Employees Association Employees Association

New EA Mailing Address!

We have a new mailing address!  Our new address is:

P.O. Box 192645, San Francisco, CA 94119

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Employees Association Employees Association

Results of the Grievance Vote

Membership has approved to move forward with spending in excess of $5,000 to resolve this grievance.  With the addendum added yesterday, there will be another membership vote if the funding for this grievance is expected to exceed $50,000.  Thank you all who participated.  Voting results are below:

Yes: 68.42%

No: 31.58%.  

Click here to see a summary of the results  

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Employees Association Employees Association

Amendment to Class action LTE Vote

Dear members, 

At the special membership meeting today, an amendment to today's vote was added.  The current vote is so the EA can pursue this grievance in excess of $5,000.  Today we added the amendment that if this vote passes, we will hold another membership vote for funding if the cost of this grievance is expected to exceed $50,000.   Please consider this amendment when you vote.  In, addition, on our grievance section of the webpage we will keep members updated on the current grievance costs all grievances.   Thank you.  

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Employees Association Employees Association

Special membership meeting May 25

Dear EA members,

We will be having another SpecialEA Membership meeting on May 25 to vote on funding for the class action LTE grievance. In preparation for the May 25 membership meeting, we have posted background information about the grievances here on our website. The password to view the document is: 

 

Please review the document and if you have questions, please email me at eapresident2015@gmail.com by Friday, May 20. We will post the questions on the webpage along with our responses by Monday, May 23. We realize there are a lot of questions and concerns over the LTE issue and we are trying to do our best to address these concerns while being as transparent as possible. 

 

Thank you,

Chris Coelho, EA President

 

 

 

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Employees Association Employees Association

San Francisco's New Parental Paid Leave Law

Here is information about SF's new parental paid leave law from Alliant Employee Benefits:

2016-04

San Francisco Adopts Full Pay for Certain Parental Leaves
On April 5, 2016, the San Francisco Board of Supervisors adopted an Ordinance requiring certain employers to supplement existing state wage replacement programs covering baby bonding time. Under the Ordinance, Qualifying Employees of Covered Employers will receive 100% of their wages (55% from the state and 45% from their employer) during six weeks of baby bonding time. This requirement begins in January 2017 for larger employers (50+ employees) and expands to smaller employers (20+ employees) in July 2017. The details of the Ordinance are discussed below.
                                                                                          
Background                                                                               
 
In addition to state and federal leave entitlements,[1] the California Paid Family Leave (PFL) program provides for partial wage replacement for employees while taking time off from work to bond with a newborn baby, newly adopted child, or new foster child. PFL provides up to six weeks of 55% wage replacement each year funded by employee payroll contributions. Notably, PFL does not create an independent leave entitlement but is a wage replacement program for employees on unpaid leave for baby bonding either required under state law or otherwise authorized by the employer.
 
Paid Parental Leave Ordinance Requirements
 
The Ordinance requires San Francisco employers with 50 or more employees to provide additional partial wage replacement to employees covered under the California PFL program. It requires employers to provide the remaining portion (45%) of the employee's normal gross weekly wages (Supplemental Compensation) during the six-week leave period. In essence, this requirement gives Covered Employees a combined 100% wage replacement during this time, funded partially by the state and partially by the Covered Employer. On July 1, 2017, the wage replacement requirement will expand to employers with 20 or more employees. 
 
As is the case with the various San Francisco employer ordinances, the definitions of Covered Employer and Employee are critical to understanding the reach and requirements of this new law. Those definitions are:
 
"Covered Employee" - An person employed by a Covered Employer, including but not limited to part-time and temporary  employee, who: (1) commenced employment with the Covered Employer at least 90 days prior to the start of the leave period, (2) performs at least eight hours of work per week for the employer within the geographic boundaries of the City or County of San Francisco, (3) has at least 40% of total weekly hours worked for the employer are within the geographic boundaries of the City or County of San Francisco, and (4) is eligible to receive paid family leave compensation under the California PFL law for the purpose of bonding with a new child.
 
"Covered Employer" - Effective January 1, 2017, an employer with 50 or more employees, regardless of location. Effective July 1, 2017, an employer with 20 or more employees, regardless of location. Governmental entities, including the City and County of San Francisco, are exempt.[2]
 
Use of Unused, Accrued Vacation Leave
 
To be eligible to receive Supplemental Compensation under the Ordinance, an employer may choose to use up to two weeks of the employee's unused, accrued vacation leave to help satisfy the employer's obligation to pay Supplemental Compensation during the leave period. The California PFL program allows an employer to require an employee to use up to two weeks of vacation time. If the employer exercises that option under State law, the employee must first take two weeks of vacation before starting the six-week family leave period, resulting in a total of eight weeks of leave (assuming 2 weeks of vacation time and 6 weeks of additional unpaid leave). Given the interrelated nature of California PFL and the Ordinance, the Ordinance essentially provides that the employer can use that vacation time or PTO as a credit against the 45% wage replacement it would owe under the Ordinance. Additional clarifying or confirming guidance on how these provisions are intended to interact would be welcome.
 
