Final Production Set p2 Permanent Redactions PDF

'
-----Original Message----From: Parker, Barbara [mailto:BParker@oaklandcityattorney.org]

Sent: Friday, October 16, 2015 9:33 AM
To: Schaaf, Libby;
; Barnes, Deborah
Cc: Moss, Tomiquia
Subject: RE: Oakland Sick Leave
We will review the ordinance and determine options and procedures and get back to
you ASAP. This is egregious.
-----Original Message----From: Libby Schaaf [mailto:libbyforoakland@gmail.com]
To:
; Barnes, Deborah
Cc: Parker, Barbara; Moss, Tomiquia
Subject: Re: Oakland Sick Leave
This is serious!
Deborah Please advise how we proceed.
Sent from my iPhone
wrote:
> On Oct 16, 2015, at 7:46 AM,
>
> Libby,
> It's come to my attention that Schintzer Steel is not adhering to the sick leave law in
any form or fashion.
> There is a large Hispanic component working there and I am quite sure they will not
come forward to file complaints.
> Who can I get from the city to investigate ?
> I appreciate any help you can give me.
>
>
From:
Sent:
To:
CC:
Subject:
"Barnes, Deborah" <DBarnes@oaklandnet.com>

10/16/2015 5:42:37 PM +0000
"Schaaf, Libby" <CITY OF OAKLAND/CITY ATTORNEY'S
OFFICE/RECIPIENTS/LIBBYSCHAAF>; "
"Parker, Barbara" <CITY OF OAKLAND/CITY ATTORNEY'S
OFFICE/RECIPIENTS/PARKE9B>; "Moss, Tomiquia" <CITY OF
OAKLAND/EXTERNAL
(FYDIBOHF25SPDLT)/RECIPIENTS/5A2B91B974704996A42193DEFEE89821>;
"Landreth, Sabrina" <CITY OF OAKLAND/EXTERNAL
(FYDIBOHF25SPDLT)/RECIPIENTS/LANDRETH, SABRINA1E2>; "Hom,
Stephanie" <CITY OF OAKLAND/EXTERNAL
(FYDIBOHF25SPDLT)/RECIPIENTS/HOM, STEPHANIE9C5>; "Cook, Allyson E."
<CITY OF OAKLAND/CITY ATTORNEY'S OFFICE/RECIPIENTS/COOK9A>
RE: Oakland Sick Leave
Hi Mayor Schaaf,
To get this started, we need a compliant form completed by either Brian or at
least one employee. Either may submit as an anonymous complaint.
The complaint form is critical to understanding the nature of the compliant.
From there, we will conduct an unannounced site visit and interview all
employees.
We request in writing all pay records and a time line for submitting the records.
The data will be assessed and a determination made.
A written determination will be forwarded to the employer and the employees.
If you dont mind, Matt Berens and Ron San Miguel will follow up with Brian via email
and forward the complaint form.
Deb
Deborah Lusk-Barnes
Director, Contracts and Compliance
Office of the City Administrator
250 Frank Ogawa Plaza
Oakland, California 94612
(510) 238-6270

To:
; Barnes, Deborah
Cc: Barbara Parker; Moss, Tomiquia

This is serious!
Deborah Please advise how we proceed.
Sent from my iPhone
> On Oct 16, 2015, at 7:46 AM,
wrote:
>
> Libby,
> It's come to my attention that Schintzer Steel is not adhering to the sick leave law in
any form or fashion.
> There is a large Hispanic component working there and I am quite sure they will not
come forward to file complaints.
> Who can I get from the city to investigate ?
> I appreciate any help you can give me.
>
>
From: Nickole Mariona [mailto:nmariona@LCCR.com]

Sent: Thursday, October 08, 2015 1:51 PM
To: Villarreal, Susana
Cc: evapena1179@yahoo.com; Christine Noma (CNoma@wendel.com)
Subject: RE: Today's Legal Clinic
Hi Susana,
Unfortunately, we wont have an employment lawyer present at the clinic tonight,

but they are more than welcomed to attend if they need a contract reviewed or if
they have entity questions.
Thanks,
Nickole
From: Villarreal, Susana [mailto:SVillarreal@oaklandnet.com]

Sent: Thursday, October 08, 2015 1:47 PM
To: Nickole Mariona
Cc: evapena1179@yahoo.com; Christine Noma (CNoma@wendel.com)
Subject: RE: Today's Legal Clinic
Hi Mariona,
I just registered Eva Pena, daughter of the owners of Pena Bakeries in Oakland for tonights
Legal Clinic. I or other staff can help with the interpretation of the sick leave law and how it
pertains to her employee. I believe an attorney with Employment Law would help. Here is some
background:
I hope my email finds you well. I am reaching out to you because at the Monthly
Merchant Meeting the Pena family (Don Ramon and his family who own the Pena
Bakeries) came to me with some legal issues around one of their employees. Please
see the attached letter they received from their employee. In a nutshell, the
employee was working 8 hours, but with the wage increase, was lowered to 6 hours.
She demands her 8 hours and I think that unless they signed a contract promising
her full time, they can change her hours as they please, which is common in a
fluctuating market. She then had eye surgery and requested her paid medical leave,
which the Penas do not object to paying. However, she went to Centro Legal de la
Raza and has referred a couple CA Labor Laws in reference to her case. She is
requesting a copy of her entire work history with the Penas and sites a couple laws
that say they can get fined if they do not provide it to her in a timely manner. They
are looking for the records, but being a small mom and pop shop, up until some
years ago, they didnt pay her with check nor did they have formal tracking of their
employees. Please advise, Eva Pena is included in this email. I believe they would
prefer an in person meeting as Don Ramon Pena doesnt have an email. Thank you
for all the work you do.
Please let me know if you have any questions,

