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 February 23, 2021 Los Angeles City Council meeting agenda. There is one item in particular that could impact you.

Workers Who Could be Impacted: American Federation of State, County and Municipal Employees;  Laborers’ International Union of North America; Los Angeles Police Command Officers Association; Service Employees International Union, Local 721

On January 7, 2021, City of Los Angeles Personnel Department sent a Report to the City Council entitled “Proposed 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 “[t]he City offers a variety of transportation benefits to eligible employees through what the Personnel Department has branded the COMMUTEwell Program. Transportation benefits include ridesharing programs as well as City-sponsored parking. Transportation benefits are established within the City’s Special Memorandum of Understanding on Commute Options and Parking (‘Special Parking MOU’) and overseen by the City’s Joint Labor-Management Committee on Commute Options and Parking (JLMC-COP)…

On March 12, 2020, in response to the COVID-19 pandemic, Los Angeles Mayor Garcetti issued Citywide COVID-19 guidelines to protect the City workforce while ensuring continuity of operations…Consequently, to maintain continuity of City department operations, on March 18, 2020, [the General Services Department (GSD)] implemented a temporary parking policy allowing City employees to park at the LA Mall and City Hall East garages without parking permits. The policy was subsequently extended to the Piper Tech and Marvin Braude Building garages. This temporary parking policy is in effect until further notice and is on a first come, first served basis. GSD monitors all parking levels daily to ensure there are spaces to accommodate employees with permits. Occupancy varies daily based on days off, employees telecommuting, and departments’ staffing in response to COVID-19…

In accordance with the Special Parking MOU that establishes parking permit priorities and authorizes the issuance of such permits under certain conditions, City employees with parking permits pay a parking fee that is deducted from their paycheck on a biweekly basis. To support COVID-19 safety measures, many City employees are currently telecommuting and not utilizing their parking permit but continue to have a parking fee deducted from their paycheck. Due to GSD’s temporary parking policy allowing City employees to park at City parking facilities at no cost during the period of the Safer at Home Emergency Order, many City employees who currently have a biweekly parking payroll deduction have raised concerns regarding paying for parking they are currently not using and which is currently being provided to others at no cost. Many of these employees have requested that parking payroll deductions be suspended or that a refund be issued for parking fees that were paid while telecommuting…

[T]here is no provision in the Special Parking MOU providing the ability to temporarily stop or refund City employees for not using their parking permits due to an emergency situation such as that posed by the COVID-19 pandemic. However, the unusual circumstances created by the prolonged emergency response to COVID-19 (with respect to accessing certain City parking facilities at the same time parking permit rules and costs remain in effect) suggests that interim options be taken.”

Therefore, the JLMC-COP’s proposed Letter of Agreement (LOA)  recommends: (1) Suspension of parking fees for parking deduction payroll codes for six consecutive pay periods (not including no-deduction paychecks) beginning as soon as administratively practical. (2) Review of the status of the parking fee suspension by the JLMC-COP within approximately sixty days from the effective start date of the suspension. (3) An option to extend the parking fee suspension for an additional period of time upon further action by the JLMC-COP.”

On February 17, 2021, the City Council’s Personnel, Audits, and Animal Welfare Committee considered the Report. 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 LOA. This matter is now submitted to Council for its consideration.”

Now, agenda item 17 of the February 23, 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 February 23, 2021 Los Angeles County Board of Supervisors meeting agenda. There is one item in particular that could impact you.

Workers Who Could Be Impacted: Grocery Retail and Drug Retail Workers in Unincorporated LA County

Agenda items 10 and 36 “‘Hero Pay’ for Frontline-Grocery Workers and Drug Retailers in Los Angeles County”

As discussed in a prior post, On January 5, 2021, a Motion was introduced by Chair Hilda Solia (1st District) and Chair Pro Tem Holly Mitchell (2nd District) that called for a “written report that…Contains a proposed Urgency Ordinance that, among other things…Requires that stores located in the unincorporated areas of the County of Los Angeles, that are covered by Appendix B-1 of the County of Los Angeles Department of Public Health Targeted Temporary Safer at Home Health Officer Order, and are publicly traded or have at least 300 employees nationwide and more than 10 employees per store site pay all of their workers an additional five (5) dollars per hour in wages.”

Now, a Motion will be introduced to approve the Ordinance. The Motion reiterates “[g]rocery and drug retail workers are among the heroes of this pandemic, putting their lives on the line – often for low wages and minimal benefits- in order to sustain our food system and maintain healthy communities. Despite their importance to our communities, their employers have not provided sufficient family-sustaining wages and ‘Hero Pay’ during the recent surge of COVID-19 cases. It is imperative for this Board to act with urgency to support these workers to be justly compensated for the unprecedented risks they encounter on the job during this pandemic and require their employers to provide for ‘Hero Pay.’”

Therefore, the Motion calls for “the Board of Supervisors [to] approve the attached urgency Ordinance to amend Title 8 – Consumer Protection, Business, & Wage Regulations of Los Angeles County, to require grocery retail and drug retail employers to provide an additional $5 per hour hazard pay to employees working frontline positions as compensation for the hazards these employees face during the COVID-19 pandemic.”

The Motion also calls for “the Board of Supervisors [to] direct the Department of Consumer & Business Affairs, in consultation with the Workforce, Development, Aging, & Community Services (WDACS), to report to the Board of Supervisors within 90 days of the date of adoption on the effectiveness of the provisions of the Ordinance, recommendations for additional provisions that further the intent of the Ordinance including workforce development opportunities, and whether the provisions of the Ordinance are still necessary based on the County’s recovery from the impacts of the COVID-19 pandemic.”

According to an Analysis of the Ordinance completed by the County Counsel, “[t]his 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.”

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 February 9, 2021 LA City Council special meeting revised agenda. There are 11 items in particular that could impact you.

1. Workers Who Could be Impacted: City of LA Non-Represented Classifications and General Managers

On January 28, 2021, the City Administrative Officer (CAO) sent a Report to the City Council entitled “Postponement of Salary Increases for Non-Represented Employees and General Managers.”

The Report provided in part “[c]onsistent with pre-existing City Council policy…salary adjustments approved for employees represented by the Engineers and Architects Association (EAA) shall be applied to non-represented employees in commensurate classes. Recently, the City and the EAA reached agreement to postpone future scheduled salary increases in recognition of the City’s financial situation stemming from the COVID-19 pandemic’s induced economic downturn. In addition, on January 8, 2021, the Executive Employee Relations Committee (EERC) directed that the same postponed salary adjustment schedule apply to the City’s non-represented general managers.”

Therefore, the Report recommended “1. [t]hat the City Council, subject to the approval of the Mayor, adopt the attached ordinance…to postpone previously scheduled salary increases for non-represented employees and general managers; 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 ordinances.”

On February 1, 2021, the Los Angeles City Attorney sent a Letter to the City Council. The Letter provided in part, “[t]his Office has prepared…[a] draft ordinance [that] would amend…the Los Angeles Administrative Code, to postpone salary increases of non-represented classifications scheduled for January 31, 2021, January 30, 2022, and June 19, 2022, to the dates of June 19, 2022, January 29, 2023, and June 18, 2023, respectively….the draft ordinance was sent…to the City Administrative Officer (CAO). The CAO recommends adoption of the draft ordinance.”

