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

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 May 26, 2021 Los Angeles City Council meeting agenda. There are three items in particular that could impact you.

  1. Workers Who Could be Impacted: Non-Represented Airport Police Classes

On May 7, 2021 the City Administrative Officer sent a Report to the City Council entitled “Postponement of Salary Increases For Non-Represented Airport Police Classes – Amendment to Ordinance No. 186937.”

The Report provided in part, “[t]he ordinance submitted…amends Ordinance No. 186937 to provide revised salary increase dates for the non-represented classes of Airport Police Commander (Code 3233), Assistant Airport Police Chief (Code 3234), and Airport Police Chief (Code 3232) to be consistent with the revised dates approved by the City Council for postponing salary increases for the City’s non-represented classes…The revised dates are as follows:

Previous Date             Revised Date

January 31, 2021         June 19, 2022

January 30, 2022         January 29, 2023

June 19, 2022              June 18, 2023.”

Therefore, the Report calls for “the following actions by the City Council and Mayor:

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 Ordinance No. 186937, to postpone previously scheduled salary increases for the non-represented classes of Airport Police Commander (Code 3233), Assistant Airport Police Chief (Code 3234), and Airport Police Chief (Code 3232); 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 May 10, 2021, the City Council’s Personnel, Audits, and Animal Welfare Committee considered the ordinance. 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 recommendations contained in the CAO report. This matter is now submitted to Council for its consideration.”

Now, agenda item 21 of the May 26, 2021 Los Angeles City Council meeting agenda calls for the Council to consider the ordinance. 

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

On May 5, 2021, the Personnel Department sent a Report to the Council entitled “Modification of Prior Council Action Approving a Letter of Agreement Modifying the Special Memorandum of Understanding on Commute Options and Parking – City Employee Parking and Temporary Suspension of Parking Fees.”

The Report provided in part, “[o]n February 23, 2021, the City Council approved an LOA to the City’s Special Memorandum of Understanding on Commute Options and Parking (Special MOU) regarding terms and conditions for temporarily suspending employee parking fees for six pay periods.” This was discussed in a prior post on this site.

The Report went on to state “[t]he LOA applies to all City employees and labor organizations covered by the Special MOU. However, the wording of the action as adopted by the City Council appeared to limit the application of the LOA to only four of the City’s labor organizations, as follows:

February 23, 2021 City Council Action…:

A[pprove] the proposed LOA, attached to the Council file, modifying the Special Memorandum of Understanding on Commute Options and Parking, providing terms and conditions for temporarily suspending employee parking fees for six pay periods with the following entities:

a. American Federation of State, County and Municipal Employees

b. Laborers’ International Union of North America

c. Los Angeles Police Command Officers Association

d. Service Employees International Union, Local 721

The Personnel Department did not note the inconsistency between the language of the action and the terms and intention of the LOA until after City Council had acted. As a result, in order to provide that the record of the City Council action is fully aligned with the terms and intention of the LOA, the Personnel Department recommends that the City Council, for the record, modify its prior action as follows:

‘Approve a proposed Letter of Agreement (LOA) modifying the Special Memorandum of Understanding on Commute Options and Parking, providing terms and conditions for temporarily suspending employee parking fees for six pay periods.’

Upon modification of the City Council action, the Personnel Department will move immediately to implement the parking fee suspension.”

Therefore, the Report calls for the City Council to “modify its prior action approving a Letter of Agreement (LOA) to the Special Memorandum of Understanding on Commute Options and Parking regarding terms and conditions for temporarily suspending employee parking fees for six pay periods.”

The City Council’s Personnel, Audits, and Animal Welfare Committee waived consideration of the Report. 

Now, agenda item 30 of the May 26, 2021 Los Angeles City Council meeting agenda calls for the Council to consider the Report. 