Thanks,
Susana
From: Villarreal, Susana

Sent: Thursday, October 08, 2015 11:34 AM
To: Nickole Mariona
Subject: Re: Today's Legal Clinic
Great I do have someone and will get back to you.

Sent from my iPhone
On Oct 8, 2015, at 11:00 AM, Nickole Mariona <nmariona@LCCR.com> wrote:
Hi Susana,
Hope you are doing well! I wanted to see if anyone has gone to the BAC
and wanted to attend the clinic and have not signed up? We have an
incredibly low number of registrants for the clinic tonight so we are
allowing walk-ins. So if you have anyone coming into your office today
wanting to meet with an attorney about their business legal needs you
can tell them to attend today!
See you later!
Nickole
Nickole Mariona
Legal Services for Entrepreneurs Fellow
131 Steuart St, Suite 400
San Francisco, CA 94105
(415) 543-9444 x217
nmariona@lccr.com
If this email is spam, report it to www.OnlyMyEmail.com
From:
Sent:
To:
CC:
Subject:
Attachments:

10/16/2015 6:37:06 PM +0000
"Moss, Tomiquia" <CITY OF OAKLAND/EXTERNAL
(FYDIBOHF25SPDLT)/RECIPIENTS/5A2B91B974704996A42193DEFE
E89821>; "Cook, Allyson E." <CITY OF OAKLAND/CITY ATTORNEY'S
OFFICE/RECIPIENTS/COOK9A>; "Berens, Matt" <CITY OF
OAKLAND/EXTERNAL
(FYDIBOHF25SPDLT)/RECIPIENTS/3E11706D4BB44AE693B7D65BE
A444186>; "San Miguel, Ron" <CITY OF OAKLAND/EXTERNAL
(FYDIBOHF25SPDLT)/RECIPIENTS/RON SAN MIGUEL621>; "Parker,
Barbara" <CITY OF OAKLAND/CITY ATTORNEY'S
OFFICE/RECIPIENTS/PARKE9B>; "Schaaf, Libby" <CITY OF
OAKLAND/CITY ATTORNEY'S OFFICE/RECIPIENTS/LIBBYSCHAAF>;
"Landreth, Sabrina" <CITY OF OAKLAND/EXTERNAL
(FYDIBOHF25SPDLT)/RECIPIENTS/LANDRETH, SABRINA1E2>;
"Hom, Stephanie" <CITY OF OAKLAND/EXTERNAL
(FYDIBOHF25SPDLT)/RECIPIENTS/HOM, STEPHANIE9C5>
RE: Oakland Sick Leave
MinimumWageComplaintdocx.docx; Minimum_Wage_form_Spanish.pdf
Hello
My name is Deb Barnes and my office is responsible for enforcing Measure FF. We are happy to follow up and investigate this claim.
To help get this started, I wonder, is it possible to have one employee or you provide us with some detail regarding the complaint? We
accept anonymous complaints? If an employee is not willing to complete the complaint form, would you mind completing it on their
behalf? It is important to understand the scope of the compliant.
Matt Berens and Ron San Miguel are out in Fruitvale today going businesses to business to explain and discuss Measure FF. They
will be back this afternoon and will follow up with you to make sure we have basic information in order to move forward.
In the mean time, for your convenience, I have attached the compliant form in English and Spanish. Please feel free to contact me if
you have any questions or concerns.
Thanks for bringing this to our attention,
Deb
Deborah Lusk-Barnes
(510) 238-6270
-----Original Message----From: Parker, Barbara [mailto:BParker@oaklandcityattorney.org]

To: Schaaf, Libby;
; Barnes, Deborah
Cc: Moss, Tomiquia
Subject: RE: Oakland Sick Leave
We will review the ordinance and determine options and procedures and get back to you ASAP. This is egregious.
To:
; Barnes, Deborah
Cc: Parker, Barbara; Moss, Tomiquia
From:
Sent:
To:
CC:
Subject:
"Berens, Matt" <MBerens@oaklandnet.com>

