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 of the November 10, 2020 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: Workers throughout Los Angeles County

Supplemental Agenda Item 65-D “Establishing the Public Health Councils Program to Keep Los Angeles County Safe and Protect Workers from Retaliation”

A Motion will be introduced by  Supervisor Sheila Kuehl (3rd District) and Supervisor Mark Ridley-Thomas (2nd District). The motion states in part “[a]s Los Angeles County considers re-opening additional sectors of our local economy, it is important to continue taking steps to contain the spread of COVID-19. LA County, like other jurisdictions, has realized that infections will rise as the economy reopens because County Health Officer Orders (HOOs) are not strictly followed. HOOs are necessary to keep people safe and prevent the spread of COVID-19 in our community, but they are only effective if all residents comply with the orders. While many businesses have been diligent in their efforts to comply, many have not. This creates a public health risk not only for the businesses’ workers and customers but also for the communities in which the businesses are located and in which their customers and workers live… 

[The Department of Public Health] still needs help to ensure that businesses across the County are following the HOOs. For this reason, the Board of Supervisors (Board) is directing the implementation of the nation’s first Public Health Councils (PHCs) Program. Through this innovative program, workers will help to monitor the safety of their own workplace with guidance from Certified Worker Organizations and DPH… As we see cases begin to rise again, we must develop additional tools to monitor compliance with the HOOs. In the case of PHCs, DPH’s proposal will…enlist the help of workers who care about the safety of both their work environment and their communities to help monitor their worksites for compliance. DPH will also enlist the help of Certified Worker Organizations, who are selected based on their qualifications and trained on the HOOs, to conduct outreach and education to workers interested in forming PHCs. These PHCs will work to ensure that their coworkers are trained on HOOs and to develop recommendations for monitoring compliance with the HOOs at their worksite. Although workers participate in PHCs on a voluntary basis, workers who choose to participate will be protected from retaliation for reporting, or expressing their concerns about, potential noncompliance with the HOOs.

Considering the importance of this work, employers should cooperate with the PHC at their business to help ensure compliance. By working together, workers and employers can ensure a safe environment for their customers and for their broader community at a critical time. Employers are encouraged, but not required, to pay their workers for their time participating on PHCs, to allow PHCs to use their business premises for PHCs activities, and to cooperate with [Certified Worker Organizations] in making this opportunity known to their workers. Through the cooperation of all stakeholders, including DPH, Certified Worker Organizations, workers, and employers, we can work to contain the spread of COVID-19 without the need for additional business closures.”

Therefore, the Motion calls for “the Board of Supervisors [to] direct: 1. The Department of Public Health (DPH) to begin implementation of a Public Health Councils Program as provided in the report back to the Board on November 5, 2020. 2. DPH to report back to the Board in six months and, again, in one year on the progress and effectiveness of the Public Health Councils Program and other efforts to encourage voluntary cooperation with reporting violations of the Health Officer Orders and Public Health Protocols; 3. County Counsel to prepare and file an urgency anti-retaliation ordinance so that it may be heard on the next Board agenda in 14 days, which emphasizes a collaboration between DPH, the Department of Consumer and Business Affairs (DCBA), and County Counsel; 4. DCBA to use no more than $1.9 million in Consumer Protection Settlement funds for the investigation and enforcement, in consultation with County Counsel, of worker retaliation protections in the workplace due to reporting actual or potential violations of Health Officer Orders; and 5. The Chief Executive Office and relevant department store port back to the Board during FY 2021-2022 Recommended Budget with ongoing funding sources for countywide investigations and enforcement of workplace retaliation issues that arise from the reporting of public health issues.”

2. Workers Who Could be Impacted: Los Angeles County Sheriff’s Department – Parks Bureau

Supplemental Agenda Item 65-H “Parks Security Services Memorandum of Understanding”

The County’s Acting Chief Executive Officer sent a Letter dated November 10, 2020 to the Board entitled “Del[e]gate Authority to the Department Of Parks And Recreation and The Los Angeles County Sheriff’s Department To Enter Into A Memorandum Of Understanding (MOU) For Parks Security Services.” The Letter provides in part “[o]n December 15, 2009, the Board merged the Office of Public Safety (OPS) into [the Los Angeles County Sheriff’s Department (LASD)]. OPS had three operational bureaus, one of which was Parks Services. The Parks Services Bureau provides public safety services to all of the parks and facilities (i.e., trails, lakes, golf systems, etc.) operated by [Department of Parks and Recreation (DPR)] and is funded by the County General Fund. LASD assumed responsibility for providing these services effective July 1, 2010, and has continued to do so since that time. LASD is now indicating it plans to discontinue these services…On September 29, 2020, the Board approved the FY 2020-21 Supplemental Changes Budget, which restored the LASD services…and shifted all cuts required under the eight percent curtailment scenario to Custody Operations. In addition, all potential layoffs were completely mitigated. This resulted in 203 budgeted positions…being restored to LASD’s operating budget to ensure public safety services continued at DPR’s parks and facilities…

Despite these actions, on or about October 15, 2020, LASD gave notice to Parks Services Bureau staff of its plan to redeploy staff from Parks Services Bureau to other areas within LASD, including Custody Operations. Redeployments were originally noticed for November 1, 2020, and now scheduled for December 6, 2020. If implemented, this redeployment will eliminate dedicated safety and law enforcement services from County parks and require DPR staff and park patrons to rely on local law enforcement or LASD patrol…DPR and LASD, with the support of the Acting CEO, have engaged in regular discussions to reach an agreement to maintain the status quo. The actions recommended in this letter authorize DPR and LASD to execute an MOU to maintain the status quo through June 30, 2021. However, based on information provided by LASD management to its deputies and staff, dissolution of the Parks Services Bureau and the redeployment of Parks Services Bureau staff is still scheduled to occur on December 6, 2020. Because of this, the actions recommended in this letter require that the MOU be executed on or before November 30, 2020, subject to the prior review and approval of CEO and County Counsel.”

