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. There are two items in particular that could impact you.
1. 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 a prior post on this site, 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.
According to a Report from the City Attorney, to effectuate the SIP an ordinance must be adopted that “would amend Chapter 10 of Division 4 of the Los Angeles Administrative Code (LAAC) to enable the Los Angeles City Employees’ Retirement System (LACERS) to set the effective retirement dates for Citywide Separation Incentive Program (City SIP) retirement applicants. The draft ordinance would also create a three-month retirement abeyance period during which LACERS members could not apply for non-City SIP retirements. Finally, the draft ordinance would make clear that once an applicant has entered into a final agreement with the [City Administrative Officer (CAO)] to retire under the City SIP, they may not withdraw their retirement application from LACERS and shall be deemed to have agreed to the processing provisions set forth in this ordinance. The purpose of the draft ordinance is to provide LACERS with additional flexibility to manage the processing of retirements under the City SIP to effectuate the City’s goal of maximizing payroll savings while minimizing adverse impacts on the provision of City services.
The draft ordinance grants LACERS this additional administrative flexibility in several ways. First, it temporarily relieves LACERS from adhering to the general requirements of LAAC Section 4.1005 that LACERS: (1) effectuate the personally-preferred retirement effective date identified by each individual employee; and (2) process applications in a manner that ensures a member’s retirement effective date is no fewer than 30 and no more than 60 days from the date upon which the application is received. Instead, it authorizes LACERS to prioritize processing City SIP retirements so as to maximize the payroll savings that are the impetus for the City SIP.”
As such, agenda item 15 of the September 8, 2020 LA City Council meeting calls for the full Council to consider and adopt the Ordinance.
2. Workers Who Could Be Impacted: California Garment Workers
As discussed in more detail in a prior post on this site, at the July 1, 2020 LA City Council meeting a Resolution was introduced by Councilmember Gil Cedillo (1st District) and Seconded by Council President Nury Martinez (6th District) to support Senate Bill 1399 (Durazo).
SB 1399 entitled “Employment: garment manufacturing” is a California State Senate Bill (SB) authored by Senator María Elena Durazo (24th Senate District- Los Angeles) and coauthored by Assemblymember Lorena Gonzalez (80th Assembly District- San Diego).
According to Councilmember Cedillo’s Resolution, SB 1399 would “provide protections for garment workers including prohibiting the practice of piece-rate compensation and requiring garment manufacturers and contractors to jointly share legal responsibility for their workers.”
Following the July 1, 2020 LA City Council meeting, the Resolution was referred to the Rules, Elections, and Intergovernmental Relations Committee. However, the Committee waived consideration of the matter.
As such, agenda item 21 of the September 8, 2020 LA City Council meeting calls for the full Council to consider the Resolution. According to the agenda, it is recommended that the Council “Adopt the accompanying Resolution to include in the City’s 2019-20 State Legislative Program Support for SB 1399 (Durazo).” If the City Council adopts the Resolution and the Mayor concurs, the official position of the City of Los Angeles will be to support SB 1199 (Durazo).
We hope these updates are helpful to you.
Fraternally,
SR Holguin, PC
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