an Ordinance codified as LA County Code of Ordinances Chapter 8.100 that progressively increases the minimum wage in Unincorporated LA County annually. 

Going forward, pursuant to the Ordinance, “[b]eginning on July 1, 2022, the minimum wage will increase annually based on the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) for the Los Angeles metropolitan area (Los Angeles-Riverside-Orange County, CA), which is published by the Bureau of Labor Statistics. Beginning in 2022, and continuing each year thereafter, on January 1 the CEO shall determine the adjusted rates which shall take effect on July 1 of that year and publish a bulletin announcing the adjusted rates.”

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 June 17, 2021 California Division of Occupational Safety and Health (Cal/OSHA) Occupational Safety and Health Standards Board (OSHSB) meeting. There is one item in particular that could impact you.

Workers Who Could be Impacted: Workers Throughout California

The OSHSB, is “a seven-member body appointed by the Governor, [and] is the standards-setting agency within the Cal/OSHA program. The Standards Board’s objective is to adopt reasonable and enforceable standards at least as effective as federal standards. The Standards Board also has the responsibility to grant or deny applications for variances from adopted standards and respond to petitions for new or revised standards.”

As discussed in a prior post, at its November 19, 2020 meeting Cal/OSHA’s OSHSB “unanimously adopted Emergency Temporary Standards to protect workers from hazards related to COVID-19…The temporary standards apply to most workers in California not covered by Cal/OSHA’s Aerosol Transmissible Diseases standard.

At its June 17, 2021 meeting, OSHSB “adopted revisions to the COVID-19 Prevention Emergency Temporary Standards that account for recent guidance from the California Department of Public Health based on increases in the number of people vaccinated…

The revisions include the following:

  • Fully vaccinated employees do not need to be offered testing or excluded from work after close contact unless they have COVID-19 symptoms.
  • Fully vaccinated employees do not need to wear face coverings except for certain situations during outbreaks and in settings where CDPH requires all persons to wear them. Employers must document the vaccination status of fully vaccinated employees if they do not wear face coverings indoors.
  • Employees are not required to wear face coverings when outdoors regardless of vaccination status except for certain employees during outbreaks.
  • Employees are explicitly allowed to wear a face covering without fear of retaliation from employers.
  • Physical distancing requirements have been eliminated except where an employer determines there is a hazard and for certain employees during major outbreaks.
  • Employees who are not fully vaccinated may request respirators for voluntary use from their employers at no cost and without fear of retaliation from their employers.
  • Employees who are not fully vaccinated and exhibit COVID-19 symptoms must be offered testing by their employer.
  • Employer-provided housing and transportation are exempt from the regulations where all employees are fully vaccinated.
  • Employers must review the Interim guidance for Ventilation, Filtration, and Air Quality in Indoor Environments.
  • Employers must evaluate ventilation systems to maximize outdoor air and increase filtration efficiency, and evaluate the use of additional air cleaning systems.”

“Governor Gavin Newsom…signed an Executive Order enabling the revisions to take effect without the normal 10-day review period by the Office of Administrative Law…The revised standards took effect today.”

We hope these updates are helpful to you.

Fraternally,

SR Holguin, PC