Therefore, Supplemental Agenda Item 65-H contains the Acting Chief Executive Officer’s recommendation that the Board “[i]nstruct the Director of Parks and Recreation, and request the Sheriff, to develop and enter into a Memorandum of Understanding (MOU) for Sheriff Security Services at County parks no later than November 30, 2020, effective through June 30, 2021 and must maintain the same level of Los Angeles County Sheriff’s Department (LASD) services for County parks currently provided, at no additional cost (i.e., the status quo); authorize the Director and the Sheriff to execute the MOU by November 30, 2020; authorize the Acting Chief Executive Officer and the Auditor-Controller to transfer $18,490,000 in appropriation from LASD’s County Services budget unit to the Parks and Recreation budget unit, only if the MOU is not executed by both Departments on or before November 30, 2020, approval of the transfer in appropriation is void if the MOU is executed by both Departments on or before November 30, 2020; and direct the Acting Chief Executive Officer to notify the Board of any budget actions taken.”

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 November 10, 2020 Los Angeles City Council meeting agenda. There are seven items in particular that could impact you.

1. Workers Who Could be Impacted: Undocumented City of Los Angeles Employees

As discussed in more detail in a prior post on this site, a July 29, 2020, a Motion introduced by Councilmember Gil Cedillo (1st District) called for “the Personnel Department [to] be directed to report, with assistance from the City Administrative Officer and the City Attorney, on the creation of a program that would provide a pathway to citizenship through City jobs, which seeks to support undocumented City employees through the naturalization process.” The Council adopted the Motion on August 25, 2020.

On October 1, 2020, the City’s Personnel Department submitted a Report to the City Council’s Personnel and Animal Welfare Committee entitled “Personnel Department’s Report Back Regarding Legal Right To Work.” The Report provides in part “[a]ll jobs within the City require an individual to have authorization to work in the United States. Under federal law, it is unlawful for an employer knowingly to hire an individual who is unauthorized to be employed in the United States, or to continue to employ that individual with the knowledge that his or her employment is unauthorized…The City is required, under federal law, to verify if an individual is authorized to work in the United States. Employers, including governmental bodies, must verify the identity and employment authorization for any non-citizen seeking employment in the United States when hiring or continuing to employ the individual…The City has no authority to eliminate the authorization requirement. It does not matter what position is being considered. Further, consistent with federal law, the Civil Service Rule 3.1 provides an applicant must have a legal right to work to be qualified for examination.”

On November 4, 2020, the City Council’s Personnel and Animal Welfare Committee considered the Report. The Personnel and Animal Welfare Committee’s Report provides “[a]fter consideration and having provided an opportunity for public comment, the Committee moved to note and file the Personnel Department report. This matter is now submitted to Council for its consideration.”

Now, agenda item 27 of the November 10, 2020 Los Angeles City Council meeting calls for the Council to “[note] and [file] the October 1, 2020 Personnel Department report relative to creating a program that would provide a pathway to citizenship through City jobs.

2. Workers Who Could be Impacted: Undocumented Immigrants Interested in Becoming City of Los Angeles Employees

As discussed in more detail in a prior post on this site, a July 29, 2020, Motion introduced by Councilmember Gil Cedillo (1st District) called for “the Personnel Department [to] prepare a report with a list of City and County jobs that have a legal status requirement, in order to begin the conversation of how to hire for these jobs without consideration of an applicant’s legal status.” The Council adopted the Motion on August 25, 2020.

On September 28, 2020, the City’s Personnel Department submitted a Report  to the City Council’s Personnel and Animal Welfare Committee entitled “Personnel Department’s Report Back Regarding Legal Right To Work.” The Report provides in part “[a]ll jobs within the City require an individual to have authorization to work in the United States. Under federal law, it is unlawful for an employer knowingly to hire an individual who is unauthorized to be employed in the United States, or to continue to employ that individual with the knowledge that his or her employment is unauthorized…The City is required, under federal law, to verify if an individual is authorized to work in the United States. Employers, including governmental bodies, must verify the identity and employment authorization for any non-citizen seeking employment in the United States when hiring or continuing to employ the individual…The City has no authority to eliminate the authorization requirement. It does not matter what position is being considered. Further, consistent with federal law, the Civil Service Rule 3.1 provides an applicant must have a legal right to work to be qualified for examination. The power of Naturalization is exclusively in Congress.”

On November 4, 2020, the City Council’s Personnel and Animal Welfare Committee considered the Report. The Personnel and Animal Welfare Committee’s Report provides “[a]fter consideration and having provided an opportunity for public comment, the Committee moved to note and file the Personnel Department report. This matter is now submitted to Council for its consideration.”

Now, agenda item 29 of the November 10, 2020 Los Angeles City Council meeting calls for the Council to “[note] and [file] the September 28, 2020 Personnel Department report relative to City and County of Los Angeles jobs that have a legal status requirement.”