7/21/2015 4:46:36 PM +0000
Nickolas Rice <Nrice@mbt-law.com>
"Barnes, Deborah" <CITY OF OAKLAND/EXTERNAL
(FYDIBOHF25SPDLT)/RECIPIENTS/FD35A3A31191401F842697F2D3651182>
; "Cook, Allyson E." <CITY OF OAKLAND/CITY ATTORNEY'S
OFFICE/RECIPIENTS/COOK9A>
RE: Oakland Minimum Wage Ordinance -- Notice of Complaint & Request for
Documentation
Hello Mr. Rice,
Per our conversation yesterday 7/20, a time extension will be granted (time to be
determined). We will send another email regarding the time extension shortly and a
certified letter will be sent to your office regarding this information.
Matt Berens
Minimum Wage Enforcement Officer
Office of the City Administrator:
Division of Contracts and Compliance
City of Oakland
250 Frank Ogawa Plaza: Suite 3341
Phone: 510.238.7735
Fax: 510.238.3363
mberens@oaklandnet.com
www.oaklandnet.com
From: Nickolas Rice [mailto:Nrice@mbt-law.com]

Sent: Monday, July 20, 2015 1:44 PM
To: Berens, Matt
Cc: Emilie Dazley
Subject: Oakland Minimum Wage Ordinance -- Notice of Complaint & Request for
Documentation
Dear Mr. Berens,
I am writing you regarding a Notice of Complaint & Request for Documentation that
you mailed out on July 7, 2015 to Bruce Ahlstrom of Harman KFC Investment at
2800 Telegraph Avenue, Oakland, CA 94609. Our firm represents Yolanda 210,
Inc., which owns and operates a KFC/Pizza Hut restaurant located at 2800 Telegraph
Avenue in Oakland. I assume your Notice was erroneously addressed to the
landlord, and that Yolanda 210, Inc. is the proper recipient of your letter, as it is the
employer at the above-referenced restaurant.
Our client now has been given the notice and will provide the requested
documentation, however I would like to request an extension of the July 21, 2015
due date to allow my client sufficient time to gather the information since the Notice
was only recently received by Yolanda after being improperly addressed. I tried to
reach you at the number listed in the letter, 510-238-6258, but had no success
reaching a live person.
Please respond to this email and let me know if you can grant my client two weeks,
until August 4th to return the requested information. Thank you in advance for your
understanding and courtesies.
Sincerely,
Nickolas S. Rice
McKay, Burton & Thurman
15 W. South Temple
Suite 1000
Salt Lake City, Utah 84101
(801)521-4135
(801)521-4252 (fax)
email: nrice@mbt-law.com
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================================
From:
Sent:
To:
CC:
Subject:
"Barnes, Deborah" <CITY OF OAKLAND/CITY

CENTER/RECIPIENTS/BARNE9D>
6/18/2015 10:05:59 PM +0000
Patricia Contreras <patricia@workingeastbay.org>
"San Miguel, Ron" <RSanMiguel@oaklandnet.com>; "Berens, Matt"
<MBerens@oaklandnet.com>
RE: Follow up from meeting on Tuesday
Hi Patricia,
I think the meeting was a good start and we were grateful for the time taken by the
claimants to speak to this issue in person.
See below for responses.
Deborah Lusk-Barnes
(510) 238-6270
From: Patricia Contreras [mailto:patricia@workingeastbay.org]

Sent: Thursday, June 18, 2015 2:06 PM
To: Barnes, Deborah
Subject: Follow up from meeting on Tuesday
Hola Deborah:
In retrospect I am very glad I was in attendance at the meeting on Tuesday.
I wanted to follow up with you about the following please:
*You mentioned partnering up with community orgs to help with enforcement, can
you please so more about this: We will be going out with an RFP to solicit proposals
from for-profit and not for-profit entities to work with hourly wage workers in need
to assistance in maneuvering through the various complexities of Measure FF . We
are looking to model San Franciscos approach in this regard.
*I know there is $150k in the Mayor's budget going to your dept, yes, this is what
was proposed. It has not been adopted yet but we are confident it will be. can you
share at all how this money will be used? Approximately $130,000 for full time
compliance officer. The remainder to be used for the contracts.
*You also mentioned your visit with Oliveto owners. I did not say that I made a visit.
I offered a scheduled time but that time was not confirmed. I did say that I
communicated with them by phone and email. Can you tell me when you met with
them and what they told you would transpire after that meeting? I was advised that
the matters were resolved. Did they meet with you and then the mayor? I did not
meet with them. As I mentioned, the correspondence was via email and phone. I
am meeting with a couple workers from Oliveto tonite, I know that short of a
complaint form being turned in you cant do much else. Yes, I was put on notice that
one was coming but a compliant form was never sent in. But I would love to hear
more about your meeting with them. There was no meeting.
I would be glad to meet with you in person to discuss thee above. Let me know a
time and date that is works for you. Any time between 1:30 and 3:30 on June 30th
works for me.
Thanks,
~patricia
-Patricia Contreras Flores

Community Organizer
East Bay Alliance for a Sustainable Economy
Cell: 415.573.5471
http://www.workingeastbay.org/
"How do you enjoy life as the world is burning?" -Josh Healey
"Life will break you. Nobody can protect you from that, and living alone won't either,
for solitude will break you with its yearning. You have to love. You to have to feel.
Its the reason you are here on earth. You are here to risk your heart. You are here
to be swallowed up. And when it happens that you are broken, or betrayed, or left,
or hurt, or death brushes near, let yourself sit by an apple tree and listen to the
apples falling all around you in heaps, wasting their sweetness. Tell yourself that you
tasted as many as you could."-Louise Erdrich
From:
Sent:
To:
CC:
Subject:

4/29/2015 8:28:23 PM +0000
"Swan, Rachel" <RSwan@sfchronicle.com>
"Boyd, Karen" <KBoyd@oaklandnet.com>
RE: SF Chronicle query re: enforcement of minimum wage law
Rachel,
See responses below. I have a 1:30 and will be away from my desk.
I trust this helps.
Deb Barnes
Hi Deborah and Aliza,
I hope this note finds you well.
Im writing because Ive seen Craigslist postings for several jobs in Oakland that pay less
than $12.25 an hour, and I was wondering if the city has been cracking down on
businesses, or if anyone has called to complain.
We have received informal and formal complaints but I do not know if they are attached to
advertisements on Craigs list.
Proactive enforcement capacity will definitely occur July 1, 2015. We are working with
administration to bring someone in sooner. The Mayors office has requested resources
expressly for this purpose. We are currently addressing a number of on-going clarification
questions and processing verbal and written complaints. In addition, we are outreaching one
business at a time, starting in the China Town district. The next targeted business area will
be Fruitvale. We find that this one-on-one hands on approach is most effective.
In terms of resources, current Compliance Officers responsible for enforcing social justice
policies have absorbed minimum wage responsibilities. As such, we are staffed to address
complains, answer clarification questions, and participated in a number of
business/employee workshops. Alizas shop (the Oakland Business Assistance Center) offers a
legal clinic and a business Tool-Kit that includes referrals for technical assistance and
support.
I was also wondering if I could get a little primer on how the city enforces its minimum
wage law.
The final draft of our Rules and Regulations for monitoring and enforcement are under
review. At this moment, we are inviting the public to submit a written complaint on the
complaint form or solicit our assistance to evaluate potential non-compliances. The complaint
form is on the web site under Resources for Employees. The Minimum Wage web site is as
follows:http://www2.oaklandnet.com/Government/o/CityAdministration/d/MinimumWage/OA
K051451.
I talked to one manager at a body shop who said he wasnt aware of the law. He was
offering $11 an hour for a part time assistant.
It is unfortunately that the information was missed. We have conducted a rather

aggressive outreach.
We covered the city with information and we are circling back to re-inform.
We have outreached to our fullest capacity whereby we have launched an outreach

effort that included notices to all businesses that hold the Oakland Business Tax
Certificate ,
We have conducted over 11 outreach sessions across the City and met with business
chambers and other membership organizations upon request.
We have also responded to individual requests from business owners and employees.
Regarding this company, I would prefer validating a claim before issuing a determination of
non-compliance. I find that wage and operation issues at face value are not typically clear cut
as each operation is unique.
Do you have the contact information for the body shop? Staff will send Measure FF
information and follow up with a contact to make sure there is a non-compliance issue. If
there is an issue, we interview employees, request all records relative to work hours, pay
rates; charges (i.e. service charges) pay stubs, personnel policies, and benefits statements. If
a noncompliance is found, we demand shortfall payments on behalf of the worker. If the
business challenges the determination, we will attempt to resolve with an outside Hearing
Officer if needed.
Any help you could provide would be great.
I trust the above is helpful and if you dont mind helping in this effort, it would be greatly
appreciated if you cold distribute the information to the public.
Thanks so much.
Deborah Lusk-Barnes
(510) 238-6270
From: Swan, Rachel [mailto:RSwan@sfchronicle.com]

Sent: Wednesday, April 29, 2015 11:40 AM
To: Barnes, Deborah
Subject: Re: SF Chronicle query re: enforcement of minimum wage law
Hi Deb,
Great. My deadline is 2 p.m. Also, could I arrange for a photographer to come in and photograph your enforcement
department?
Thanks so much.
Best,
Rachel
Rachel Swan
Staff Writer
San Francisco Chronicle
415-568-7559
From: <Barnes>, Deborah <DBarnes@oaklandnet.com>

Date: Wednesday, April 29, 2015 at 11:25 AM
To: Rachel Swan <rswan@sfchronicle.com>
Cc: "Boyd, Karen" <KBoyd@oaklandnet.com>, "Gallo, Aliza" <AGallo@oaklandnet.com>
Subject: RE: SF Chronicle query re: enforcement of minimum wage law
Hi Rachel,
I received your email of yesterday, your phone message and the email below today.
I have prepared responses to your questions in the email sent yesterday. They should help to clarify
where we are.
As standard operating procedure for my office, communications with the press are typically vetted
through our public relations staff.
What is your deadline ?
Deb
Deborah Lusk-Barnes
(510) 238-6270

To: Barnes, Deborah
Subject: SF Chronicle query re: enforcement of minimum wage law
Hi Deborah Barnes,
Im pursuing a story on enforcement of Oaklands minimum wage law, and Id love to talk to you about how it works.
My number is 415-568-7559. Thanks so much.
All the very best,
Rachel Swan
Rachel Swan
Staff Writer
415-568-7559
From:
Sent:
To:
CC:
Subject:

4/23/2015 12:28:11 AM +0000
bob@oliveto.com
"Nosakhare, Shereda" <SNosakhare@oaklandnet.com>; "Hom,
Donna" <DHom@oaklandnet.com>
Conversation with the Mayor's Office
Bob, thank you for your call.
It is my understanding that you spoke with the Mayors office yesterday and was
informed of a meeting with potential Measure FF complainants.
Please know that as of today, 4/22/15, I have not received formal complaints.
Your desire to address this quickly is duly noted and greatly appreciated. At this
point in time however, since I do not have a formal complaint in hand detailing the
issues I will (very generally) paraphrase the issues as I understand them:
(a) the reduction of work hours;
(b) the distribution of service charges by tiered performance appraisal levels;
and
(c) the complexities involved in rates of pay for the two levels of your
operation (Restaurant up stairs and Caf downstairs).
Bob, at this juncture, it may be helpful to have a dialogue with your workers (as a
group) to discuss the concerns and clarify the performance evaluation standards.
Please know that it is also our preference to resolve issues before they develop into
formal investigations.
Thanking you in advance for your attention to this matter.
Deb Barnes
Deborah Lusk-Barnes
(510) 238-6270
From: Darensburg, Shelley [mailto:SDarensburg@oaklandnet.com]

Sent: Friday, April 03, 2015 1:38 PM
To: Barnes, Deborah; Cook, Allyson E.; Hom, Donna
Subject: Minimum Wage Complaint from Employee of South West Airlines
Hi Debbie, et al,
who is an
This email is to advise you all of a telephone complaint that I received from
employee of South West Airlines.
stated that she works at the Oakland Airport
and that she is not receiving the minimum wage. I then asked her if she was aware of any
collective bargaining agreement waiving the minimum wage and she said not that she was
aware of any collective bargaining waiver. But asked that I speak with her union. She then
provided me with a telephone number to the union that represents her. I called the union
and spoke with a Jerry McCrummen, Vice President and explained to him the minimum wage
law. He stated that there is no waiver in the collective bargaining agreement and that the
union is supportive of Oaklands minimum wage. Finally he requested that I send him the
information on the law as well as a complaint form.
I will be sending that information immediately.
Thank you,
Shelley
Shelley Darensburg
Senior Contract Compliance Officer
City of Oakland
City Administrator's Office
Contracts and Compliance Unit

250 Frank H. Ogawa Plaza, Suite 3341
(510) 238-7325
(510) 238-3363 fax
sdarensburg@oaklandnet.com
Oakland Ranked #5 Place to Visit in the World!
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f
"The only tyrant I accept in this world is still the voice within." -- Mahatma Gandhi
"No work is insignificant. All labor that uplifts humanity has dignity and importance and should
be undertaken with painstaking excellence." -- Dr. Martin Luther King, Jr.
From:
Sent:
To:
Subject:
"Darensburg, Shelley" <CITY OF OAKLAND/CITY

CENTER/RECIPIENTS/DAREN9S>
4/3/2015 8:38:29 PM +0000
"Barnes, Deborah" <DBarnes@oaklandnet.com>; "Cook, Allyson E."
<ACook@oaklandcityattorney.org>; "Hom, Donna"
<DHom@oaklandnet.com>
Minimum Wage Complaint from Employee of South West Airlines
Hi Debbie, et al,
who is an employee of South West Airlines.
stated that she works at the
Oakland Airport and that she is not receiving the minimum wage. I then asked her if
she was aware of any collective bargaining agreement waiving the minimum wage
and she said not that she was aware of any collective bargaining waiver. But asked
that I speak with her union. She then provided me with a telephone number to the
union that represents her. I called the union and spoke with a Jerry McCrummen,
Vice President and explained to him the minimum wage law. He stated that there is
no waiver in the collective bargaining agreement and that the union is supportive of
Oaklands minimum wage. Finally he requested that I send him the information on
the law as well as a complaint form.
Thank you,
Shelley
Shelley Darensburg
City of Oakland
(510) 238-7325
(510) 238-3363 fax

For iSupplier Login visit us at: http://www2.oaklandnet.com/Government/o/CP/index.htm

http://www2.oaklandnet.com/oakca/groups/contracting/documents/form/oak024312.pdf
"No work is insignificant. All labor that uplifts humanity has dignity and importance and should be
undertaken with painstaking excellence." -- Dr. Martin Luther King, Jr.

Hi Debbie, et al,
she was aware of any collective bargaining agreement waiving the minimum wage and
she said not that she was aware of any collective bargaining waiver. But asked that I
speak with her union. She then provided me with a telephone number to the union
that represents her. I called the union and spoke with a Jerry McCrummen, Vice
President and explained to him the minimum wage law. He stated that there is no
waiver in the collective bargaining agreement and that the union is supportive of
Oaklands minimum wage. Finally he requested that I send him the information on the
law as well as a complaint form.
Thank you,
Shelley
Shelley Darensburg
City of Oakland
(510) 238-7325
(510) 238-3363 fax


