preventing retaliation for reporting public health
TRANSCRIPT
Preventing Retaliation for Reporting Public Health Violation Ordinance
Hero Pay OrdinanceMinimum Wage Ordinance (LA County & Santa Monica)
Employee Paid Leave For Expanded Covid-19 Vaccine Access Ordinance
Financial Navigators Program
June 8, 2021
PREVENTING RETALIATION FOR REPORTING PUBLIC HEALTH VIOLATION ORDINANCE(TITLE 11, CHAPTER 11.01)
• Ordinance was passed on November 24, 2020.
No employer may discriminate in any manner or take adverse action against an employee for:
Reporting or Discussing about the Employer’s or other worker’s perceived noncompliance with a Health Officer Order
Belonging to or forming a Public Health Council Informing any Worker of his or her rights under this
OrdinanceExercising any right provided under this Ordinance
WHAT IS RETALIATION?Retaliation is any change or adverse action taken against a worker.Examples of retaliation include, but are not limited to:
• Termination• Demotion• Pay Reduction• Reduction of Hours• Involuntary change of shift time• Involuntary change of workplace
responsibilities
VERIFYING JURISDICTION The Ordinance will apply Countywide, except in cities with their own Health Officer, like Long Beach and Pasadena.You can determine if the work is performed outside of Long Beach and Pasadena by checking with the Los Angeles County Registrar Recorder’s Office at the following link: https://lavote.net/apps/precinctsmapsIf the address does not appear on the Registrar Recorders database, be sure to use any of the links below: http://egis3.lacounty.gov/ravs/3Referral Address Verification System (RAVS) http://planning.lacounty.gov/znetDepartment of Regional Planning (Z -Net)
IDENTIFYING THE WORKER
Any individual who performs any work within the geographic boundaries of the County of Los Angeles, except in cities with their own health officer, such as Long Beach and Pasadena. Independent contractors, volunteers and government employees are excluded from the ordinance.
IDENTIFYING THE EMPLOYERAny person, who directly or indirectly or through an agent or any other person, including through the services of a temporary service or staffing agency or similar entity, employs any Worker or exercises control over the wages, hours, duties, or working conditions of any Worker.
SUBMITTING A COMPLAINT OF RETALIATION FOR REPORTING PUBLIC HEALTH VIOLATIONS
To submit a public health retaliation complaint, workers may contact:
Department of Consumer and Business Affairs • Phone:(800) 593-8222 • Website: dcba.lacounty.gov• Email: [email protected]
Department of Public Health • Email: [email protected]
INVESTIGATION OF COMPLAINTS • The Department of Consumer
and Business Affairs shall act as an agent for the Department of Public Health to investigate and enforce the provisions of the ordinance.
• The Department of Consumer and Business Affairs may issue a finding that an Employer has violated the provisions of the ordinance no later than ONE year after receiving the corresponding complaint.
ADMINISTRATIVE FINE FOR VIOLATION
• DCBA may issue an administrative citation
• Fine up to $10,000 per violation per day
• Employer may contest by filing an administrative hearing
RIGHT OF ACTION TO ENFORCE VIOLATION Any Worker, or County Counsel on behalf
of such Worker, may within 3 years of an Employer’s last act bring action to the Superior Court of the State of California. The Worker can be awarded:
• Hiring or reinstatement to the positions sought or held before the alleged unlawful act, or front pay instead.
• All actual damages including but not limited to lost pay and benefits and noneconomic damages or statutory damages in sum of $10,000 per violation, whichever is greater.
• Punitive Damages.
NOTICE BEFORE INITIATING SUIT
1. The Worker or County Counsel must provide written notice to the Employer of the provisions of this Chapter alleged to have been violated and the facts to support the alleged violations.2. The Employer fails to cure the alleged violations of this Chapter within fifteen (15) business days of receiving such written notice.
COVID-19 HERO PAY ORDINANCE EFFECTIVE: FEBRUARY 26, 2021
LOS ANGELES COUNTY CHAPTER 8.204
Grocery retail and drug retail workers are:• Essential workers• Face exposure to COVID-19• Work has increased• Low-wage earners• Minimal benefits• No luxury of working from
home
Hero Pay Ordinance applies to grocery or drug retail stores that sells primarily food or household goods; or a variety of prescription and non-prescription medicine or miscellaneous items; or is over 85,000 square feet and dedicates 10% or more of its sales floor to groceries or 10% or more of its sale’s floor to drug retail and meets all of ALL of the following requirements: 1. Operates at least one retail grocery store, retail drug store, or large retail store that includes a grocery or drug component to its retail sales in the unincorporated areas; 2. Either is a publicly traded company or employs 300 or more workers nationwide; and 3. Employs more than 10 employees per store.