3. Workers Who Could Be Impacted: The Los Angeles Port Pilots Association, ILWU, Local 68

On October 28, 2020, the City Administrative Officer (CAO) sent a Report entitled “2017-2027 Amended Memorandum Of Understanding No. 26 For The Los Angeles Port Pilots Association, ILWU, Local 68” to the City Council. The Report provided in part “[i]n accordance with the instructions of the Executive Employee Relations Committee (EERC), a tentative agreement has been reached with the Los Angeles Port Pilots Association bargaining unit to amend and extend the current MOU. The tentative agreement has been ratified by bargaining unit members.” The Report was referred to the City Council’s Personnel and Animal Welfare Committee.

On November 4, 2020, Council’s Personnel and Animal Welfare Committee considered the Report. The Council’s Personnel and Animal Welfare Committee’s Report provides in part, “[a]fter further consideration and having provided an opportunity for public comment, the Committee recommended approval of the amended 2017-27 MOU No. 26. This matter is now submitted to Council for its consideration.”

Now, agenda item 29 of the November 10, 2020 Los Angeles City Council meeting calls for the Council to “1. [approve] the amended 2017-27 MOU 26, attached to the Council file, for the Port Pilots Bargaining Unit represented by the Los Angeles Port Pilots Association. [and] 2. [authorize] the City Administrative Officer (CAO) and City Controller to correct any clerical or technical errors in the MOU.”

4. Workers Who Could Be Impacted: Los Angeles City Attorney Management Association

On October 19, 2020, the City Administrative Officer (CAO) sent a Report entitled “Amendment No. 1 To The 2019-2022 Memorandum Of Understanding For The Los Angeles City Attorney Management Association – Management Attorneys Unit” to the City Council. The Report provided in part “[i]n its meeting on February 14, 2020, the Executive Employee Relations Committee (EERC) approved to amend the 2019-2022 MOU for the Management Attorneys Unit…represented by the Los Angeles City Attorney Management Association, to reflect slightly higher benefits.” The Report was referred to the City Council’s Personnel and Animal Welfare Committee.

On November 4, 2020, Council’s Personnel and Animal Welfare Committee considered the Report. The Council’s Personnel and Animal Welfare Committee’s Report provided in part “[a]fter consideration and having provided an opportunity for public comment, the Committee moved to recommend approval of Amendment No. 1. This matter is now submitted to Council for its consideration.”

Now, agenda item 33 of the November 10, 2020 Los Angeles City Council meeting calls for the Council to “1. [approve] Amendment No. 1. to the 2019-2022 MOU for the Los Angeles City Attorney Management Association, representing the MOU 32. [and] 2. [authorize] the Controller and the City Administrative Officer (CAO) to correct any clerical errors or make necessary technical corrections subsequent to City Council approval.”

5. Workers Who Could Be Impacted: Los Angeles Airport Police Supervisors Association (LAAPSA)

On October 19, 2020, the City Administrative Officer (CAO) sent a Report entitled “Amendment No. 1 2018-22 Memorandum of Understanding for The Los Angeles Airport Police Supervisors Association (LAAPSA) – Airport Supervisory Peace Officers Unit” to the City Council. The Report provided in part “[a]t its January 24, 2020, meeting the Executive Employee Relations Committee authorized two changes to [the] MOU…between the City and the Los Angeles Airport Police Supervisors Association…The first change addresses the Airfield Hazard Incentive for the Sergeants and Lieutenants at Airport Police and the second change addresses Municipal Police Sergeant Pay at the Los Angeles Police Department. These two changes will be codified into the attached amendment…to [the] MOU.” The Report was referred to the City Council’s Personnel and Animal Welfare Committee.

On November 4, 2020, Council’s Personnel and Animal Welfare Committee considered the Report. The Council’s Personnel and Animal Welfare Committee’s Report provided in part “[a]fter further consideration and having provided an opportunity for public comment, the Committee recommended approval of Amendment No. 1 to the 2018-22 MOU No. 39. This matter is now submitted to Council for its consideration.”

Now, agenda item 34 of the November 10, 2020 Los Angeles City Council meeting calls for the Council to “1. [approve] Amendment No. 1 to the 2018-22 MOU 39 for the Airport Supervisory Peace Officers Unit represented by the Los Angeles Airport Police Supervisors Association. [and] 2. [authorize] the City Administrative Officer (CAO) and City Controller to correct any clerical or technical errors in the MOU.” The Report was referred to the City Council’s Personnel and Animal Welfare Committee.

6. Workers Who Could Be Impacted: City of LA Employees and Applicants Impacted by the 2020-2021 Hiring Freeze

On October 27, 2020, the City Administrative Officer (CAO) sent a Report entitled “2020-21 Unfreeze Resolution” to the City Council. The Report provided in part “the Los Angeles Administrative Code provides that vacated positions, other than those of Officers of the City as defined by the Charter, may not be filled without specific authorization by the City Council. Therefore, I have prepared and attached the 2020-21 Unfreeze Resolution, which will provide such authorization subject to the Citywide Hiring Freeze. The attachment identifies the positions authorized in the 2020-21 Budget that are required to remain vacant should the Hiring Freeze be lifted. This list consists of the positions for which the City Council and Mayor reduced funding or that they identified for deletion in order to fund other purposes and positions approved subsequent to the enactment of the 2020-21 Budget, but effective July 1,2020.” The Report then lists the 43 “[p]ositions not authorized for filling during Fiscal Year 2020-21.” The Report was referred to the City Council’s Personnel and Animal Welfare Committee.