From:
Sent:
To:
Subject:
minwageinfo@oaklandnet.com
2/26/2015 10:00:52 PM +0000
Ruby Varnadore <rvarnadore@unitedcontractors.org>; "Smith, Jamie"
<CITY OF OAKLAND/CITY ATTORNEY'S
OFFICE/RECIPIENTS/SMITH9J>
RE: Letter re CBA Waivers for Paid Sick Leave
Mr. Varnadore,
This email is to advise you that we are in receipt of this request and it is under consideration. We will get back to you as soon as
possible.
Thank you.
-----Original Message----From: Ruby Varnadore [mailto:rvarnadore@unitedcontractors.org]

Sent: Thu 2/26/2015 12:26 PM
To: Smith, Jamie
Cc: minwageinfo@oaklandnet.com
Subject: FW: Letter re CBA Waivers for Paid Sick Leave
I am forwarding this e-mail since I got an out-of-office reply from the main City Attorney e-mail address. Thank you.
Ruby Varnadore | Labor Contracts Manager
United Contractors
rvarnadore@unitedcontractors.org<mailto:rvarnadore@unitedcontractors.org>
www.unitedcontractors.org<http://www.unitedcontractors.org/>
17 Crow Canyon Court, Suite 100, San Ramon, CA 94583
(925) 855-7900 main | (925) 855-7909 fax | (925) 362-7310 direct
Upcoming Events<http://www.unitedcontractors.org/calendar_list.asp>
Facebook<https://www.facebook.com/UnitedContrs> Twitter<https://twitter.com/UnitedContrs>
LinkedIn<http://www.linkedin.com/in/rubyvarnadore/>
Email Policy<http://www.unitedcontractors.org/content.asp?admin=Y&contentid=160>
From: Ruby Varnadore
Sent: Thursday, February 26, 2015 12:06 PM
To: 'info@oaklandcityattorney.org'
Subject: Letter re CBA Waivers for Paid Sick Leave
Importance: High
Please see the attached letter - originals are in the mail. We appreciate your prompt attention to this matter.
Ruby Varnadore | Labor Contracts Manager
United Contractors
rvarnadore@unitedcontractors.org<mailto:rvarnadore@unitedcontractors.org>
www.unitedcontractors.org<http://www.unitedcontractors.org/>
17 Crow Canyon Court, Suite 100, San Ramon, CA 94583
(925) 855-7900 main | (925) 855-7909 fax | (925) 362-7310 direct
Upcoming Events<http://www.unitedcontractors.org/calendar_list.asp>
Facebook<https://www.facebook.com/UnitedContrs> Twitter<https://twitter.com/UnitedContrs>
LinkedIn<http://www.linkedin.com/in/rubyvarnadore/>
Email Policy<http://www.unitedcontractors.org/content.asp?admin=Y&contentid=160>
From:
Sent:
To:
CC:
Subject:

11/23/2015 6:00:15 PM +0000
Shonda Scott <shondascott360@gmail.com>
"Parker, Barbara" <CITY OF OAKLAND/CITY ATTORNEY'S
OFFICE/RECIPIENTS/PARKE9B>; "Cook, Allyson E." <CITY OF OAKLAND/CITY
ATTORNEY'S OFFICE/RECIPIENTS/COOK9A>; "Berens, Matt" <CITY OF
OAKLAND/EXTERNAL
(FYDIBOHF25SPDLT)/RECIPIENTS/3E11706D4BB44AE693B7D65BEA444186>
; "San Miguel, Ron" <CITY OF OAKLAND/EXTERNAL
(FYDIBOHF25SPDLT)/RECIPIENTS/RON SAN MIGUEL621>
RE: Requesting your assistance please
Super, You do the same my dear heart.

The letter we have was addressed to Barbara Parker. I have copied her on this email so that
she will know that OUSD is aware and working on it.
Also, I coped our minimum wage legal support Allyson and my minimum wage staff Matt and
Ron.
Thanks Shonda. Have a Happy Thanksgiving and thanks for being there for us.
Deb
Deborah Lusk-Barnes
(510) 238-6270
From: Shonda Scott [mailto:shondascott360@gmail.com]

Sent: Monday, November 23, 2015 8:33 AM
To: Barnes, Deborah

Subject: Re: Requesting your assistance please
Debbie,
Brigitte Marshall (HR Director) or OUSD legal counsel will follow up with you regarding the
compliance letter. OUSD have been in contact with OEA working through this issue. If you
haven't heard anything by end of next week please let me know.
I appreciate all your support! Have a fabulous holiday.

Kindest regards,
Shonda
Sent especially for you from my iPhone
*NOTICE - This communication may contain confidential and privileged

information that is for the sole use of the intended recipient. Any viewing, copying or
or reliance on this message by unintended recipients is

strictly prohibited. If you have received this message in error, please
notify us immediately by replying to the message and deleting it from
your computer. Thank you.
distribution of,
On Nov 20, 2015, at 5:09 PM, Barnes, Deborah <DBarnes@oaklandnet.com> wrote:

Thank you,
Let me know if you want me to fax the letter to you.
Deb
Deborah Lusk-Barnes

(510) 238-6270
From: Shonda Scott [mailto:shondascott360@gmail.com]

Sent: Friday, November 20, 2015 2:06 PM
To: Barnes, Deborah
Subject: Re: Requesting your assistance please
I will follow up.