This Photo by Unknown Author is licensed under CC BY-SA
This ordinance does not apply to public entities, such as federal, state, county; incorporated cities, including school districts and salaried employees who are executive.
The Los Angeles County Hero Pay Ordinance applies to UNINCORPORATED areas of the County of Los AngelesYou can determine if the work is performed within the unincorporated areas of the County by checking with the Los Angeles County Registrar Recorder’s Office at the following link:
https://lavote.net/apps/precinctsmapsIf the address does not appear on the Registrar Recorders database, be sure to use any of the links below:http://egis3.lacounty.gov/ravs/3
Referral Address Verification System (RAVS)http://planning.lacounty.gov/znet
Department of Regional Planning (Z-Net)
• Hero Pay Amount - $5 per hour in addition to the Employee’s Base Wage
• Offsets Prohibited• Election to Receive Hero Pay as Paid Leave
• Must be in writing• Accrues one full hour of paid leave when
the Hero Pay earned totals one hour of the Employee’s Base Wage.
• Credit for Voluntary Hazard Pay
REQUIREMENTS - PAY STATEMENT
The Ordinance requires covered employers include information about Hero Pay on the pay statement for covered employees, including:
• The hourly rate of Hero Pay ($5 per hour) or voluntary hazard pay employer is providing
• The amount of Hero Pay, Paid Leave in lieu of Hero Pay, or voluntary hazard pay earned;
• The number of hours worked that entitled the employee to Hero Pay or voluntary hazard pay in the pay period.
The Ordinance also requires the Los Angeles County Hero Pay Poster to be displayed in a conspicuous and accessible place at every store located within unincorporated areas of the County where every employee works to inform employees of the Hero Pay ordinance and of their rights under this Ordinance.
RETALIATION Retaliation is prohibited when employees exercise their rights under the ordinance.
• DCBA is authorized to investigate complaints of alleged violations of Hero Pay Ordinance
• Issue a wage enforcement order• Assess fines payable to the County
and/or Employee• Where applicable reinstate the
employees to the position the employee was discharged from
This Photo by Unknown Author is licensed under CC BY-SA-NC
An Employee claiming violations may sue in Superior Court of CA within 3 years of the occurrence of the violation and may be awarded:• Reinstatement• Back Pay• All penalties and/or fines• Treble of lost wages and penalties and
reinstatement if retaliated• Interest on all due and unpaid wages• Reasonable attorney fees
WEP TRAINING: 9.8.2020
Beginning July 1, 2022, the minimum wage will be adjusted based on the Consumer Price Index (CPI).
Minimum Wage increases were not delayed due to the COVID-19 emergency.
Employers with 26 or more employees must pay their employees no less than the following hourly rates on the following effective dates:• July 1, 2016 - $10.50• July 1, 2017 - $12.00• July 1, 2018 $13.25• July 1, 2019 - $14.25• July 1, 2020 - $15.00
Employers with 25 or fewer employees must pay their employees no less than the following hourly rates on the following effective dates:• July 1, 2017 - $10.50• July 1, 2018 - $12.00• July 1, 2019 - $13.25• July 1, 2020 - $14.25• July 1, 2021 - $15.00
Effective July 1, 2016, the Los Angeles County Minimum Wage Ordinance applies to:
Employees who perform at least two (2) hours of work in a particular week within the unincorporated areas of Los Angeles County including part-time employees, full time employees and employees that are on probation/training, employees working for non-profit organization, and;Those employees who are entitled to the payment of minimum wage under California minimum wage law. (LC 1197)
You can determine if the work is performed within the unincorporated areas of the County by checking with the Los Angeles County Registrar Recorder’s Office at the following link:https://lavote.net/apps/precinctsmapsIf the address does not appear on the Registrar Recorders database, be sure to use any of the links below:http://egis3.lacounty.gov/ravs/3 Referral Address Verification System (RAVS)http://planning.lacounty.gov/znet Department of Regional Planning (Z-Net)For addresses with “unincorporated” results, please verify jurisdiction with two sources (e.g. Reg-Rec AND RAVS)
LA COUNTY MINIMUM WAGE ORDINANCEPOSTING REQUIREMENTSNotice Requirements (Section 8.101.060(A)) : Every Employer must post in a conspicuous place at any workplace or jobsite located within unincorporated areas of County of Los Angeles a notice informing employees of: The current minimum wage rate; and The employee’s rights under the MWO
If the employer does not have a physical location within the unincorporated areas of the County, the employer must provide the notice each year to the employees who perform work in the unincorporated areas of the County.