On November 4, 2020, Council’s Personnel and Animal Welfare Committee considered the Report. The Council’s Personnel and Animal Welfare Committee’s Report provided in part “[a]fter further consideration and having provided an opportunity for public comment, the Committee recommended approval of Amendment No. 1 to the 2018-22 MOU No. 39. This matter is now submitted to Council for its consideration.”

Now, agenda item 35 of the November 10, 2020 Los Angeles City Council meeting calls for the Council to “[adopt] the accompanying [Resolution] granting the filling of vacated positions for FY 2020-21 except for the positions detailed in number, code, and title in departments, bureaus, and offices as detailed in the Resolution.”

7. Workers Who Could Be Impacted: International Union of Operating Engineers, Local 501, AFL-CIO Confidential Attorneys Unit

On October 19, 2020, the City Administrative Officer (CAO) sent a Report entitled “Amendment No. 1 To The 2019-2022 Memorandum Of Understanding For The International Union Of Operating Engineers, Local 501 – Confidential Attorneys Unit” to the City Council. The Report provided in part “[i]n its meeting on February 14,2020, the Executive Employee Relations Committee (EERC) approved to amend the 2019-2022 MOU for the Confidential Attorneys Unit…represented by the I.U.O.E, Local 501, to reflect slightly higher benefits.” The Report was referred to the City Council’s Personnel and Animal Welfare Committee.

On November 4, 2020, Council’s Personnel and Animal Welfare Committee considered the Report. The Council’s Personnel and Animal Welfare Committee’s Report provided in part “[a]fter consideration and having provided an opportunity for public comment, the Committee moved to recommend approval of Amendment No. 1. This matter is now submitted to Council for its consideration.”

Now, agenda item 36 of the November 10, 2020 Los Angeles City Council meeting calls for the Council to “1. [approve] Amendment No. 1. to the 2019-2022 MOU for the International Union of Operating Engineers (IUOE), Local 501, representing the Confidential Attorneys Unit (MOU 31). [and] 2. [authorize] the Controller and the City Administrative Officer (CAO) to correct any clerical errors or make necessary technical corrections subsequent to City Council approval.”

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 November 4, 2020 Los Angeles City Council meeting agenda. There are three items in particular that could impact you.

1. Workers Who Could be Impacted: City of LA Employees and Applicants Impacted by the 2020-2021 Hiring Freeze

On October 5, 2020, the City Administrative Officer (CAO) sent a Report  entitled “2020-21 Hiring Freeze – Status Update as of September 18, 2020” to the City Council. The Report provided in part “[a]s part of the actions on the 2020-21 Budget… the City Council and Mayor approved a hiring freeze. The City Council and Mayor also approved a process for departments to request an exemption to this hiring freeze. [The Office of the City Administrative Officer] was also directed to report to the Council on a periodic basis on the status of requests for exemption to the hiring freeze as submitted by departments…To request an exemption to the hiring freeze, departments submit a request to the CAO.” The Report then lists the 440 positions that as of September 18, 2020 had been approved for an exemption, were pending approval, had the exemption request rescinded, and were not approved or were not recommended for approval.

On October 7, 2020, the Report was referred to the City Council’s Budget and Finance Committee. On October 26, 2020, the Budget and Finance Committee considered the Report. The Committee’s Report provided in part “[a]t its regular meeting held on October 26, 2020, the Budget and Finance Committee considered the CAO report dated October 5, 2020 relative to the 2020-21 hiring freeze status update, as of September 18, 2020. After providing an opportunity for public comment, the Committee moved to approve the recommendations contained in the subject CAO report…This matter is now forwarded to the Council for its consideration.”

Now, agenda item 30 of the November 4, 2020 LA City Council meeting calls for the Council to “[note] and [file] the October 5, 2020 City Administrative Officer (CAO) report relative to the 2020-21 hiring freeze status update, as of September 18, 2020.”

2. Workers Who Could be Impacted: City of LA Targeted Local Hire Program Applicants

On September 28, 2020, the City Administrative Officer (CAO) sent a Report  entitled Targeted Local Hire (TLH) Positions Not Included In The 2020-21 Adopted Budget. According to The Targeted Local Hire Program website, “The Targeted Local Hire Program (TLH) creates an alternate job pathway into City civil service via full-time, paid, on-the-job training for entry-level City positions. TLH provides individuals an opportunity to be randomly selected for referral to City departments in order to participate in their hiring process and be considered for entry-level jobs. If hired as a City employee through the Program, candidates will have an initial 6 month on-the-job training period (full-time, paid, benefits), followed by a 6 month probationary period. Once the probationary period is successfully completed, the candidate is transitioned to full-time regular civil service employment.”

The September 28, 2020, CAO Report provided in part “[o]n August 25, 2020, the City Council adopted a motion…directing the Personnel Department and the City Administrative Officer (CAO) to survey all City departments for proposed new or additional Targeted Local Hire (TLH)-eligible position authorities…As part of the actions on the 2020-21 Budget, the Council and Mayor approved a Citywide Hiring Freeze because of the reduction in City revenues associated with the COVID-19 Pandemic…New employees hired through the TLH Program were the only Citywide exemption approved from this Hiring Freeze by the Mayor and Council…Due to fiscal concerns which may result in service and workforce reductions, and in accordance with the Mayor Memorandum and Council direction to this Office to coordinate spending reduction proposals, it is recommended that no new TLH position authorities be provided to departments. In addition, it is recommended that the Council and Mayor rescind the existing Hiring Freeze exemption for TLH positions. As noted, Departments may still request to hire TLH positions, but would need to do so through the Hiring Freeze process.”