3. Workers Who Could be Impacted: Workers Throughout the City of LA

On April 28, 2021, a Motion was introduced by Councilmember Paul Koretz (5th District) and seconded by six other Councilmembers. The Motion provided in part, “[r]ecently, Governor Newsom announced the goal of fully re-opening the State’s economy by June 15, 2021. While the State has made important strides in getting individuals vaccinated, it is clear that more should be done. High need communities, including essential workers, still face barriers to vaccine access due to a lack of transportation options, work obligations, and disruptions to vaccine deployment. Additionally, many vulnerable residents, especially essential workers, may have already exhausted the existing 80-hour benefit due to either prior infection or exposure to COVID-19, and thus lack the necessary hours to take time off work to get vaccinated. Therefore, the City must take additional actions to further support individuals to complete the vaccination process.”

Therefore, the Motion calls for “the City Council request the Mayor to revise the Emergency Order relative to Supplemental Paid Sick Leave Due to COVID-19 to include provisions to grant all employees employed by private businesses/entities located in the City of Los Angeles, irrespective of the size of their employer, up to an additional four hours of paid leave per injection to receive the COVID-19 vaccine, as well as paid time off for any vaccine related side effects.”

The City Council’s Ad Hoc Committee on COVID-19 Recovery and Neighborhood Investment waived consideration of the Motion. 

Now, agenda item 34 of the May 26, 2021 Los Angeles City Council meeting agenda calls for the Council to consider the Motion. 

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 May 18, 2021 Los Angeles County Board of Supervisors meeting agenda and supplemental agenda. There is one item in particular that could impact you.

Workers Who Could be Impacted: Workers Throughout Unincorporated LA County

Agenda item 8: Expanding Vaccine Access through Employee Paid Leave; and 

Agenda item 52: County Code, Title 8 – Consumer Protection, Business and Wage Regulations Amendment

As discussed in a prior post a Motion was introduced at the April 20, 2021 LA County Board of Supervisors that directed “relevant [LA County] Departments, to report back prior to the…Board of Supervisors…with…Proposed Urgency Ordinance language that…[g]rants all employees in private businesses/entities located in the unincorporated areas of the County up to an additional four hours of excused paid leave per injection to receive the COVID-19 vaccine.”

At the May 18, 2021 meeting, a Motion will be introduced by Chair Hilda Solis (1st District) and Supervisor Sheila Kuehl (3rd District). The Motion provides in part, “[i]n workplaces across the County, many employees lack the financial means to take the necessary time off from work to access the vaccine. This is especially true for low wage and essential workers…It is clear that more must be done to remove barriers to access for workers across the County, especially our essential workers…workers must not be forced to decide between a paycheck and taking the necessary steps to safeguard their own wellbeing and the public health. To that end, it is critical that all workers have access to additional paid leave benefits to get vaccinated.”

Therefore, the Motion calls for “the Board of Supervisors approve the attached urgency Ordinance to add Chapter 8.205 (Employee Paid Leave for Expanded Vaccine Access) to Division 5 – (COVID-19 Worker Protections) of Title 8 – (Consumer Protection, Business and Wage Regulations) of the Los Angeles County Municipal Code, to establish paid leave for employees in unincorporated areas of Los Angeles County to receive the COVID-19 vaccine.”

According to the Ordinance Analysis prepared by the County Counsel, the ordinance “require[s] private employers in the unincorporated areas of the County to provide paid leave for employees to receive COVID-19 vaccine injections…This ordinance is an urgency measure that will take immediate effect upon its approval by at least a four-fifths vote of the Board of Supervisors.”

Now, agenda items 8 and 52 of the May 18, 2021 Los Angeles County Board of Supervisors meeting calls for the Board to consider the 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 ahead of the May 1, 2021 legalization of public sector collective bargaining in Virginia.

Workers Who Could be Impacted: Public Sector Workers Throughout Virginia

In 1977, the Supreme Court of Virginia ruled in Commonwealth of Virginia v. County Board of Arlington County, Et al. that public employee bargaining was impermissible absent express statutory authority. In 1993, the Virginia General Assembly codified this ruling. 