On February 3, 2021, the City Council’s Personnel, Audits, and Animal Welfare Committee considered the Report and 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 Ordinance…This matter is now submitted to Council for its consideration.”

Now, agenda item 3 of the February 9, 2021 Los Angeles City Council special meeting calls for the Council to consider the Report and Ordinance. 

2. Workers Who Could be Impacted: Engineers and Architects Association (EAA) Memoranda of Understanding 1, 19, 20, and 21

On January 29, 2021, the CAO sent a Report to the City Council entitled “2019-2023 Amendment to Memoranda Of Understanding (MOUs) for the Engineers And Architects Association – MOUs 1, 19, 20, and 21.”

The Report provided in part “[i]n accordance with Executive Employee Relations Committee instructions, agreement has been reached with the Engineers and Architects Association (EAA) on an extension to the 2019-2022 MOUs for the bargaining units…: MOU 1 – Administrative Unit, MOU 19 – Supervisory Technical Unit, MOU 20 – Supervisory Administrative Unit, MOU 21 – Technical Unit. All of the MOUs were ratified by the bargaining unit members. The…MOUs include an 18-month extension of the expiration date from June 30, 2022 to December 31, 2023.”

The key provisions of the agreement include:

“Salary Deferrals: The 2% salary adjustment scheduled for January 31, 2021, shall be deferred to June 19, 2022. The 2% salary adjustment scheduled for January 30, 2022, shall be deferred to January 29, 2023. The 1.5% salary adjustment scheduled for June 19, 2022, shall be deferred to June 18, 2023. 

Unpaid Days – In addition to the two previously agreed upon unpaid days (November 3, 2020 and April 2, 2021), two (2) additional unpaid days in Fiscal Year 2020/2021 shall be taken on February 12, 2021 and May 28, 2021. 

Furloughs – No furloughs will be implemented during Fiscal Year 2020/2021. Further, the parties agree to meet and confer on furloughs before implementation of furloughs in any other years during the term of this MOU. 

Layoffs – No layoffs will be implemented during Fiscal Year 2020/2021. 

Salary Reopener – Parties agree to reopen on salaries only no earlier than January 1, 2022. 

Maximum Accumulation of Overtime – During the term of this MOU, the maximum accumulation of overtime is increased to 240 hours. 

Personal Leave – Effective February 28, 2021, each unit member shall, in addition to all other compensatory time, receive 40 hours per calendar year as personal leave.”

The agreement also includes “a special adjustment for the Paralegal classification as well as an amendment to the salary notes to address salary compaction and overtime issues.”

Therefore, the Report recommended “that the City Council: 1. Approve the attached 2019-2023 MOUs for bargaining units 1,19, 20, and 21; and 2. Authorize the Controller and the CAO to correct any clerical errors in the MOU, or make necessary technical corrections subsequent to City Council approval.”

On February 3, 2021, the City Council’s Personnel, Audits, and Animal Welfare Committee considered the Report. The Committee’s Report provided in part “[a]fter further consideration and having provided an opportunity for public comment, the Committee moved to recommend approval of the MOUs as detailed in the CAO report and the above recommendations. This matter is now submitted to Council for its consideration.”

Now, agenda item 18 of the February 9, 2021 Los Angeles City Council special meeting calls for the Council to consider the agreement. 

3. Workers Who Could be Impacted: City of LA Management Employees Representation Unit (MOU 36)

On December 18, 2020, the CAO sent a Report to the City Council entitled “Amendment No. 1 to the Memorandum of Understanding for the Management Employees Unit (MOU No. 36).”

The Report provided in part “[a]t its meeting on October 28, 2020, the Executive Employee Relations Committee recommended City Council approval of an Amendment to MOU 36 which would create two pay grades for the Airport Labor Relations Advocate…classification. Airport Labor Relations Advocate I and II…would be created and Airport Labor Relations Advocate…would be eliminated. The establishment of the additional pay grade will provide oversight and supervision to the existing level of this classification.”

Therefore, the report recommended “[t]hat the City Council: 1. Approve…Amendment No. 1 to the Memorandum of Understanding (MOU) for the Management Employees Unit (MOU No. 36) between the City of Los Angeles and the Los Angeles Professional Managers’ Association; and 2. Authorize the City Administrative Officer and the Controller to make clerical or technical corrections to the MOU, as may be necessary.”

On February 3, 2021, the City Council’s Personnel, Audits, and Animal Welfare Committee considered the Report. The Committee’s Report provided in part “[a]fter further consideration and having provided an opportunity for public comment, the Committee moved to recommend approval of the MOUs as detailed in the CAO report…This matter is now submitted to Council for its consideration.”

Now, agenda item 19 of the February 9, 2021 Los Angeles City Council special meeting calls for the Council to consider the agreement. 

4. Workers Who Could be Impacted: City of LA Bargaining Units 4, 8, 14, 15, 17 and 18

On January 29, 2021, the CAO send the Report to the City Council entitled “2018-2022 Memoranda of Understanding (MOUs) Amendments for Service Employees International Union (SEIU) – MOUs 4, 8, 14, 15, 17 and 18.”

The Report provided in part “[i]n accordance with Executive Employee Relations Committee instructions, agreement has been reached with the Coalition of Los Angeles City Unions (Coalition) on an extension to the 2018-2021 MOUs. The units represented by SEIU are a part of this tentative agreement….All of the MOU amendments were ratified by the bargaining unit members. The…amendments include an 18-month extension of the MOU expiration date from June 30, 2021 to December 31, 2022. In addition to the key provisions listed below, these amendments include some unique terms for MOUs 4 and 8 to address salary compaction issues.”

The key provisions of the agreements include:

“Term- July 1, 2018, through December 31, 2022.

Salary Deferrals- The 2% salary adjustment scheduled for January 31, 2021, shall be deferred to June 19, 2022. The 2% salary adjustment scheduled for June 20, 2021, shall be deferred to June 19, 2022. 

Unpaid Days – In addition to the two previously agreed upon unpaid days (November 3, 2020 and April 2, 2021), two (2) additional unpaid days in Fiscal Year 2020/2021 shall be taken on February 12, 2021 and May 28, 2021. 

Furloughs – No furloughs will be implemented during Fiscal Year 2020/2021. Further, the parties agree to meet and confer on furloughs before implementation of furloughs in any other years during the term of this MOU. 

Layoffs – No layoffs will be implemented during Fiscal Year 2020/2021. 

Salary Reopener – Parties agree to reopen on salaries only no earlier than January 1, 2022. 

Maximum Accumulation of Overtime – During the term of this MOU, the maximum accumulation of overtime is increased to 240 hours. 

Personal Leave – Effective July 1, 2021, each unit member shall, in addition to all other compensatory time, receive up to 40 hours per calendar year as personal leave.”

Therefore, the Report “recommends that the City Council: 1 Approve the…2018-2022 MOU amendments for bargaining units 4, 8, 14 15, 17, and 18; and 2. Authorize the Controller and the CAO to correct any clerical errors in the MOU, or make necessary technical corrections subsequent to City Council approval.”