Fluctuating Hours or Wages
 
Where someone’s weekly hours fluctuate, whether they meet the eight-hour and 40% threshold requirements is determined using an average of weekly hours worked for the Covered Employer during the three monthly pay periods, six bi-weekly or semi-monthly pay periods or 12 weekly pay periods immediately preceding the start of PFL. If the person was on unpaid leave during any of those pay periods, they do not count towards the average. Instead, additional earlier corresponding pay periods must be factored in (but not pay periods earlier than 26 weeks prior to the PFL period).
 
If a Covered Employee's weekly wage fluctuates, the employee's normal gross weekly wage is calculated based on an average of the employee's weekly earnings from the Covered Employer during the three monthly pay periods, six bi-weekly or semi-monthly pay periods, or 12 weekly pay periods immediately preceding the start of PFL. If the employee was on unpaid leave, those pay period(s) do not count towards the average. Instead, the average is calculated using additional earlier pay periods (but not pay periods earlier than 26 weeks prior to the PFL period).
 
If the PFL amount the employee is receiving is based on earnings from a calendar quarter during which the employee did not work for the Covered Employer or during which the employee earned a higher weekly wage from the Covered Employer than the employee is receiving at the time of leave, the Supplemental Compensation amount is calculated to provide 100% of the employee's normal gross weekly wage in his or her current position.
 
Multiple Employer Responsibility
 
If an employee has multiple Covered Employers, the Supplemental Compensation amount will be apportioned between or among the Employers based on the percentage of the employee's total gross weekly wages received from each employer. If an employee works for a Covered Employer and a non-Covered Employer, the Covered Employer is only responsible for its percentage of the employee's total gross weekly wages.
 
Maximum Weekly Benefit Limitation
 
California PFL places a cap on the 55% weekly benefit amount for higher-earning workers. As of January 1, 2016, the State's "maximum weekly benefit amount" is $1,129, which represents 55% of a person's weekly wages based on an annual salary of approximately $106,740. Employees who earn more than $106,740 per year therefore do not receive the full 55% of their salary under the State program. An employer's Supplemental Contribution obligation under the Ordinance is proportionally capped by reference to the State maximum weekly benefit amount. Using the 2016 State rates, an employer's maximum weekly Supplemental Compensation amount under the Ordinance would be $924 per week.[3]
 
Reimbursement
 
Under the Ordinance, an employee can be asked to sign a form agreeing to reimburse the full amount of Supplemental Compensation received from any Covered Employer(s) if the employee voluntarily separates from employment within 90 days of the end of the employee's leave period and if the Employer requests reimbursement in writing.
 
Prohibited Retaliation
 
Retaliation is expressly prohibited by the Ordinance. The Ordinance specifically provides that reducing an employee's wages during the leave period or within 90 days of the employee applying for PFL would give rise to a rebuttable presumption that it was done for purposes of reducing the amount of Supplemental Compensation required under the Ordinance. Terminating an employee within 90 days of the employee applying for PFL would also give rise to a rebuttable presumption that it was done for purposes of avoiding the employer's Supplemental Compensation obligation under this Ordinance. Lastly, if an employer terminates an employee during the leave period, the employer is required to pay Supplemental Compensation for the remainder of the leave period.
 
Collective Bargaining Agreements
 
The Ordinance does not apply to employees covered by a bona fide collective bargaining agreement (CBA) if such requirements are expressly waived in the agreement. In addition, the Ordinance does not apply to CBAs entered into before the effective date of the Ordinance until the CBA is either extended or expires. Employers should review any prospective collectively bargained agreements accordingly.
 
Recordkeeping, Notice Requirements, and Enforcement
 
The Office of Labor Standards Enforcement ("OLSE") is tasked with implementing and enforcing the Ordinance. Employers are required to retain records pertaining to the payment of Supplemental Compensation for three years and make records available to OLSE on request. Employers will also be required to post a notice in the workplace informing employees of their rights under the Ordinance. In addition to civil enforcement actions, OLSE is authorized to issue penalties to Covered Employers. If Supplemental Compensation was unlawfully withheld the employer must pay the dollar amount of Supplemental Compensation withheld from the employee multiplied by three, or $250.00, whichever amount is greater. In addition, if another violation occurs, such as a failure to post the required notice or an act of retaliation, the penalty will include an additional $50.00 paid to each employee or person whose rights were violated for each day. 
 