Los Angeles County Minimum Wage Enforcement Ordinance gives DCBA the authority to enforce the provisions of the ordinance.
This includes: Unpaid Minimum Wages Retaliation Failure to Post Failure to allow access to payroll records Failure to maintain records
If during the investigation, DCBA WEP Investigator determines a violation of the MWO or the MWEO has occurred then DCBA may issue and serve a Correction Order (CO) to the Employer.The Wage Enforcement Order (WEO) is issued when there is substantiated violations of the County Minimum Wage Ordinance. The employer is required to post the Wage Enforcement Order in a conspicuous place within 24 hours of receipt. The employer, employee or a third party may contest theWage Enforcement Order by filing a Request forReconsideration.
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• The Santa Monica Minimum Wage Ordinance establishes the minimum wage in Santa Monica for employees who perform two or more hours of work in a particular week within the boundaries of the City of Santa Monica.
• You can determine if the work is performed within the boundaries of the City of Santa Monica by checking with the Los Angeles County Registrar Recorder’s Office at the following link: https://lavote.net/apps/precinctsmaps
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Employers with 25 or fewer employees must pay their employees no less than the following hourly rates on the following dates:
• July 1, 2017-$10.50• July 1, 2018-$12.00• July 1, 2019-$13.25• July 1, 2020-$14.25• July 1, 2021-$15.00
Beginning January 1, 2022 and thereafter, the City of Santa Monica will determine the adjusted rates based on the Consumer Price Index (CPI), which will take effect July 1st of that year.
Employers with 26 or more employees must pay their employees no less than the following hourly rates on the following dates:
• July 1, 2016-$10.50• July 1, 2017-$12.00• July 1, 2018-$13.25• July 1, 2019-$14.25• July 1, 2020-$15.00
SANTA MONICA MINIMUM WAGE NOTICE REQUIREMENTS
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Every employer must post in a conspicuous place at any workplace or jobsite where any employee works a posting by the City of Santa Monica informing them:
• Of the current minimum wage rate, and• The employees rights under the Santa Monica Minimum
Wage Ordinance
Every employer must post the notices in English, Spanish and any other language spoken by at least 5% of the employees.At the time of hire, the employer must provide the employee a written notice that contains: the employer’s name, address, and telephone number.
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Hotel Worker is any individual whose primary place of employment is at a hotel and employed by either the hotel directly or someone in contract with the hotel employer.Hotel employers must pay hotel workers:
• July 1, 2016: $13.25• July 1, 2017: $15.66• July 1, 2018: $16.10• July 1, 2019: $16.63• July 1, 2020: $17.13
The hotel minimum wage is aligned with the City of LA Hotel Wage and increases annually by CPI.
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Paid sick leave must begin to accrue at the commencement of the employee’s employment with the employer.• Employers with 26 or more employees
• January 1, 2017: At least 40 hours • January 1, 2018: At least 72 hours • January 1, 2019: At least 72 hours• January 1, 2020: At least 72 hours• January 1, 2021: At least 72 hours
• Employers with 25 or fewer employees• January 1, 2017: At least 32 hours• January 1, 2018: At least 40 hours• January 1, 2019: At least 40 hours• January 1, 2020: At least 40 hours• January 1, 2021: At least 40 hours
Employees accrue one hour for every 30 hours worked. Employers can provide leave up front, and employer plans can be more generous.
SANTA MONICA RECORD KEEPING, STATUTE OF LIMITATIONS, AND RETALIATION PROVISIONS
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Record Keeping:• Every employer must retain payroll records for each employee for no less than three (3)
years.Statute of Limitations:
• Prosecution of any violation or an administrative citation or order must commence within three (3) years after discovery of the violation by law enforcement authorities or the victims to the offense.
Retaliation: • Employer must not take any adverse action against a person within 90 days of the person’s
exercising their rights protected under this law, which will raise a rebuttable presumption that the adverse action taken was in retaliation.