On September 28, 2020, the Report was referred to the City Council’s Personnel and Animal Welfare Committee. On October 6, 2020, the City Clerk corrected referral to add the City Council’s Budget and Finance Committee. On October 21, 2020, the Personnel and Animal Welfare Committee considered the Report. In a Transmittal Letter to Budget and Finance Committee, the Personnel and Animal Welfare Committee stated “[a]fter consideration, and having provided an opportunity for public comment, the Committee moved to make the following recommendation: Remove the exemption from the City’s hiring freeze for new positions hired through the TLH Program on a temporary basis until Council has decided not to engage in layoffs, at which point, hiring under the TLH Program can resume with exemptions from the hiring freeze being automatic. This file is now transmitted to the Budget and Finance Committee.”

On October 26, 2020, the Budget and Finance Committee considered the Report. A Joint Report from Personnel and Animal Welfare and Budget and Finance Committees provided in part “the Budget and Finance Committee also considered this matter and after consideration and having provided an opportunity for public comment, the Committee moved to concur with the [Personnel and Animal Welfare] Committee. This matter is now submitted to Council for its consideration.”

Now, agenda item 35 of the November 4, 2020 LA City Council meeting calls for the Council to “[remove] the exemption from the City’s hiring freeze for new positions hired through the TLH Program on a temporary basis until Council has decided not to engage in layoffs, at which point, hiring under the TLH Program can resume with exemptions from the hiring freeze being automatic.”

3. Workers Who Could be Impacted: City of LA Civilian Employees and Their Qualified Dependents

On September 18, 2020, the City of Los Angeles Personnel Department sent a Report entitled “LAwell Program Employee Benefits Trust Fund Review Fiscal Year (FY) 2019-20” to the City Council. The Report provided in part “[t]he Personnel Department administers the City’s LAwell Civilian Benefits Program (LAwell Program) for active City civilian employees and their qualified dependents in conjunction with the City’s Joint Labor Management Benefits Committee (JLMBC)…The mission of the LAwell Program is to promote employee health and wellness with competitive benefits at a reasonable level relative to the City’s financial capacity. Currently, the LAwell Program covers approximately 28,000 employees and 35,000 dependents…In Plan Year 2021, benefit plans and service providers will include…” Medical, Dental, Life Insurance, Disability Insurance, Accidental Death & Dismemberment (AD&D) Insurance, Tax-Advantaged Savings Accounts, Employee and Family Assistance Program, Vision Plan, Wellness Services.

In 1997, “the City established an Employee Benefits Trust Fund (Trust Fund)…The purpose of the Trust Fund is for the receipt and retention of employer and employee contributions for the LAwell Program. The Trust Fund operates as a temporary pass-through account for the funding of premium payments to benefit service providers.”

The Los Angeles Administrative Code requires ‘“[t]he Chairperson of the Joint Labor-Management Benefits Committee shall report to the City Council and the Mayor regarding and identifying all receipts into, and all expenditures out of, the Fund, as well as the purposes for which the expenditures were made. Each report shall cover a fiscal year and shall be submitted within 90 days after the close of said fiscal year.’ This report provides a review of Trust Fund activity and expenditures for FY 2019-20.”

The Report concludes “[t]he Trust Fund provides an important vehicle for the City to fund and process payments for the LAwell Program. The JLMBC recommends that the City Council note and file this report regarding and identifying all FY 2019-20 Trust Fund receipts and expenditures and purposes for which expenditures were made.” The Report was referred to the City Council’s Personnel and Animal Welfare Committee. 

At an October 21, 2020 meeting, the Personnel and Animal Welfare Committee considered the Report. The Committee’s Report provided “[a]fter consideration and having provided an opportunity for public comment, the Committee moved to receive and file the reports. This matter is now submitted to Council for its consideration.”

Now, agenda item 36 of the November 4, 2020 LA City Council meeting calls for the Council to “[note] and [file] the September 18, 2020 Personnel Department reports relative to the LAwell Civilian Benefits Program trust fund review for FY 2019-20.”

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 October 27, 2020 Los Angeles County Board of Supervisors meeting agenda. There are two items in particular that could impact you.

1. Workers Who Could Be Impacted: County of Los Angeles Employees

Agenda Items 1-D and 11 “Funding for Disaster Service Workers Election Workers”

Agenda items 1-D and 11 are identical with the exception that agenda item 1-D calls for the Board to act in their capacity as The Los Angeles County Development Authority, and agenda item 11 calls for the Board to act in their capacity as the Los Angeles County Board of Supervisors.

For both agenda items, a Motion will be introduced by Supervisor Sheila Kuehl (3rd District). The Motion provides “[o]n August 4, 2020, the Board of Supervisors suspended the County Employee Election Worker Program and directed the Director of the Office of Emergency Management to work with the Registrar-Recorder/County Clerk (RR/CC), the Department of Human Resources (DHR), and County Counsel to adopt a new Disaster Services Worker (DSW) Program for the November 3, 2020 election. On September 1, 2020, RR/CC and DHR sent a joint memo to Department Heads outlining the number of DSW required from each County Department to support the general election. Overtime expenses for employees assigned as DSW election workers will be reimbursed by the RR/CC. The Los Angeles County Development Authority (LACDA) has assigned 64 employees to serve as DSW election workers. Because the LACDA’s budget system is separate from the County’s, it is necessary for the RR/CC and the LACDA to enter into a Memorandum of Understanding (MOU) in order to transfer funds to the LACDA for reimbursement of employees serving as DSW election workers.”