The 1993 law, chaptered as Code of Virginia Table Title 40.1 Chapter 4 Article 2.1 § 40.1-57.2. states, “[n]o state, county, municipal, or like governmental officer, agent or governing body is vested with or possesses any authority to recognize any labor union or other employee association as a bargaining agent of any public officers or employees, or to collectively bargain or enter into any collective bargaining contract with any such union or association or its agents with respect to any matter relating to them or their employment or service.”

On April 22, 2020, the Virginia General Assembly passed SB 939 and its sister bill HB 582. Virginia Governor Ralph Northam then signed both bills into law. The bills replace the language in Title 40.1 Chapter 4 Article 2.1 § 40.1-57.2 to allow counties, cites, or towns in Virginia to grant authority to recognize a labor union or other employee association as a bargaining agent of public officers or employees, and to collectively bargain with such a union or association.

The new text of Title 40.1 Chapter 4 Article 2.1 § 40.1-57.2, effective May 1, 2021, provides, 

“A. No state, county, city, town, or like governmental officer, agent, or governing body is vested with or possesses any authority to recognize any labor union or other employee association as a bargaining agent of any public officers or employees, or to collectively bargain or enter into any collective bargaining contract with any such union or association or its agents with respect to any matter relating to them or their employment or service unless, in the case of a county, city, or town, such authority is provided for or permitted by a local ordinance or by a resolution. Any such ordinance or resolution shall provide for procedures for the certification and decertification of exclusive bargaining representatives, including reasonable public notice and opportunity for labor organizations to intervene in the process for designating an exclusive representative of a bargaining unit. As used in this section, ‘county, city, or town’ includes any local school board, and “public officers or employees” includes employees of a local school board.

B. No ordinance or resolution adopted pursuant to subsection A shall include provisions that restrict the governing body’s authority to establish the budget or appropriate funds.

C. For any governing body of a county, city, or town that has not adopted an ordinance or resolution providing for collective bargaining, such governing body shall, within 120 days of receiving certification from a majority of public employees in a unit considered by such employees to be appropriate for the purposes of collective bargaining, take a vote to adopt or not adopt an ordinance or resolution to provide for collective bargaining by such public employees and any other public employees deemed appropriate by the governing body. Nothing in this subsection shall require any governing body to adopt an ordinance or resolution authorizing collective bargaining.

D. Notwithstanding the provisions of subsection A regarding a local ordinance or resolution granting or permitting collective bargaining, no officer elected pursuant to Article VII, Section 4 of the Constitution of Virginia or any employee of such officer is vested with or possesses any authority to recognize any labor union or other employee association as a bargaining agent of any public officers or employees, or to collectively bargain or enter into any collective bargaining contract with any such union or association or its agents, with respect to any matter relating to them or their employment or service.”

On April 17, 2021, the City of Alexandria, Virginia adopted such an ordinance to “establish collective bargaining between the City and certain City 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 April 20, 2021 Los Angeles County Board of Supervisors meeting agenda and supplemental agenda. There is one item in particular that could impact you.

Workers Who Could be Impacted: Workers Throughout Unincorporated LA County

Supplemental Agenda Item 43-G “Employee Paid Leave for Expanded Vaccine Access”

A Motion will be introduced by Chair Hilda Solis (1st District) and Supervisor Sheila Kuehl (3rd District). The Motion provides in part, “As eligibility for the COVID-19 vaccine expands and supplies coming into Los Angeles County increase, it is critical that barriers to vaccine access are removed to ensure an effective and equitable response… In workplaces across the County, many employees lack the financial means to take the necessary time off from work to access the vaccine. This is especially true for low wage and essential workers…It is clear that more must be done to remove barriers to access for workers across the County, especially our essential workers.