Kindest regards,
Shonda
Sent especially for you from my iPhone
*NOTICE - This communication may contain confidential and privileged

information that is for the sole use of the intended recipient. Any viewing,
or reliance on this message by

unintended recipients is strictly prohibited. If you
have received this message in error, please notify us
immediately by replying to the message and deleting it from
your computer. Thank you.
copying or distribution of,
On Nov 20, 2015, at 1:45 PM, Barnes, Deborah <DBarnes@oaklandnet.com>

wrote:
Hi Shonda, how are you ?
My office is responsible for enforcing minimum wage. The City

Attorneys Office received a letter from the California Teachers
Association claiming that OUSD was not in compliance with Measure
FF.
We have enjoyed a great working relationship with you and

wondered if we could extend a professional courtesy to the person
responsible for responding, perhaps your HR staff.
The letter is from Douglas H. Appel, Regional UniServ Staff. We

wanted to forward this to the right person or persons and perhaps
have a conversation with them. Can you help or route me to the
most appropriate person.
Thanks
Deb
Deborah Lusk-Barnes
(510) 238-6270
From: Inman, Vivian

Sent: Thursday, November 12, 2015 2:13 PM
To: Mariela Patron
Cc: Berens, Matt; Barnes, Deborah
Subject: RE: Holiday Inn Express Complaint
Your email is being forwarded to Matt Berens, he can assist you in this regard. Matt can be
reached at (510) 238-7735 or via email at mberens@oaklandnet.com.
Thanks.
From: Mariela Patron [mailto:marielapatrongz@gmail.com]

Sent: Thursday, November 12, 2015 1:30 PM
To: Inman, Vivian
Subject: Holiday Inn Express Complaint
Dear Vivian,
My name is Mariela Patron, and I am a reporter for Oakland North, a publication out of
the UC Berkeley Graduate School of Journalism. I am doing a story on the Holiday Inn
Express workers. I know the workers filed a complaint to the city against the hotel early
this year, and I was wondering if there is a way I can get a copy of the complaint.
I am working on deadline, so if you could get back to me as soon as you can, that would
be great.
Thank you.
Best,
Mariela
-Mariela Patron
Journalist
UC Berkeley '17
University of La Verne '15
626-251-7426
From:
Sent:
To:
CC:
Subject:

4/29/2015 8:28:23 PM +0000
"Swan, Rachel" <RSwan@sfchronicle.com>
"Boyd, Karen" <KBoyd@oaklandnet.com>
RE: SF Chronicle query re: enforcement of minimum wage law
Rachel,
See responses below. I have a 1:30 and will be away from my desk.
I trust this helps.
Deb Barnes
Hi Deborah and Aliza,
I hope this note finds you well.
Im writing because Ive seen Craigslist postings for several jobs in Oakland that pay less
than $12.25 an hour, and I was wondering if the city has been cracking down on
businesses, or if anyone has called to complain.
We have received informal and formal complaints but I do not know if they are attached to
advertisements on Craigs list.
Proactive enforcement capacity will definitely occur July 1, 2015. We are working with
administration to bring someone in sooner. The Mayors office has requested resources
expressly for this purpose. We are currently addressing a number of on-going clarification
questions and processing verbal and written complaints. In addition, we are outreaching one
business at a time, starting in the China Town district. The next targeted business area will
be Fruitvale. We find that this one-on-one hands on approach is most effective.
In terms of resources, current Compliance Officers responsible for enforcing social justice
policies have absorbed minimum wage responsibilities. As such, we are staffed to address
complains, answer clarification questions, and participated in a number of
business/employee workshops. Alizas shop (the Oakland Business Assistance Center) offers a
legal clinic and a business Tool-Kit that includes referrals for technical assistance and
support.
I was also wondering if I could get a little primer on how the city enforces its minimum
wage law.
The final draft of our Rules and Regulations for monitoring and enforcement are under
review. At this moment, we are inviting the public to submit a written complaint on the
complaint form or solicit our assistance to evaluate potential non-compliances. The complaint
form is on the web site under Resources for Employees. The Minimum Wage web site is as
follows:http://www2.oaklandnet.com/Government/o/CityAdministration/d/MinimumWage/OA
K051451.
I talked to one manager at a body shop who said he wasnt aware of the law. He was
offering $11 an hour for a part time assistant.
It is unfortunately that the information was missed. We have conducted a rather

aggressive outreach.
We covered the city with information and we are circling back to re-inform.
We have outreached to our fullest capacity whereby we have launched an outreach

effort that included notices to all businesses that hold the Oakland Business Tax
Certificate ,
We have conducted over 11 outreach sessions across the City and met with business
chambers and other membership organizations upon request.
We have also responded to individual requests from business owners and employees.
Regarding this company, I would prefer validating a claim before issuing a determination of
non-compliance. I find that wage and operation issues at face value are not typically clear cut
as each operation is unique.
Do you have the contact information for the body shop? Staff will send Measure FF
information and follow up with a contact to make sure there is a non-compliance issue. If
there is an issue, we interview employees, request all records relative to work hours, pay
rates; charges (i.e. service charges) pay stubs, personnel policies, and benefits statements. If
a noncompliance is found, we demand shortfall payments on behalf of the worker. If the
business challenges the determination, we will attempt to resolve with an outside Hearing
Officer if needed.
Any help you could provide would be great.
I trust the above is helpful and if you dont mind helping in this effort, it would be greatly
appreciated if you cold distribute the information to the public.
Thanks so much.
Deborah Lusk-Barnes
(510) 238-6270