Conclusion
 
This is a significant new requirement for Covered Employers with far reaching financial and administrative implications.  Employers should work with employment counsel to build policies and procedures to comply with the Ordinance. Note that subsequent guidance is likely to be issued very soon to flesh out employer requirements in advance of the initial January 2017 compliance deadline.
Compliance Alert is presented by the Compliance Practice Group of Alliant Employee Benefits
CA License No. 0C36861
© 2016 Alliant Employee Benefits, a division of Alliant Insurance Services, Inc. All rights reserved.

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Employees Association Employees Association

From MTC: Signed, Sealed & Delivered

On the afternoon of April 18, 2016, the California State Fire Marshal — who performs construction inspections for new and remodeled buildings to ensure compliance with fire and life safety requirements – did a final walk-through at 375 Beale and then issued our long-anticipated Certificate of Occupancy.

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Employees Association Employees Association

EA Tour of Beale Street March 30, 2016

Video from tour of new building on March 30, 2016.  Enjoy!

https://drive.google.com/file/d/0ByaeeziZQyZ0REVSZXBEUzVqWXc/view?usp=sharing

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Employees Association Employees Association

375 Beale Street Blog

Stay updated with the latest news and photos: 

https://375beale.wordpress.com/

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Employees Association Employees Association

Audit 2014

The EA Financial Committee completed an audit for the year 2014.  The 2014 audit report can be found under the Documents section under "other documents"  

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Employees Association Employees Association

MTC, ABAG Talk Merger

A sign of things to come?  

http://www.independentnews.com/news/mtc-abag-talk-about-merger-as-cities-look-on/article_9c34ee1e-88e4-11e5-832b-5fdc146c5370.html

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Employees Association Employees Association

Welcome to the new webpage!

Hi everyone,

I'd like to officially welcome you to our new website.  Please take your time to check out all the pages, documents and pictures.  In addition, in anticipation of tomorrow's meeting we have put the Staff Specialist information on it's own page.  Just click on the Staff Specialist Page and then each document is hyperlinked.  We plan on frequently updating this site, so check back often.  Reminder our meeting is tomorrow on the 7th floor at 12:15.  See you then.   

 

 

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Employees Association Employees Association

Union Power and Inequality

An interesting, yet not surprising study on Union power and income.

http://www.voxeu.org/article/union-power-and-inequality

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Employees Association Employees Association

EA Picnic 2015

Thanks everyone for making this years picnic a success! [image: Inline image 1]

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Employees Association Employees Association

Pensions at stake?

The Voter Empowerment Act has entered into signature stage. "This measure would eliminate constitutional protections for the retirement security of both existing and future public servants".

http://www.contracostatimes.com/california/ci_28925869/former-mayors-san-jose-and-san-diego-unveil

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Employees Association Employees Association

New State Assembly bill will eliminate MTC and Bay Area Toll Authority

Things to watch in terms of the building move.  

“This hostile takeover is a terrible idea. The public would be better served if MTC focused on Bay Area highways and roads instead of empire building,” said Assembly member Levine."

http://asmdc.org/members/a10/newsroom/press-releases/assemblymember-levine-proposes-transparent-accountable-bay-area-transportation-commission

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Employees Association Employees Association

Picnic sneak peak

Getting ready for Saturday

[image: Inline image 1]

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Employees Association Employees Association

September Board Meeting Agenda, take 2

AGENDA - EA Board of Directors’ Meeting Wednesday, September 9, 2015, 11:45 AM to 1:00 PM 3rd Floor Main Conference Room

Call to Order and Roll Call (6 board members constitute a quorum).

Adoption of Minutes Draft minutes for the regular board meeting on August 12, 2015 be considered.

  1. Unfinished Business a. Elections / Nominating Committee – Julian Elliot b. By-Laws Revisions

  2. Interim Bargaining and Meet & Confer a. Building move impacts b. Staff Specialist Position

  3. Other Committee Reports a. Treasurer’s Report – Joseph D. b. Grievance Committee – Chris i. employee control numbers ii. HR Administrative Assistant transfer b. EA Voice – Chris C., Ruby W. c. Social – Chris C. d. By-Laws – John F. e. Finance Committee f. Archive Committee – Chris C.

  4. Correspondence

  5. New Business a.

  6. Adjournment

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