On February 3, 2021, the City Council’s Personnel, Audits, and Animal Welfare Committee considered the Report. The Committee’s Report provided in part “[a]fter further 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 20 of the February 9, 2021 Los Angeles City Council special meeting calls for the Council to consider the agreements.

5. Workers Who Could be Impacted: City of LA Bargaining Units 2, 9, 12, 13, 36, 63, and 64

On January 29, 2021, the COA sent a Report to the City Council entitled “2018-2022 Memoranda of Understanding (MOUs) for the Following Bargaining Units of the Coalition of City Unions – MOUs 2, 9, 12,13, 36, 63, and 64.”

The Report provided in part “[i]n accordance with Executive Employee Relations Committee instructions, agreement has been reached with five employee organizations of the Coalition of Los Angeles City Unions (Coalition) on an extension to the 2018-2021 MOUs for the bargaining units…All of the MOUs were ratified by the bargaining unit members. The…MOUs include an 18 month extension of the expiration date from June 30, 2021 to December 31, 2022. In addition to the key provisions listed below, these agreements include some unique terms for MOUs 12, 13, and 36 to address salary compaction issues.”

The key provisions of the agreements include:

“Term – July 1, 2018, through December 31, 2022.

Salary Deferrals- The 2% salary adjustment scheduled for January 31, 2021, shall be deferred to June 19, 2022. The 2% salary adjustment scheduled for June 20, 2021, shall be deferred to June 19, 2022. 

Unpaid Days – In addition to the two previously agreed upon unpaid days (November 3, 2020 and April 2, 2021), two (2) additional unpaid days in Fiscal Year 2020/2021 shall be taken on February 12, 2021 and May 28, 2021. 

Furloughs – No furloughs will be implemented during Fiscal Year 2020/2021. Further, the parties agree to meet and confer on furloughs before implementation of furloughs in any other years during the term of this MOU. 

Layoffs – No layoffs will be implemented during Fiscal Year 2020/2021.

Salary Reopener – Parties agree to reopen on salaries only no earlier than January 1, 2022.

Maximum Accumulation of Overtime – During the term of this MOU, the maximum accumulation of overtime is increased to 240 hours.

Personal Leave – Effective July 1, 2021, each unit member shall, in addition to all other compensatory time, receive up to 40 hours per calendar year as personal leave.”

Therefore, the Report “recommends that the City Council: 1 Approve the…2018-2022 MOUs for bargaining units 2, 9, 12, 13, 36, 63 and 64; and 2. Authorize the Controller and the CAO to correct any clerical errors in the MOU, or make necessary technical corrections subsequent to City Council approval.”

On February 3, 2021, the City Council’s Personnel, Audits, and Animal Welfare Committee considered the Report. The Committee’s Report provided in part “[a]fter further consideration and having provided an opportunity for public comment, the Committee moved to recommend approval of the MOUs…This matter is now submitted to Council for its consideration.”

Now, agenda item 21 of the February 9, 2021 Los Angeles City Council special meeting calls for the Council to consider the agreements.

6. Workers Who Could be Impacted: Management Attorneys Unit (MOU 32)

On February 1, 2021, the CAO sent a Report to the City Council entitled “2019-2023 Memorandum of Understanding (MOU) For the City Attorneys Management Association (MOU 32).”

The Report provided in part “[i]n accordance with Executive Employee Relations Committee instructions, agreement has been reached with the City Attorneys Management Association on an extension to the 2019-2022 MOU. The unit consists of 16 members working exclusively in Office of the City Attorney. The agreement was ratified by the bargaining unit members…The amended MOU includes an 18-month extension of the expiration date from June 30, 2022 to December 31, 2023.” 

The key provisions of the agreement include:

“Term – July 1,2019, through December 31, 2023.

Salary Deferrals – The 2% salary adjustment scheduled for January 31, 2021, shall be deferred to June 19, 2022. The 2% salary adjustment scheduled for January 16, 2022, shall be deferred to January 15, 2023.

Unpaid Days – In addition to the two previously agreed upon unpaid days, two (2) additional unpaid days in Fiscal Year 2020/2021 shall be taken by all unit members. 

Layoffs – No layoffs will be implemented during Fiscal Year 2020/2021. 

Salary Reopener – Parties agree to reopen on salaries only no earlier than January 1, 2022. 

Personal Leave – Effective February 28, 2021, each unit member shall, in addition to all other compensatory time, receive 40 hours per calendar year as personal leave.”

Therefore, the Report recommended “that the City Council: 1. Approve the…2019-2023 MOU for the City Attorneys Management Association (MOU 32); and 2. Authorize the Controller and the CAO to correct any clerical errors in the MOU, or make necessary technical corrections subsequent to City Council approval.”

On February 3, 2021, the City Council’s Personnel, Audits, and Animal Welfare Committee considered the Report. The Committee’s Report provided in part “[a]fter further consideration and having provided an opportunity for public comment, the Committee moved to recommend approval of the 2019-2023 MOU. This matter is now submitted to Council for its consideration.”

Now, agenda item 22 of the February 9, 2021 Los Angeles City Council special meeting calls for the Council to consider the agreement. 

7. Workers Who Could be Impacted: Confidential Attorneys Unit, Bargaining Unit 31

On February 1, 2021, the CAO sent a Report to the City Council entitled “2019-2023 Memorandum of Understanding (MOU) For the International Union Of Operating Engineers, Local 501 (IUOE) – Confidential Attorneys Unit (MOU 31).”

The Report provided in part “[i]n accordance with Executive Employee Relations Committee instructions, agreement has been reached with the IUOE, Local 501 on an extension to the 2019-2022 MOU for the Confidential Attorneys Unit. The unit consists of 33 members working exclusively in Office of the City Attorney. The agreement was ratified by the bargaining unit members…The amended MOU includes an 18-month extension of the expiration date from June 30, 2022 to December 31, 2023.”

The key provisions of the agreement include:

“Term – July 1, 2019, through December 31, 2023.

Salary Deferrals – The 2% salary adjustment scheduled for January 31, 2021, shall be deferred to June 19, 2022. The 2% salary adjustment scheduled for January 16, 2022, shall be deferred to January 15, 2023.

Unpaid Days – In addition to the two previously agreed upon unpaid days, two (2) additional unpaid days in Fiscal Year 2020/2021 shall be taken by all unit members. 

Layoffs – No layoffs will be implemented during Fiscal Year 2020/2021. 

Salary Reopener – Parties agree to reopen on salaries only no earlier than January 1, 2022. 

Personal Leave – Effective February 28, 2021, each unit member shall, in addition to all other compensatory time, receive 40 hours per calendar year as personal leave.”

Therefore, the Report “recommends that the City Council: 1. Approve the…2019-2023 MOU for the International Union of Operating Engineers, Local 501, Confidential Attorneys Unit (MOU 31); and 2. Authorize the Controller and the CAO to correct any clerical errors in the MOU, or make necessary technical corrections subsequent to City Council approval.”

On February 3, 2021, the City Council’s Personnel, Audits, and Animal Welfare Committee considered the Report. The Committee’s Report provided in part “[a]fter further consideration and having provided an opportunity for public comment, the Committee moved to recommend approval of the MOU. This matter is now submitted to Council for its consideration.”

