To: Sonoma County Board of Supervisors
Department or Agency Name(s): District Attorney
Staff Name and Phone Number: Gina Michelon 565-3893
Vote Requirement: 4/5th
Supervisorial District(s): Countywide
Title:
Title
District Attorney 2024-25 Workers’ Rights Enforcement Grant Program - $147,275 Awarded from the California Department of Industrial Relations, Award Number 23WREG-17
End
Recommended Action:
Recommended action
Adopt two Resolutions the District Attorney or their designee to execute a grant agreement with the California Department of Industrial Relations to participate in the Workers’ Rights Enforcement Grant Program and accept $147,275 in grant funding and execute any future amendments or extensions to the Grant Award Agreement including rollover funding from prior year or increased funding allocation and appropriation adjustments. (4/5th Vote Required)
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Executive Summary:
The District Attorney’s Office requests Board approval to sign a contract to participate in the Workers’ Rights Enforcement Grant Program funded by the California Department of Industrial Relations, and to execute any future amendments or extensions to the Grant Award Agreement including rollover funding from prior year or increased funding allocation adjustments to appropriations. The total award amount is $147,275 and the term of the grant is from August 1, 2024, to July 31, 2025.
The objective of this grant is to implement a wage theft enforcement program. The work will be handled by the District Attorney’s Environmental and Consumer Law Division (ECLD) using grant funds and does not require any General Fund support.
The staff assigned to this grant program will consist of a portion of an existing 1.0 FTE DDA, 1.0 FTE DAI, and 1.0 FTE Department Analyst. Also included is funding for a required annual audit. The funding should be sufficient to cover the costs involved in the District Attorney’s Office’s Workers’ Rights Enforcement Grant prosecution work.
Discussion:
Major underground business categories with the most rampant labor law violations in California include agriculture, garment manufacture, construction, car washes, and restaurants. Construction, agriculture, and service industries employ a large portion of Sonoma County workers and are of particular relevance locally. Some of our biggest employers are in those business sectors. According to the Polaris Report - Labor Trafficking in Agriculture 2022, Sonoma County ranked second in California for reported potential labor trafficking victims in agriculture with 104, between 2015 and 2021. A July 25, 2023, KQED.org article detailed a settlement between a vineyard company and its former workers over abuses such as verbal harassment from supervisors, being denied shade, and not always receiving breaks and lunch periods.
Many employees in these sectors are part-time and seasonal workers, frequently “off” the books and paid in cash. This system affects how employees are classified and treated, leaving many workers susceptible to exploitation.
When employers do not provide wages or other benefits required by law, they negatively impact workers by denying earned income to integral members of our community who have difficulty making ends meet. Wage theft also affects responsible employers who are effectively punished for following the law and who are undercut while trying to compete in the marketplace. Wage theft and labor law violations ultimately hurt the economy and the public because they also avoid paying their fair share of taxes.
In response to the increase in wage theft violations, California State Assembly Bill 102 established the Workers’ Rights Enforcement Grant Program, which provides funding to public prosecutors to assist workers in combating wage theft, prevents unfair competition, and protects state revenue. The District Attorney’s Office applied to participate in this program on March 28, 2024, and the award was granted on May 16, 2024. With these funds, the District Attorney will establish the Wage Theft and Labor Justice Unit, a specialized unit addressing workplace rights cases. The Wage Theft and Labor Justice Unit will set out to achieve the following goals: 1) develop the procedures necessary to successfully establish, implement, and track the grant program; 2) strengthen investigations and prosecutions of workers’ rights violations; 3) maximize financial recovery to workers; and 4) reduce recidivism among employers charged with workers’ rights violations in Sonoma County.
The project will utilize Penal Code Section 487m, which enables the state to prosecute instances of wage theft as grand theft if the underpaid wages exceed $950 from any one employee or $2,350 in the aggregate from two or more employees by an employer in any consecutive 12-month period. Collaboration with community partners, local law enforcement, and government agencies will encourage the sharing of information and reporting of incidents to identify repeat offenders who can be held accountable to a greater degree under Penal Code §487m.
The District Attorney’s Office will comply with the annual audit requirement by contracting with an outside, independent auditor.
Strategic Plan:
N/A
Racial Equity:
Was this item identified as an opportunity to apply the Racial Equity Toolkit?
No
Prior Board Actions:
N/A
Fiscal Summary
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Expenditures |
FY24-25 Adopted |
FY25-26 Projected |
FY26-27 Projected |
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Budgeted Expenses |
|
|
|
|
Additional Appropriation Requested |
$135,002 |
$12,273 |
|
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Total Expenditures |
$135,002 |
$12,273 |
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Funding Sources |
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General Fund/WA GF |
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State/Federal |
$135,002 |
$12,273 |
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Fees/Other |
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Use of Fund Balance |
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General Fund Contingencies |
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Total Sources |
$135,002 |
$12,273 |
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Narrative Explanation of Fiscal Impacts:
Grant funds will be distributed throughout the grant term which spans most of FY 24/25 and ends after the first month of FY 25/26. Assigned staff will cost code their time when working on Workers’ Rights Enforcement related tasks so that their associated costs will be paid for with these grant funds. There is no impact to the Sonoma County General Fund. The District Attorney’s Office will apply for annual grant renewals in future fiscal years.
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Staffing Impacts: |
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Position Title (Payroll Classification) |
Monthly Salary Range (A-I Step) |
Additions (Number) |
Deletions (Number) |
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Narrative Explanation of Staffing Impacts (If Required):
There is no staffing impact.
Attachments:
Program Resolution
Grant Award Agreement
Budget Resolution
Related Items “On File” with the Clerk of the Board:
N/A