Opportunities for vaccines to come to workplaces must expand, but workers must also have a greater ability to access vaccination sites. Furthermore, workers must not be forced to decide between a paycheck and taking the necessary steps to safeguard their own wellbeing and the public health. To that end, it is critical that all workers have access to additional paid leave benefits to get vaccinated…

California law, SB 95…requir[es] all employers with 25 or more employees to provide 80 hours of COVID-19 related sick leave for full-time employees, and for part-time employees, hours to cover the normal schedule that employee would work over two weeks. Though this covers vaccine-related time, many of our most vulnerable residents, especially our essential workers, may have already exhausted the existing 80-hour benefit due to either prior infection or exposure to COVID-19, and thus lack the necessary hours to take time off work to get vaccinated. To that end, it is important that workers be provided additional paid leave receive their vaccine…”

Therefore, the Motion calls for “the Board of Supervisors [to] direct County Counsel, in consultation with relevant Departments, to report back prior to the May 4, 2021 Board of Supervisors meeting with the following: 

1. Proposed Urgency Ordinance language that: 

a. Grants all employees in private businesses/entities located in the unincorporated areas of the County up to an additional four hours of excused paid leave per injection to receive the COVID-19 vaccine; 

b. Ensures that the leave of absence is granted at the employee’s regular rate of pay and shall not be charged against any other leave an employee is entitled to, including paid sick leave; 

c. Provides up to four hours of retroactive pay per injection for employees who received the vaccine during work time since January 1, 2021; 

d. Prohibits retaliatory action against any employee who exercises rights afforded under this proposed ordinance; and 

e. Submit the recommended Urgency Ordinance for Board consideration within 14 days. 

2. A memorandum that advises the Board as to whether such an Urgency Ordinance can apply to all private employees in the unincorporated areas of Los Angeles County.”

Now, agenda item 43-G of the April 20, 2021 Los Angeles County Board of Supervisors meeting calls for the Board to consider the Motion. 

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 Governor Gavin Newsom’s signing of Senate Bill (SB) 93.

Workers Who Could be Impacted: Workers Throughout California in the Hospitality and Business Services Industries, Including Hotels, Airports, and Large Event Centers

On December 16, 2020, SB 93, entitled “Employment: rehiring and retention: displaced workers: COVID-19 pandemic” was introduced in the California State Senate by its lead authors, the Senate Committee on Budget and Fiscal Review.

The Legislative Counsel’s Digest of SB 93 provides in part, “[t]his bill would, until December 31, 2024, require an employer…to offer its laid-off employees specified information about job positions that become available for which the laid-off employees are qualified, and to offer positions to those laid-off employees based on a preference system…The bill would define the term ‘laid-off employee’ to mean any employee who was employed by the employer for 6 months or more in the 12 months preceding January 1, 2020, and whose most recent separation from active service was due to a reason related to the COVID-19 pandemic, including a public health directive, government shutdown order, lack of business, a reduction in force, or other economic, nondisciplinary reason related to the COVID-19 pandemic. The bill would require an employer to keep records for 3 years, including records of communications regarding the offers. The bill would require an employer that declines to recall a laid-off employee on the grounds of lack of qualifications and instead hires someone other than a laid-off employee to provide the laid-off employee a written notice within 30 days including specified reasons for the decision, and other information on those hired.

This bill would, until December 31, 2024, prohibit an employer from refusing to employ, terminating, reducing compensation, or taking other adverse action against any laid-off employee for seeking to enforce their rights under these provisions. The bill would establish specified methods by which these provisions may be enforced, including authorizing an employee to file a complaint with the Division of Labor Standards Enforcement against the employer for specified relief, including hiring and reinstatement rights and awarding of back pay, as well as a civil penalty. The bill would authorize the Division of Labor Standards Enforcement to promulgate and enforce rules and regulations, and issue determinations and interpretations concerning these provisions…

This bill would declare that it is to take effect immediately…”

On January 21, 2021 SB 93 passed the California State Senate. On April 12, 2012 SB 93 passed the California State Assembly. On April 15, 2021 the Senate concurred with the Assembly’s amendments, and the Bill was presented to the Governor. 

On April 16, 2021 Governor Gavin Newsom signed SB 93 into law and it took immediate effect. 

We hope these updates are helpful to you.

Fraternally,

SR Holguin, PC