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 24, 2020 Los Angeles County Board of Supervisors Meeting agenda and supplemental agenda. There are 2 items in particular that could impact you.
Workers Who Could be Impacted: Workers Throughout Los Angeles County (except Long Beach and Pasadena)
Revised Agenda Items 26 and 36 “Urgency Ordinance Amending County Code, Title 11- Health and Safety”
Agenda items 26 and 36 are identical with the exception that agenda item 26 is filed as an Administrative Matter, and agenda item 36 lists the matter as an Ordinance for Adoption.
As discussed in a prior post on November 10, 2020, a Motion was introduced by Supervisor Sheila Kuehl (3rd District) and Supervisor Mark Ridley-Thomas (2nd District). The Motion called for, in part, the “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.”
The Acting County Council sent a Revised Letter dated November 20, 2020 to the Board entitled Urgency Ordinance Adding Los Angeles County Code Title 11, Division 1, Chapter 11.01 (Preventing Retaliation for Reporting Public Health Violations).” The Letter provided in part “[a]s directed by your Board…County Counsel, in consultation with the Department of Public Health and the Department of Consumer and Business Affairs, drafted the enclosed ordinance: (1) prohibiting retaliation against employees, (‘Workers’) for discussing or reporting Health Officer Order violations to the Department of Public Health or others; and (2) creating a right of action for retaliation for Workers and for County Counsel… the proposed Ordinance protects Workers by prohibiting retaliation against them for reporting or discussing violations of Health Officer Orders or participating in a Public Health Council. In addition, the proposed Ordinance signals the County’s seriousness about protecting Workers by providing for penalties (up to $10,000 per violation) and creating a right of action for retaliation for Workers and for County Counsel, including the right to attorneys’ fees to the prevailing party.”
The Ordinance provides more detail about what is considered retaliation in stating “[n]o Employer may discriminate in any manner or take adverse action, including but not limited to termination, constructive termination, demotion, pay reduction, or reduction in hours, against any Worker in retaliation.”
Now, revised agenda items 26 and 36 call for the Board to adopt the urgency ordinance. Upon adoption by at least a four-fifths vote, the urgency ordinance would take immediate effect.
We hope these updates are helpful to you.
Fraternally,
SR Holguin, PC