Therefore, the Motion calls for “the Board of Supervisors [to] authorize the Registrar- Recorder/County Clerk or his designee to execute an MOU with the LACDA to transfer up to $230,000 from the RR/CC operating budget to LACDA to reimburse the cost of LACDA employees serving as DSW election workers during the November 3, 2020 general election.” The Motion further calls for “the Board of Supervisors, acting as the commissioners of the Los Angeles County Development Authority [to] authorize the Acting Executive Director of the LACDA or his designee to execute an MOU with the RR/CC to accept $230,000 to reimburse the cost of LACDA employees serving as DSW election workers during the November 3, 2020 general election, and to incorporate these funds as needed into the LACDA’s approved Fiscal Year 2020-2021 budget.”

2. Workers Who Could Be Impacted: County of Los Angeles Employees

Agenda Item 60: “County Code, Title 5 – Personnel Amendment”

An Ordinance will be introduced to amend County Code, Title 5. According to the Ordinance Analysis prepared by the Principal Deputy County Counsel of the Labor & Employment Division, “[t]his ordinance amends Title 5 – Personnel of the Los Angeles County Code relating to the County of Los Angeles Savings Plan (the ‘Savings Plan’), by amending Section 5.26.100 to discontinue the combined annual low deferral limit for certain employees who contribute to both the Savings Plan and the County of Los Angeles Deferred Compensation and Thrift Plan (Horizons) beginning January 1, 2021.”

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 October 20, 2020 Los Angeles City Council meeting agenda. There is one item in particular that could impact you.

Workers Who Could Be Impacted: Non-Represented City of LA Employees 

On October 15, 2020, the City Administrative Officer (CAO) sent a Report to the City Council. The Report provided “[o]n September 14, 2020, the City Council adopted a recommendation to implement 18 furlough days for most civilian employees effective October 11, 2020. Through negotiations with our labor partners, cost saving letters of agreement were prepared and sent to Council for approval…

On October 13, 2020, the Los Angeles City Council adopted Fiscal Year (FY) 2020/21 Cost Savings Letters of Agreement (LOA) entered into between the City and 11 of the City’s labor partners. These LOAs provide for two (2) unpaid days in addition to other agreed upon terms as cost savings to further delay and/or eliminate the need for furloughs. The attached amendment will allow the same two (2) unpaid days for non-represented employees.”

The attached amendment is a draft ordinance amendment. It provides in part “(a) On Tuesday, November 3, 2020, all non-represented employees will take an unpaid holiday. In operations where minimum staffing levels must be maintained, employees will be paid for hours worked in accordance with FLSA regulations. (b) On Friday April 2, 2021, all non-represented employees will take an unpaid holiday. In operations where minimum staffing levels must be maintained, employees will be paid for hours worked in accordance with FLSA regulations. (c) The provisions in Subsections (a) and (b) above shall apply to individuals employed in all non-represented classifications (including General Manager) regardless of employing department or office, funding source, Fair Labor Standards Act status, or civil service status.”

The matter was referred to the City Council’s Budget and Finance Committee and the Personnel and Animal Welfare Committee. Both committees waived consideration of the item.

Now, agenda item 18 of the October 20, 2020 LA City Council meeting calls for the Council to “1. [present] and [adopt] the accompanying [ordinance] dated October 7, 2020 to amend LAAC Section 4.120 to add unpaid holidays for non-represented City employees for FY 2020-21. 2. [authorize] the Controller and the CAO to correct any clerical errors, or, if approved by the City Attorney, any technical errors in the above Ordinance…The CAO reports that the fiscal impact reported in the original transmittal of the 11 Letters of Agreement was approximately $21.4 million in FY 2020-21. That figure is inclusive of savings from non-represented 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 October 13, 2020 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: Essential Workers in the Fast Food Industry Throughout Los Angeles County

Supplemental Agenda Item Number 59-I: “Protecting Essential Workers in the Fast Food Industry”

On October 6, 2020, Service Employees International Union (SEIU), Local 721 President Bob Schoonover sent a letter to Chair Pro Tem Solis requesting the Board “address the public health threat raised by the McDonald’s on 1716 Marengo Street in Los Angeles. This McDonald’s is operating in noncompliance with even the most basic COVID-19 safety precautions and has retaliated against employees who raised safety concerns. The Board can address these violations and protect the public health, including…by exercising its authority to direct the Los Angeles County Health Officer to enforce and update its Health Orders; by enacting an ordinance addressing COVID-19 whistleblower retaliation; and by directing the County Counsel to investigate and, if appropriate, pursue a public nuisance lawsuit… Protecting the rights of essential workers to report safety issues and advocate for safer working conditions is critical to ensuring that essential business comply with the COVID-19 safety measures instituted by health officials, which in turn is critical to reducing the spread of COVID-19.”