Now, agenda item 23 of the February 9, 2021 Los Angeles City Council special meeting calls for the Council to consider the agreement. 

8. Workers Who Could be Impacted: Sr. Administrative Analysts and Administrative Analysts Bargaining Unit (MOU 61)

On January 29, 2021, the CAO sent a Report to the City Council entitled “2019-2023 Amendment to Memorandum Of Understanding (MOU) For The Fiscal Policy Professionals Association – MOU 61.”

The Report provided in part “[i]n accordance with Executive Employee Relations Committee instructions, agreement has been reached with the Fiscal Policy Professionals Association (FPPA) on an extension to the 2019-2022 MOU for the bargaining unit 61. This bargaining unit consists of 42 members who work exclusively in the Office of the City Administrative Officer. The MOU was ratified by the bargaining unit members. The…MOU includes an 18 month extension of the expiration date from June 30, 2022 to December 31, 2023.”

The key provisions of the agreement include:

“Term – June 23, 2019, through December 31, 2023.

Salary Deferrals – The 2% salary adjustment scheduled for January 31, 2021, shall be deferred to June 19, 2022. The 2% salary adjustment scheduled for January 30, 2022, shall be deferred to January 29, 2023. The 1.5% salary adjustment scheduled for June 19, 2022, shall be deferred to June 18, 2023. 

Unpaid Days – In addition to the two previously agreed upon unpaid days (November 3, 2020 and April 2, 2021), two (2) additional unpaid days in Fiscal Year 2020/2021. 

Furloughs – No furloughs will be implemented during Fiscal Year 2020/2021. Further, the parties agree to meet and confer on furloughs before implementation of furloughs in any other years during the term of this MOU. 

Layoffs – No layoffs will be implemented during Fiscal Year 2020/2021. 

Salary Reopener – Parties agree to reopen on salaries only no earlier than January 1, 2022. 

Maximum Accumulation of Overtime – During the term of this MOU, the maximum accumulation of overtime is increased to 240 hours. 

Personal Leave – Effective February 28, 2021, each member shall, in addition to all other compensatory time, receive up to 40 hours per calendar year as personal leave.”

Therefore, the Report “recommends that the City Council: 1. Approve the…2019-2023 MOU for bargaining unit 61; and 2. Authorize the Controller and the CAO to correct any clerical errors in the MOU, or make necessary technical corrections subsequent to City Council approval.”

On February 3, 2021, the City Council’s Personnel, Audits, and Animal Welfare Committee considered the Report. The Committee’s Report provided in part “[a]fter further consideration and having provided an opportunity for public comment, the Committee moved to recommend approval of the 2019-23 MOU for MOU 61. This matter is now submitted to Council for its consideration.”

Now, agenda item 24 of the February 9, 2021 Los Angeles City Council special meeting calls for the Council to consider the agreement. 

9. Workers Who Could be Impacted: City Attorneys’ Representation Unit (MOU 29)

On February 1, 2021, the CAO sent a Report to the City Council entitled “2019-2023 Memorandum of Understanding (MOU) For The Los Angeles City Attorneys Association (LACAA) – City Attorneys Representation Unit (MOU 29).”

The Report provided in part “[i]n accordance with Executive Employee Relations Committee instructions, agreement has been reached with the LACAA on an extension to the 2019-2022 MOU for the City Attorneys Representation Unit. The unit consists of 485 members working exclusively in Office of the City Attorney. The agreement was ratified by the bargaining unit members…The amended MOU includes an 18-month extension of the expiration date from June 30, 2022 to December 31, 2023.”

The key provisions of the agreement include:

“Term – July 1, 2019, through December 31, 2023.

Salary Deferrals – The 2% salary adjustment scheduled for January 31, 2021, shall be deferred to June 19, 2022. The 2% salary adjustment scheduled for January 16, 2022, shall be deferred to January 15, 2023.

Unpaid Days – In addition to the two previously agreed upon unpaid days, two (2) additional unpaid days in Fiscal Year 2020/2021 shall be taken by all unit members. 

Layoffs – No layoffs will be implemented during Fiscal Year 2020/2021. 

Salary Reopener – Parties agree to reopen on salaries only no earlier than January 1, 2022. 

Increased cap for Compensated Time Off (CTO) – consistent with other city attorney bargaining units. 

Personal Leave – Effective February 28, 2021, each unit member shall, in addition to all other compensatory time, receive 40 hours per calendar year as personal leave.”

Therefore, the Report “recommends that the City Council: 1. Approve the…2019-2023 MOU for the Los Angeles City Attorneys Association, City Attorneys Representation Unit (MOU 29); and 2. Authorize the Controller and the CAO to correct any clerical errors in the MOU, or make necessary technical corrections subsequent to City Council approval.”

On February 3, 2021, the City Council’s Personnel, Audits, and Animal Welfare Committee considered the Report. The Committee’s Report provided in part “[a]fter further consideration and having provided an opportunity for public comment, the Committee moved to recommend approval of the 2019-23 MOU. This matter is now submitted to Council for its consideration.”

Now, agenda item  of the February 9, 2021 Los Angeles City Council special meeting calls for the Council to consider the agreement. 

10. Workers Who Could be Impacted: Park Rangers Unit (Bargaining Unit 65)

On January 7, 2021, the CAO sent a Report to the City Council entitled “Tentative Agreement for the Park Rangers Unit – 2020-2022 Memorandum of Understanding No. 65 With The Los Angeles Ai[r]port Peace Officers Association, LAAPOA, For The Park Rangers.”

The Report provided in part “[i]n accordance with the instructions of the Executive Employee Relations Committee (EERC), the Los Angeles Airport Peace Officers Association (LAAPOA) and the CAO have reached a tentative agreement on an inaugural MOU 65 for the Park Rangers. The Rangers were first accreted by LAAPOA into MOU 30, where the class was represented for approximately one year. The terms and conditions are patterned after MOU 30, with a few recommended exceptions. The tentative agreement has been ratified by bargaining unit members.”

The recommended exceptions include:

“Healthcare – Continue 10% employee contribution through December 31, 2021. (MOU 30 will continue to make the contribution through the end of calendar 2022.)

No Unpaid Code 7 – Unit members shall not be afforded an unpaid meal break during a regular work shift, but the Chief Park Ranger may, at his discretion, extend a work day to include an unpaid meal break. The policy is in line with MOU 24.

Additional Compensation – Afford Senior Park Rangers the opportunity to earn 2% additional compensation for earning and maintaining a Supervisory POST certificate and 2% for a Management or Records Management POST certificate. Compensate a Unit member 5.5% who is trained and certified as an Engine and/or Water Tender Operator and who is assigned by Management to perform such work. Park Rangers operate a water tender and other fire suppression equipment that is deployed to assist the Los Angeles Fire Department in extinguishing fires in parks.”

Therefore, the Report “recommends that the City Council: 1. Approve the…2020-2022 Memorandum of Understanding (MOU) for Bargaining Unit 65; and 2. Authorize the Controller and the CAO to correct any clerical errors or make necessary technical corrections subsequent to City Council approval.”

On February 3, 2021, the City Council’s Personnel, Audits, and Animal Welfare Committee considered the Report. The Committee’s Report provided in part “[a]fter further consideration and having provided an opportunity for public comment, the Committee moved to recommend approval of the 2020-22 MOU. This matter is now submitted to Council for its consideration.”