• An urgency Ordinance that requires private employers in the unincorporated areas of the county to provide paid leave for employees to receive COVID-19 vaccine injections.
• Effective Dates - retroactively as of January 1, 2021 up to August 31, 2021.
*Complete text of the Ordinance can be found at 8.205 of the County Code
Must be a full-time/part-time employee (employer has burden to demonstrate that an employee is an independent contractor and not an employee).
Employees must have exhausted ALL available leave time under Labor Code Section 248.2. (Paid Leave Time under this Ordinance shall be in addition to any paid sick leave that may be available to the employee under Labor Code section 246).
Upon request by employer, employees must provide written verification of receipt of the COVID-19 vaccine.
HOURS OF PAID LEAVE ALLOWED
• Full-time employees are given 4 hours per injection
• Part time employees are given prorated amount of 4 hours based on their normally scheduled work hours over the 2 weeks preceding the injection (if they work 10 hours in that 2-week period they get 1 hour).
PAID LEAVE AMOUNT
• An Employee who receives COVID-19 Vaccine Paid Leave shall be compensated at their normal rate of pay.
Employers must display poster
Employers must keep and allow access to
accurate and complete payroll records (for at
least 4 years)
Retaliatory action is prohibited
Employee has private right of action (they can file an action in
Superior Court of the State of CA)
DCBA has the authority to investigate complaints of alleged
violations of this Ordinance
What is the Financial Navigators Program?
The Financial Navigators Program is a partnership with the national nonprofit organization the Cities for Financial Empowerment. This program is in response to the devastating impact that COVID-19 has had on residents’ finances.
Workers in various sectors across the country have been laid off or experiencing reduced hours, have been sick, or are serving as caretakers for family members in need.
Many are unsure of which resources to seek Overwhelmed by multiple sources or information ( media, friends, family, scams, etc.) Confusion around eligibility and prioritization
This service is available to all L.A. County residents.
What is aFinancial Navigator?
A Financial Navigator is NOT a long-term counselor who provides financial advice.
Financial Navigators provide structured guidance that will help residents prioritize financial concerns and mitigate disruptions to their cashflow.
Trained on resources available to the community Triage financial issues Identify referrals to other resources and supports
Financial Navigation Session
The Financial Navigator will ask you a series of questions about your concerns. Some of the topics that may be discussed during the session may include:
Paying for daily expenses Supplementing income Paying back debt Locating food and housing resources Finding special services or resources for you and your family How to stay well and plan ahead
Please note- Financial Navigators cannot provide direct financial assistance like cash or loans.
Both you and the Navigator will prioritize concerns and identify next steps.
Financial Navigation Session
Before the session ends, the Financial Navigator will summarize the conversation to make sure all concerns were addressed.
The Navigator will send a call summary of the discussion via email or SMS/text, which will include any applicable referrals.
If you would like to speak about additional concerns that were not brought up in the session, you may complete another Interest Form.
Service available in English and Spanish. Other languages available through a translation service.
Sign up for the service
Option 1: Visit https://dcba.lacounty.gov/financial-navigators/to complete a short Interest form. Once the Interest form has been completed, you will receive a link via email or
phone to complete an Intake form and give consent.
Option 2: If you need assistance in completing the form, you may call 800-593-8222 and a counselor can assist you.
A Financial Navigator will follow-up with you within 48 hours after the Interest form has been submitted.
Interest Form
Interest Form
Simple and easy to complete!
After Interest Form is submitted
After Interest Form is submitted
Consent to Services
Text
When should I contact a Financial Navigator?
Contact us if you have any of the following financial concerns: o support managing debto information on programs that are providing cash/emergency loanso need foodo need assistance with looking for/applying for health insuranceo need help budgeting for daily expenseso need help on rebuilding credit/ accessing creditomay benefit from long-term financial counseling or coachingo child care serviceso utilities hardshipo job search and skills buildingo debt consolidation
Please note- This is not a comprehensive list.
Have questions?
For more information on the program or to submit an Interest Form visit https://dcba.lacounty.gov/financial-navigators/
Contact: Yarelis Talavera [email protected]
@LACountyDCBA@LACountyCFE @LACountyDCBA @LACountyDCBA
Financial Navigatorsdcba.lacounty.gov/financial-navigators
Email:[email protected]
Wage [email protected]
[email protected]@dcba.lacounty.gov
QUESTIONS?Contact us:
dcba.lacounty.gov(800) 593-8222