At the October 13, 2020 LA County Board of Supervisors meeting, a Motion will be introduced by Chair Pro Tem Hilda Solis (1st District) that seeks to address the concerns raised by President Schoonover. The Motion provides in part “[t]he COVID-19 crisis continues to impact some communities more than others with disproportionate health and economic burdens in Black and Latinx neighborhoods. That reality is especially felt in certain sectors such as the fast food industry where workers are overwhelmingly people of color. These are employees whose work often goes unnoticed – but they are the definition of essential. The COVID-19 pandemic has made that clear. Fast food workers took no time off and when the shelves of grocery stores were bare, many people relied on fast food restaurants for their meals. This impact was most felt on the Latinx community, many of whom are unable to work from home. Yet, still, their treatment does not always reflect their essential role. There have been reported instances of retaliation against these workers when they rightfully request safety measures in response to COVID-19. Their calls for action must be addressed.”

Therefore, the Motion calls for the Board of Supervisors to “1. Direct County Counsel and the Department of Public Health, with other relevant departments, to investigate the complaints raised in the letter dated October 6, 2020 from SEIU Local 721 and to issue a response within 15 days to all points raised in the letter. [and] 2. Direct the Department of Public Health, in collaboration with the Los Angeles County Economic Resiliency Task Force, to contract with faculty or researchers from local academic institutions whose research focuses on working conditions and labor standards of low wage workers to investigate working conditions in the fast food industry, including by partnering with organizations that advocate for fast food workers in Los Angeles County to document workers’ first-hand experiences in fast food workplaces.”

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 October 13, 2020 Los Angeles City Council meeting agenda. There is one item in particular that could impact you.

Workers Who Could Be Impacted: Service Employee International Union, Local 721; Los Angeles Professional Managers Association; City Employees Association, Council 36; Los Angeles/Orange Counties Building and Construction Trades Council; Laborers International Union of North America; Engineers and Architects Association; Municipal Construction Inspectors Association; Los Angeles City Attorneys Association; International Union of Operating Engineers, Local 501; Los Angeles City Attorneys Management Association; Fiscal and Policy Professionals Association

As discussed in prior posts on this site here, and here, a June 22, 2020 Report from City Administrative Officer (CAO) states “[o]n April 20, 2020, the Mayor’s proposed budget for FY 2020/21 was released. In order to balance the budget the Mayor proposed 26 furlough days for most civilian employees. The furlough days are projected to save approximately $150M. Since early May, the CAO has been bargaining with civilian labor organizations regarding an alternative to furloughs. During those bargaining sessions labor proposed a separation incentive plan to provide a non-retirement-related cash incentive to retirement-eligible employees to retire.” Thus, the Separation Incentive Program (SIP) was bargained for.

Since the City Council last discussed the item, an October 1, 2020 Report from the CAO was transmitted to the Council. The Report provided “On September 14,2020, the City Council adopted a recommendation to implement 18 furlough days for most civilian employees effective October 11, 2020. These 18 days were a reduction from the original 26 furlough days adopted in the 2020/21 budget. That reduction reflected the Council’s decision to budget $40 Million in the Unallocated Balance to address furlough shortfalls as well as anticipated savings from the City’s Separation Incentive Program (SIP). 

Since then, the CAO has continued to bargain with civilian labor organizations regarding additional cost savings to further delay and/or eliminate the need for furloughs. During those bargaining sessions a tentative agreement was reached with the following key terms: • An 8-hour unpaid day for all civilian employees on Tuesday, November 3, 2020. • An 8-hour unpaid day for all civilian employees on Friday April 2, 2021. • Add a one-time paid eight (8) hour floating holiday to FY 2020/21. • Defer the January 2021 payment of excess sick leave to January 2022. We believe that these additional savings, coupled with anticipated SIP savings and prior contribution of [Joint Labor-Management Benefits Committee (JLMBC)] savings, will enable us to defer further furloughs from October 2020 to January 2021. Finally, additional employees have enrolled in the SIP. We will report back no later than January 2021 on updated projections on SIP savings.”

Thus, in the Report, the CAO recommended “that the City Council: 1. Approve the…attached cost savings Letters of Agreement (LOAs) for the [aforementioned] labor organizations…2. Defer the implementation of furloughs until no earlier than January 17, 2021 (Pay Period 16). 3. Reduce the number of furlough days for FY2020/21 to 11 days. 4. Instruct the City Administrative Officer to report back in January with updated projections on savings from the Separation Incentive Program.”

The matter was referred to the City Council’s Budget and Finance Committee. On October 8, 2020, the Committee waived consideration of the matter. 

Now, Agenda item 28 of the October 13, 2020 City Council meeting calls for the council to “[approve] the…cost saving LOAs…[defer] the implementation of furloughs until no earlier than January 17, 2021 (Pay Period 16)…[reduce] the number of furlough days for FY 2020-21 to 11 days…[and instruct] the CAO to report back in January with updated projections on savings from the Separation Incentive Program [(SIP)]”

We hope these updates are helpful to you.

Fraternally,

SR Holguin, PC

SR Holguin, PC is a union-side labor and employment law firm with nearly four decades of experience representing private sector unions, public sector unions, and multi-employer trust funds. SR Holguin, PC is committed to providing full-service legal representation to each of our clients.

One way in which SR Holguin, PC ensures our clients and their members stay informed is by keeping you updated on recent developments relating to workers’ rights. Today’s updates come following the release of the September 30, 2020 Los Angeles City Council meeting agenda. There is one item in particular that could impact you.

Workers Who Could Be Impacted: Workers throughout the City of Los Angeles

On July 29, 2020, a Motion was introduced by Councilmember Gil Cedillo (1st District) and seconded by Councilmember Monica Rodriguez (7th District). 