Now, agenda item 26 of the February 9, 2021 Los Angeles City Council special meeting calls for the Council to consider the agreement. 

11. Workers Who Could be Impacted: City of LA Bargaining Units 3, 6, 7, 10, 11, 16 and 37

On February 5, 2021, the CAO sent a Report to the City Council entitled “2018-2022 Memoranda of Understanding (MOUs) Amendments for the American Federation Of State, County And Municipal Employees (AFSCME) – MOUs 3, 6, 7, 10, 11, 16 and 37.”

The Report provided in part “[i]n accordance with Executive Employee Relations Committee instructions, agreement has been reached with AFSCME consistent with the agreements reached by the other bargaining units in the Coalition of Los Angeles City Unions (Coalition). The AFSCME bargaining unit MOUs have been ratified by the membership…The updated MOUs include an 18-month extension of the expiration date from June 30, 2021 to December 31, 2022. 

The key provisions of the agreements include:

“Term – July 1, 2018, through December 31,2022.

Salary Deferrals – The 2% salary adjustment scheduled for January 31, 2021, shall be deferred to June 19, 2022. The 2% salary adjustment scheduled for June 20, 2021, shall be deferred to June 19, 2022. 

Unpaid Days – In addition to the two previously agreed upon unpaid days (November 3, 2020 and April 2, 2021), two (2) additional unpaid days in Fiscal Year 2020/2021 shall be taken on February 12, 2021 and May 28, 2021. 

Furloughs – No furloughs will be implemented during Fiscal Year 2020/2021. Further, the parties agree to meet and confer on furloughs before implementation of furloughs in any other years during the term of this MOU. 

Layoffs – No layoffs will be implemented during Fiscal Year 2020/2021. 

Salary Reopener – Parties agree to reopen on salaries only no earlier than January 1, 2022. 

Maximum Accumulation of Overtime – During the term of this MOU, the maximum accumulation of overtime is increased to 240 hours. 

Personal Leave – Effective July 1,2021, each unit member shall, in addition to all other compensatory time, receive up to 40 hours per calendar year as personal leave.”

Therefore, the Report “recommends that the City Council: 1. Approve the…2018-2022 MOUs for bargaining units 3, 6, 7, 10, 11, 16 and 37; and 2. Authorize the Controller and the CAO to correct any clerical errors in the MOUs, or make necessary technical corrections subsequent to City Council approval.”

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

Now, agenda item 41 of the February 9, 2021 Los Angeles City Council special meeting calls for the Council to consider the agreements.

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 February 9, 2021 Los Angeles County Board of Supervisors meeting agenda. There is one item in particular that could impact you.

Workers Who Could be Impacted: Association for Los Angeles Deputy Sheriffs, Professional Peace Officers Association, Deputy Probation Officers, Beach Lifeguards, Supervisory Beach Lifeguards, and Public Defender Investigators

Agenda item 24 “Memoranda of Understanding for Bargaining Units 611, 612, 701, 641, 642 and 613 Amendment”

The County’s Chief Executive Officer sent a Letter dated February 9, 2021 to the Board of Supervisors. The Letter provided in part “[i]n March 2020, Congress enacted [the Families First Coronavirus Response Act (FFCRA)] to provide paid time off and protected leave to eligible employees impacted by COVID-19. Under FFCRA, eligible employees were granted up to 80 hours of emergency paid sick leave and up to 12 weeks of Expanded Family Medical Leave Act (FMLA) leave to be used for COVID-19-related illness, family care, or child care reasons. The FFCRA leave provisions became effective on April 1, 2020 and expired on December 31, 2020.

Based on unprecedented circumstances caused by COVID-19, the [bargaining units above] have agreed to extend the current terms of the agreements…for one additional year with no salary increases during the contract term extension. The agreements maintain a ‘status quo’ for all other terms and conditions of employment. We are requesting your approval of the extensions for [Association for Los Angeles Deputy Sheriffs, Professional Peace Officers Association, Deputy Probation Officers, and Public Defender Investigators]…through January 31, 2022, and the extensions for [Beach Lifeguards, and Supervisory Beach Lifeguards]…through December 31, 2021.

In conjunction with these MOU Amendments, we also request your approval of an FFCRA ‘equivalent’ leave time benefit, retroactive to January 1, 2021, for all represented County employees. Under an executed agreement with labor, the FFCRA equivalent leave would remain in effect through March 31, 2021, but may end earlier if certain specified conditions are met. It would provide Emergency Paid Sick Leave and Expanded FMLA Leave to qualified County employees in the same amounts and under the same terms and conditions as under the County’s initial implementation of FFCRA…This extension is necessary due to the increasing and ongoing prevalence of the COVID-19 virus.”

Therefore, the Letter called for the Board to:

“1. Approve the accompanying MOU Amendments between the County and the following BUs: 611 (Association for Los Angeles Deputy Sheriffs), 612 (Professional Peace Officers Association), 701 (Deputy Probation Officers), 641 (Beach Lifeguards), 642 (Supervisory Beach Lifeguards), and 613 (Public Defender Investigators). 

2. Approve and authorize a FFCRA County equivalent leave time provision with a retroactive date to January 1, 2021, to cover represented employees pursuant to a properly executed labor agreement.

3. Instruct the Auditor-Controller to make all payroll system changes necessary to implement the recommendations contained herein.”

Now, agenda item 24 of the February 9, 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 February 2, 2021 Los Angeles City Council Meeting agenda. There is one item in particular that could impact you.

Workers Who Could be Impacted: Grocery and Drug Retail Workers Throughout the City of Los Angeles

On December 15, 2020, Council President Nury Martinez (6th District) and Councilmembers Mitch O’Farrell (13th District), Curren Price, Jr. (9th District), and Paul Koretz (5th District) introduced a Motion seconded by Councilmembers Mark Ridley-Thomas (10th District) and Gil Cedillo (1st District).

The Motion provided in part “[s]ince the beginning of the COVID-19 pandemic, grocery workers in the City of Los Angeles have continued to report to work and serve their communities, despite the ongoing hazards and danger of being exposed to the novel coronavirus. Because of the work of these essential grocery workers, families throughout the City have had access to the food they need during this pandemic. However, the pandemic is far from over and with increased case rates, the health threats that grocery workers face are even greater now than when this crisis began.

These essential grocery workers cannot choose to work from home – they must come in to work to do their jobs, which involves substantial interaction with customers. Workers are wearing masks, social distancing, and constantly wiping down cash registers, food conveyor belts and shopping carts in order to protect the public health. Additionally, these workers are continuously working to restock items that households desperately need like toilet paper, cleaning supplies and other essentials. These workers are staying inside with large crowds every day under ventilation systems that could be spreading the novel coronavirus. This puts these essential grocery workers in a position where they must live with the daily fear of not only contracting the virus but also bringing it home to their families.

The number of COVID-19 clusters within the grocery industry in the City of Los Angeles continues to rise significantly. The health threat that these grocery workers face cannot be overstated…These workers must be justly compensated for the clear and present dangers of doing their jobs during the pandemic by requiring their employers to provide hazard pay at all times that the City of Los Angeles falls under a coronavirus risk level of moderate, substantial, or widespread, under the State of California’s Coronavirus Risk Tiers and Stay at Home Health orders.”

Therefore, the Motion called for the “Office of the City Attorney [to] be requested to draft an emergency ordinance that will provide all on-site grocery workers at Grocery Stores with 300 or more employees with an additional five (5) dollars per hour in wages for the period of the effective date of this Ordinance during which the City of Los Angeles is within a Widespread (purple), Substantial (red), or Moderate (orange) Risk Level, and until such time as risk levels return to Minimal (yellow) under the State Health orders.” 

The Motion was referred to the City Council’s Economic Development and Jobs Committee. On January 26, 2021 the Committee considered the Motion. The Committee’s Report provided the “[r]ecommendations for Council action, as initiated by [the] Motion” were:

“1. [request] the City Attorney to: 

a. Prepare and present an Ordinance that will provide all hourly, non-managerial employees at grocery and drug retail stores in the City of Los Angeles with 300 or more employees nationally and 10 or more employees on-site, with a total of five dollars per hour premium hazard pay in addition to their base wage for the next 120 days and to incorporate the following:

i. The definition of ’employer’ for food and drug retail should mirror that of the City’s COVID Worker Protection Ordinance and also include retail stores with 85,000 square feet or more that dedicate 10 percent of sales floor to grocery or drug retail. 

ii. The Ordinance should also include a private right of action, similar to the City’s Minimum Wage ordinance, as well as an urgency clause. 

b. Report in regard to potential legal issued in connection with implementing an Ordinance as described above in Recommendation No. 1a. 

2. [instruct] Office of Wage Standards, with assistance of City Attorney, to promulgate Rules and Regulations for implementing the Ordinance as described in Recommendation No. 1a.

3. [instruct] the Chief Legislative Analyst (CLA) to report in regard to: 

a. Potential economic impacts of implementing an Ordinance as described above in Recommendation No. 1a. 

b. Potential legal challenges of implementing an Ordinance as described above in Recommendation No. 1a and countering said legal challenges.”

The Report then provided “[a]fter consideration and having provided an opportunity for public comment, the Committee moved to recommend approval of the Motion, as amended. This matter is now submitted to Council for its consideration.”

Now, agenda item 19 of the February 2, 2021 Los Angeles City Council meeting calls for the Council to consider the Motion.

This Motion is similar to Motions previously heard by the Long Beach City Council and the LA County Board of Supervisors to provide “Hero Pay” to grocery workers in their jurisdictions.

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 January 26, 2021 Los Angeles City Council Meeting agenda. There is one item in particular that could impact you.

Workers Who Could be Impacted: “Essential Waterfront Workers”

On December 15, 2020, President Pro Tempore Joe Buscaino (15th District), and Councilmember Paul Koretz (5th District) introduced a Resolution seconded by Councilmember Mike Bonin (11th District). 

The Resolution provided in part “the maritime industry has continued to operate throughout the global COVID-19 pandemic despite major disruptions to global supply chains…the Port of Los Angeles is a linchpin in the economic vitality of multiple critical infrastructure sectors locally and nationally…the maritime industry is fueled by the work of essential waterfront workers who have taken on extensive risks in order to ensure the continued flow of goods and materials through the Port…the State is developing guidelines for the distribution of COVID-19 vaccines to essential personnel once medical workers, first responders, and vulnerable populations have been successfully vaccinated…the health and safety of waterfront workers is crucial for the continued recovery from the economic devastation wrought by the global pandemic…and…the State should prioritize protection of the waterfront workers who continue to risk their health to maintain our local and national economies.”

Therefore, the Resolution called for “with the concurrence of the Mayor, that by the adoption of this Resolution, the City of Los Angeles hereby includes in its 2021-2022 State Legislative Program [support] for any legislation or administrative action that would prioritize distribution of the COVID-19 vaccine for essential waterfront workers.”

The Resolution was referred to the City Council’s Rules, Elections, and Intergovernmental Relations Committee who waived consideration of the item.

Now, agenda item 6 of the January 26, 2021 Los Angeles City Council Meeting calls for the Council to “[adopt] the accompanying [Resolution] to include in the City’s 2021-2022 State Legislative Program, [support] for any legislation or administrative action that would prioritize distribution of the COVID-19 vaccine for essential waterfront workers.”

International Longshore and Warehouse Union (ILWU), Locals 13, 63, and 94 submitted public comment in support of 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 January 26, 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 items 37-E “Extending the Supplemental Paid Sick Leave Ordinance” and 37-F “County Code, Title 8 – Consumer Protection, Business and Wage Regulations Amendment”

A Motion will be introduced by Chair Hilda Solis (1st District). The Motion provides in part “[t]he COVID-19 pandemic has devastated many lives in the Los Angeles County workforce. On March 31, 2020…the Board of Supervisors adopted a motion that called for a report back on implementing protections for workers in unincorporated Los Angeles County affected by the COVID- 19 pandemic. The report back examined the provision for supplemental paid sick leave benefits. The federal government had enacted H.R. 6201 Federal Families First Coronavirus Response Act (Families First Act), which required employers with fewer than 500 employees to provide supplemental paid sick leave benefits to their employees impacted by COVID-19. On April 28, 2020, the County of Los Angeles enacted an urgency ordinance extending the paid sick leave benefit to employees at businesses that employ 500 or more employees nationally, in the County’s jurisdiction, which were not covered by the Families First Act. The supplemental paid sick leave benefits provided under Chapter 8.200 expired on December 31, 2020. In light of the continuing COVID-19 pandemic…the benefits under Chapter 8.200 should be extended. In addition, the Families First Act’s supplemental paid sick leave benefits for employees at employers with fewer than 500 employees expired on December 31, 2020. In light of the continuing COVID-19 pandemic…the sick leave benefits provided under Chapter 8.200 should be extended to all employers with fewer than 500 employees in the County’s jurisdiction.”

Therefore, the Motion calls for “the Board of Supervisors [to] approve the attached ordinance to amend the Los Angeles County COVID-19 Supplemental Paid Sick Leave Ordinance contained in Chapter 8.200 of Title 8 of the Los Angeles County Code, to extend supplemental paid sick leave for employees at businesses employing 500 or more employees nationally and establish supplemental paid sick leave to employees of all employers in the unincorporated areas of the County.”

On January 21, 2021, an Analysis of the Ordinance conducted by the County Counsel was submitted to the Board. The Analysis provided in part “[t]his urgency ordinance amends the Los Angeles County COVID-19 Supplemental Paid Sick Leave Ordinance contained in Chapter 8.200 of Title 8 — Consumer Protection, Business and Wage Regulations —of the Los Angeles County Code, which established supplemental paid sick leave for employees at businesses that employ 500 or more employees nationally in response to the pandemic COVID-19 public health crisis. The supplemental paid sick leave under Chapter 8.200 expired on December 31, 2020. This urgency ordinance will extend supplemental paid sick leave until two calendar weeks after the expiration of the COVID-19 local emergency as ratified and declared by the Board. This urgency ordinance will also extend supplemental paid sick leave to employees at all businesses in the unincorporated areas of the County. This urgency ordinance will take immediate effect upon its approval by at least a four-fifths vote of the Board of Supervisors.”