The Motion provided in part, “[g]iven the vast economic impacts of the COVID-19 pandemic, many of our city residents have been detrimentally impacted through the loss of their jobs. This unemployment is felt most heavily by those who are not college educated, and who are competing for jobs in a labor market where there are many potential employees and very few job opportunities. Given the economic vulnerability of many of our city residents, feasible land use policies must be explored to incentivize employment opportunities, particularly amongst those employed in service sector occupations.”

Therefore, the Motion called for the “the Council [to] instruct the Planning Department, with the assistance of the City Attorney, to prepare and present an ordinance that requires that every Development Agreement for the construction of any project in the city, include a provision requiring project applicants to enter into an agreement with the city, or whomever is the most appropriate agency, to incorporate a ‘local hire requirement’ into all development projects, thereby ensuring the hiring of local residents, particularly but not limited to those in service sector occupations, living in close proximity to the proposed project site.”

On July 29, 2020, the Motion was referred to the City Council’s Planning and Land Use Management Committee. On September 3, 2020, the Committee approved the Motion and amendment requested by Councilmember Cedillo. The amendment adds language to instruct “that the report include information on the following: a. Prevailing Wage Project. b. The JJJ Projects c. The Development Agreement Projects that have been approved by the City and provide an analysis of how many projects in the City have a mandated State-approved skilled and trained workforce requirement.”

Agenda item 9 of the of the September 30, 2020 Los Angeles City Council meeting calls for the full City Council’s consideration of 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 September 23, 2020 Los Angeles City Council meeting agenda. There is one item in particular that could impact you.

Workers Who Could Be Impacted: City of LA Workers Performing Jobs That Are in the Jurisdiction of the County of LA

On May 19, 2020, a Motion was introduced by Councilmember Monica Rodriguez (7th District) and seconded by Councilmember Paul Krekorian (2nd District).

The Motion provided in part “[a]s the City looks for ways to adequately deliver services while reducing its expenditures, it has also ramped up services related to the ongoing emergency, including a number of which are more in line with the responsibilities of the County of Los Angeles. These include the Fire Department running COVID-19 testing sites, the Department of Recreation and Parks operating temporary homeless shelters, and LAPD providing security at shelter sites. Other departments have also been working hard on the COVID-19 response, and many are performing duties that would be better suited for County departments. As the City continues to address the pandemic and deal with reduced resources, every effort should be taken to ensure that the City is reimbursed for services provided in response to COVID-19, and that City staff are not performing County duties without a plan to hand them off.”

Therefore, the Motion instructed “the City Administrative Officer [to] identify duties currently being performed by City workers as a result of the public health emergency; create a plan to phase City workers out of jobs that are in the jurisdiction of the County where currently possible and make a plan on how to do so for areas that it is not; seek full reimbursement from the County for services provided by City workers that will not be reimbursed by the state or federal governments; and, identify other areas, including in the provision of services to care for the County’s homeless by the Department of Recreation and Parks that would be better handled by the Los Angeles Homeless Services Authority and other County entities as the pandemic continues.”

On May 19, 2020, the Motion was referred to the City Council’s Budget and Finance Committee. However, on June 11, 2020, Council President Nury Martinez (6th District) changed the committee the Motion was referred to, and instead referred it to the City Council’s Ad Hoc Committee on COVID-19 Recovery and Neighborhood Investment.

On September 2, 2020, the City Council’s Ad Hoc Committee on COVID-19 Recovery and Neighborhood Investment held a special meeting to consider the motion. The Committee approved the Motion and forwarded it to the City Council for its consideration.

Agenda item 22 of the of the September 23, 2020 Los Angeles City Council meeting calls for the full City Council’s consideration of 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 September 8, 2020 Los Angeles City Council meeting agenda and supplemental agenda. There is one item in particular that could impact you.

Workers Who Could Be Impacted: Food Delivery Platform Workers in Los Angeles County

Supplemental Agenda Item Number 70-A: “Protecting Food Delivery Workers and Consumers.”

As discussed in a prior post on this site, “[o]n July 21, 2020, the Board of Supervisors approved a motion to consider requiring Food Delivery Network Companies and their drivers to obtain an American National Standard Institute (ANSI) accredited food handler certification to operate in Los Angeles County.”

At the September 15, 2020 LA County Board of Supervisors meeting, a Motion will be introduced by Chair Pro Tem Hilda Solis (1st District) and Supervisor Sheila Kuehl (3rd District). The Motion cites to the July 21, 2020 Motion but then goes on to state “[h]owever, through stakeholder engagement and analysis, other potential solutions have been presented to provide health and safety education more specific to delivery drivers that will help protect both the workers and consumers. In particular, the University of California Berkeley Food Labor Research Center is developing an alternative food safety training model that is specific to food delivery drivers – while also highlighting worker’s rights, public health, LA County Laws & Ordinances, and undocumented worker protections.”

Therefore, the September 15, 2020 Motion would require “relevant [LA County] Departments, and the University of California Berkeley Food Labor Center to evaluate options to develop a standard Food Safety Training Program or other alternative training options that will effectively protect consumers and workers, as well as options to mandate that food delivery platforms operating in the County require delivery employees and independent contractors to take the standard training or other effective alternative trainings, and report to the Board in writing in 60 days. This will be in lieu of the July 21, 2020 motion.”

We hope these updates are helpful to you.

Fraternally,

SR Holguin, PC