Now Supplemental Agenda items 37-E and 37-F call 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 following the release of President of the United States Joseph R. Biden, Jr.’s initial Executive Orders. There are 5 items that could impact you.

1. Workers Who Could be Impacted: Federal Government Employees and Contractors

On January 20, 2021, President Biden issued Executive Order 13991,“Protecting the Federal Workforce and Requiring Mask-Wearing.”

The Order provided in part “to protect the Federal workforce and individuals interacting with the Federal workforce, and to ensure the continuity of Government services and activities, on-duty or on-site Federal employees, on-site Federal contractors, and other individuals in Federal buildings and on Federal lands should all wear masks, maintain physical distance, and adhere to other public health measures, as provided in CDC guidelines.” For purposes of the Order “‘Federal employees’ and ‘Federal contractors’ mean employees (including members of the Armed Forces and members of the National Guard in Federal service) and contractors (including such contractors’ employees) working for the executive branch.”

Further, the Order “established the Safer Federal Workforce Task Force (Task Force). The Task Force shall provide ongoing guidance to heads of agencies on the operation of the Federal Government, the safety of its employees, and the continuity of Government functions during the COVID-19 pandemic. Such guidance shall be based on public health best practices as determined by CDC and other public health experts, and shall address, at a minimum, the following subjects as they relate to the Federal workforce: (i) testing methodologies and protocols; (ii) case investigation and contact tracing; (iii) requirements of and limitations on physical distancing, including recommended occupancy and density standards; (iv) equipment needs and requirements, including personal protective equipment; (v) air filtration; (vi) enhanced environmental disinfection and cleaning; (vii) safe commuting and telework options; (viii) enhanced technological infrastructure to support telework; (ix) vaccine prioritization, distribution, and administration; (x) approaches for coordinating with State, local, Tribal, and territorial health officials, as well as business, union, academic, and other community leaders; (xi) any management infrastructure needed by agencies to implement public health guidance; and  (xii) circumstances under which exemptions might appropriately be made to agency policies in accordance with CDC guidelines, such as for mission-critical purposes.”

The Order also requires “the Director of CDC…[to] promptly develop and submit to the COVID-19 Response Coordinator a testing plan for the Federal workforce. This plan shall be based on community transmission metrics and address the populations to be tested, testing types, frequency of testing, positive case protocols, and coordination with local public health authorities for contact tracing.”

2. Workers Who Could be Impacted: United States Executive Branch Employees

On January 20, 2021, President Biden issued the “Executive Order on Ethics Commitments by Executive Branch Personnel.” 

The Order provided in part, “every appointee in every executive agency appointed on or after January 20, 2021, shall sign, and upon signing shall be contractually committed to, the following pledge upon becoming an appointee:

I recognize that this pledge is part of a broader ethics in government plan designed to restore and maintain public trust in government, and I commit myself to conduct consistent with that plan. I commit to decision-making on the merits and exclusively in the public interest, without regard to private gain or personal benefit. I commit to conduct that upholds the independence of law enforcement and precludes improper interference with investigative or prosecutorial decisions of the Department of Justice. I commit to ethical choices of post-Government employment that do not raise the appearance that I have used my Government service for private gain, including by using confidential information acquired and relationships established for the benefit of future clients. Accordingly, as a condition, and in consideration, of my employment in the United States Government in a position invested with the public trust, I commit myself to the following obligations, which I understand are binding on me and are enforceable under law.”

The Order then went on to ban Executive Branch employees from accepting gifts from lobbyists, and ban revolving door lobbying for 2 years.

3. Workers Who Could be Impacted: School Employees Throughout the Country

On January 21, 2021, President Biden issued the “Executive Order on Supporting the Reopening and Continuing Operation of Schools and Early Childhood Education Providers.”

The Order provided in part “[e]very student in America deserves a high-quality education in a safe environment. This promise, which was already out of reach for too many, has been further threatened by the COVID-19 pandemic. School and higher education administrators, educators, faculty, child care providers, custodians and other staff, and families have gone above and beyond to support children’s and students’ learning and meet their needs during this crisis. Students and teachers alike have found new ways to teach and learn. Many child care providers continue to provide care and learning opportunities to children in homes and centers across the country. However, leadership and support from the Federal Government is needed. Two principles should guide the Federal Government’s response to the COVID-19 crisis with respect to schools, child care providers, Head Start programs, and higher education institutions. First, the health and safety of children, students, educators, families, and communities is paramount. Second, every student in the United States should have the opportunity to receive a high-quality education, during and beyond the pandemic. Accordingly, it is the policy of my Administration to provide support to help create the conditions for safe, in-person learning as quickly as possible; ensure high-quality instruction and the delivery of essential services often received by students and young children at school, institutions of higher education, child care providers, and Head Start programs; mitigate learning loss caused by the pandemic; and address educational disparities and inequities that the pandemic has created and exacerbated.”

The Order then went on to outline ways in which the Secretary of Education and Secretary of Health and Human Services will further that policy, including “consult[ing] with…unions.”

4. Workers Who Could be Impacted: Workers Throughout the Country

On January 21, 2021, President Biden issued the “Executive Order on Protecting Worker Health and Safety.”

The Order provided in part “[e]nsuring the health and safety of workers is a national priority and a moral imperative. Healthcare workers and other essential workers, many of whom are people of color and immigrants, have put their lives on the line during the coronavirus disease 2019 (COVID-19) pandemic. It is the policy of my Administration to protect the health and safety of workers from COVID-19. The Federal Government must take swift action to reduce the risk that workers may contract COVID-19 in the workplace. That will require issuing science-based guidance to help keep workers safe from COVID-19 exposure, including with respect to mask-wearing; partnering with State and local governments to better protect public employees; enforcing worker health and safety requirements; and pushing for additional resources to help employers protect employees.”

The Order then calls for the “Secretary of Labor…[to] (a) issue, within 2 weeks of the date of this order…revised guidance to employers on workplace safety during the COVID-19 pandemic; (b) consider whether any emergency temporary standards on COVID-19, including with respect to masks in the workplace, are necessary, and if such standards are determined to be necessary, issue them by March 15, 2021; (c) review the enforcement efforts of the Occupational Safety and Health Administration (OSHA) related to COVID-19 and identify any short-, medium-, and long-term changes that could be made to better protect workers and ensure equity in enforcement; (d) launch a national program to focus OSHA enforcement efforts related to COVID-19 on violations that put the largest number of workers at serious risk or are contrary to anti-retaliation principles; and (e)…conduct, consistent with applicable law, a multilingual outreach campaign to inform workers and their representatives of their rights under applicable law. This campaign shall include engagement with labor unions, community organizations, and industries, and place a special emphasis on communities hit hardest by the pandemic.”

The Order also requires the “Secretary of Labor…[to] (i) coordinate with States that have occupational safety and health plans…to seek to ensure that workers covered by such plans are adequately protected from COVID-19, consistent with any revised guidance or emergency temporary standards issued by OSHA; and (ii) in States that do not have such plans, consult with State and local government entities with responsibility for public employee safety and health and with public employee unions to bolster protection from COVID-19 for public sector workers. (b)…explore mechanisms to protect workers not protected under the Act so that they remain healthy and safe on the job during the COVID-19 pandemic. (c)…consider whether any emergency temporary standards on COVID-19 applicable to coal and metal or non-metal mines are necessary, and if such standards are determined to be necessary and consistent with applicable law, issue them as soon as practicable.”

5. Workers Who Could be Impacted: Federal Government Employees

On January 22, 2021, President Biden issued the “Executive Order on Protecting the Federal Workforce.”

The Order provided in part “[c]areer civil servants are the backbone of the Federal workforce, providing the expertise and experience necessary for the critical functioning of the Federal Government. It is the policy of the United States to protect, empower, and rebuild the career Federal workforce. It is also the policy of the United States to encourage union organizing and collective bargaining. The Federal Government should serve as a model employer.” The Order then revoked a number of Executive Orders related to the civil service system issued by the prior administration.

Section 4 of the Order, entitled “Ensuring the Right to Engage in Collective Bargaining” provided “the head of each agency subject to the provisions of chapter 71 of title 5, United States Code, shall elect to negotiate over the subjects set forth in 5 U.S.C. 7106(b)(1) and shall instruct subordinate officials to do the same.”

Section 5 of the Order, entitled “Progress Toward a Living Wage for Federal Employees” requires the Director of the United States Office of Personnel Management to “provide a report to the President with recommendations to promote a $15/hour minimum wage for Federal 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 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

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 5, 2021 Los Angeles County Board of Supervisors Meeting agenda and supplemental agenda. There are two items in particular that could impact you.

1. Workers Who Could be Impacted: Grocery and Drug Retail Employees in LA County

Supplemental Agenda item 59-B: “‘Hero Pay’ for Frontline-Grocery and Drug Retail Employees in Los Angeles County”

A Motion will be introduced by Chair Hilda Solis (1st District) and Chair Pro Tem Holly Mitchell (2nd District) entitled “‘Hero Pay’ for Frontline-Grocery and Drug Retail Employees in Los Angeles County.”

The Motion provides in part, since the COVID-19 pandemic began “many sectors were able to transition their workforce to working from home, millions of workers in face-to-face service industries were deemed ‘essential’ to ensure that our communities continue to operate, and basic needs continue to be provided for. Notably, frontline grocery and drug retail workers are two categories of essential workers who have continued to show up for work despite the potential exposure through interactions with customers and co-workers who may have contracted the virus. Working in an essential industry, grocery and drug retail employees have not had the luxury of working from home to help their children with distance-learning and, as a result, have incurred additional childcare expenses. Because of their work on the frontlines, grocery and drug retail workers have met the frantic pace of demand to keep County residents fed and ensure access to medicine during this pandemic. This has been the case since the beginning of the pandemic, with people across the nation rushing to grocery and drug retail stores to stock up on supplies bracing for the unknown.

As the County experiences a record-breaking wave of COVID-19 cases, grocery retailers have experienced an increase in outbreaks…The inability to practice social distancing consistently at work due to large crowds has not only increased exposure risks but also contributed to the psychological distress workers have felt during the pandemic…The pandemic has exposed and deepened social and economic inequalities in the County, with the burden of the crisis affecting the most vulnerable communities, often compromised of low-income workers of color. Meanwhile, some of the largest grocery retailers in the nation and County have flourished and expanded their market share. These employers employ a labor workforce that consists of low-wage workers who have been disproportionately impacted by the economic fallout of this pandemic…grocery and drug retail workers are among the heroes of this pandemic, putting their lives on the line – often for low wages and minimal benefits – in order to sustain our food system and maintain healthy communities. In March, several grocery store corporations offered $2 to $4 hourly raises to employees, at the outset of the pandemic. However, this increase, sometimes referred to as ‘Hero Pay,’ lapsed in May, while profits – and COVID-19 cases – have surged. It is imperative for this Board to act with urgency to support just compensation for these workers by requiring their employers to provide for ‘Hero Pay.’”

Therefore, the Motion calls for “the Board of Supervisors [to] direct the Acting County Counsel, in consultation and collaboration with and other relevant Departments, to deliver a written report to the Board of Supervisors prior to its January 26, 2021 meeting that: 

1. Contains a proposed Urgency Ordinance that, among other things: 

a. Requires that stores located in the unincorporated areas of the County of Los Angeles, that are covered by Appendix B-1 of the County of Los Angeles Department of Public Health Targeted Temporary Safer at Home Health Officer Order, and are publicly traded or have at least 300 employees nationwide and more than 10 employees per store site pay all of their workers an additional five (5) dollars per hour in wages;

b. Sunsets 120 days from the effective date of the ordinance; and 

c. Includes any other provisions necessary to implement the intent of this motion 

2. Advises the Board as to whether such an Urgency Ordinance can apply to incorporated and unincorporated areas of Los Angeles County.”

Now, supplemental agenda item 59-B of the January 5, 2021 Los Angeles County Board of Supervisors meeting calls for the Board to consider the Motion. 

2. Workers Who Could be Impacted: Workers in Unincorporated LA County

Supplemental Agenda item 59-C: “Extending the Supplemental Paid Sick Leave Ordinance”

A Motion will be introduced by Chair Hilda Solis (1st District) entitled “Extending the Supplemental Paid Sick Leave Ordinance.” 

The Motion provides in part “[o]n March 31, 2020…the Board of Supervisors adopted a motion that called for a report back on implementing protections for workers in unincorporated Los Angeles County affected by the COVID- 19 pandemic. The report back examined the provision for supplemental paid sick leave benefits. The federal government had enacted H.R. 6201 Federal Families First Coronavirus Response Act (Families First Act), which required employers with fewer than 500 employees to provide supplemental paid sick leave benefits to their employees impacted by COVID-19. On April 28, 2020, the County of Los Angeles enacted an urgency ordinance extending the paid sick leave benefit to employees at businesses that employ 500 or more employees nationally, in the County’s jurisdiction, which were not covered by the Families First Act. The supplemental paid sick leave benefits provided under Chapter 8.200 expired on December 31, 2020. In light of the continuing COVID-19 pandemic and renewed ‘Safer at Home’ declarations by California Governor Gavin Newsom and the Los Angeles County Board of Supervisors, the benefits under Chapter 8.200 should be extended. In addition, the Families First Act’s supplemental paid sick leave benefits for employees at employers with fewer than 500 employees expired on December 31, 2020. In light of the continuing COVID-19 pandemic and renewed ‘Safer at Home’ declarations by California Governor Gavin Newsom and the Los Angeles County Board of Supervisors, the sick leave benefits provided under Chapter 8.200 should be extended to all employers with fewer than 500 employees in the County’s jurisdiction.”

Therefore, the Motion calls for the “Board of Supervisors [to] direct the Acting County Counsel, in consultation and collaboration with and other relevant Departments, to report back prior to the January 26, 2021 Board of Supervisors meeting with draft ordinance language to: 1) extend the existing paid sick leave benefits provided under Chapter 8.200, and 2) extend the paid sick leave benefits provided under Chapter 8.200 to employees of all employers within the unincorporated areas of the County of Los Angeles, and that fall under the jurisdiction of the County of Los Angeles.”

Now, supplemental agenda item 59-C of the January 5, 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