To: Barnes, Deborah
Subject: Re: SF Chronicle query re: enforcement of minimum wage law
Hi Deb,
Great. My deadline is 2 p.m. Also, could I arrange for a photographer to come in and photograph your enforcement
department?
Thanks so much.
Best,
Rachel
Rachel Swan
Staff Writer
415-568-7559
From: <Barnes>, Deborah <DBarnes@oaklandnet.com>

Date: Wednesday, April 29, 2015 at 11:25 AM
To: Rachel Swan <rswan@sfchronicle.com>
Cc: "Boyd, Karen" <KBoyd@oaklandnet.com>, "Gallo, Aliza" <AGallo@oaklandnet.com>
Subject: RE: SF Chronicle query re: enforcement of minimum wage law
Hi Rachel,
I received your email of yesterday, your phone message and the email below today.
I have prepared responses to your questions in the email sent yesterday. They should help to clarify
where we are.
As standard operating procedure for my office, communications with the press are typically vetted
through our public relations staff.
What is your deadline ?
Deb
Deborah Lusk-Barnes
(510) 238-6270

To: Barnes, Deborah
Subject: SF Chronicle query re: enforcement of minimum wage law
Hi Deborah Barnes,
Im pursuing a story on enforcement of Oaklands minimum wage law, and Id love to talk to you about how it works.
My number is 415-568-7559. Thanks so much.
All the very best,
Rachel Swan
Rachel Swan
Staff Writer
415-568-7559

Hi Debbie, et al,
who is an employee of South West Airlines

tated that she works at the
Oakland Airport and that she is not receivi
m wage. I then asked her if
Thank you,
Shelley
Shelley Darensburg
City of Oakland
(510) 238-7325
(510) 238-3363 fax



Hi Debbie, et al,
Thank you,
Shelley
Shelley Darensburg
City of Oakland
(510) 238-7325
(510) 238-3363 fax



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'

-----Original Message----From: Parker, Barbara [mailto:BParker@oaklandcityattorney.org]

"Barnes, Deborah" <DBarnes@oaklandnet.com>

-----Original Message----From: Libby Schaaf [mailto:libbyforoakland@gmail.com]

Cc: Barbara Parker; Moss, Tomiquia

From: Nickole Mariona [mailto:nmariona@LCCR.com]

Unfortunately, we wont have an employment lawyer present at the clinic tonight,

From: Villarreal, Susana [mailto:SVillarreal@oaklandnet.com]

Please let me know if you have any questions,

From: Villarreal, Susana

Great I do have someone and will get back to you.

See you later!

If this email is spam, report it to www.OnlyMyEmail.com

"Barnes, Deborah" <DBarnes@oaklandnet.com>

-----Original Message----From: Parker, Barbara [mailto:BParker@oaklandcityattorney.org]

"Berens, Matt" <MBerens@oaklandnet.com>

Hello Mr. Rice,

From: Nickolas Rice [mailto:Nrice@mbt-law.com]

Dear Mr. Berens,

"Barnes, Deborah" <CITY OF OAKLAND/CITY

See below for responses.

From: Patricia Contreras [mailto:patricia@workingeastbay.org]

In retrospect I am very glad I was in attendance at the meeting on Tuesday.

I wanted to follow up with you about the following please:

-Patricia Contreras Flores

"How do you enjoy life as the world is burning?" -Josh Healey

"Barnes, Deborah" <CITY OF OAKLAND/CITY

I trust this helps.

Hi Deborah and Aliza,

I hope this note finds you well.

be Fruitvale. We find that this one-on-one hands on approach is most effective.

It is unfortunately that the information was missed. We have conducted a rather

We have outreached to our fullest capacity whereby we have launched an outreach

Any help you could provide would be great.

From: Swan, Rachel [mailto:RSwan@sfchronicle.com]

From: <Barnes>, Deborah <DBarnes@oaklandnet.com>

What is your deadline ?

From: Swan, Rachel [mailto:RSwan@sfchronicle.com]

"Barnes, Deborah" <CITY OF OAKLAND/CITY

Bob, thank you for your call.

Thanking you in advance for your attention to this matter.

From: Darensburg, Shelley [mailto:SDarensburg@oaklandnet.com]

Contracts and Compliance Unit

"Darensburg, Shelley" <CITY OF OAKLAND/CITY

I will be sending that information immediately.

Oakland Ranked #5 Place to Visit in the World!

For iSupplier Login visit us at: http://www2.oaklandnet.com/Government/o/CP/index.htm

From: Darensburg, Shelley [mailto:SDarensburg@oaklandnet.com]

I will be sending that information immediately.

Oakland Ranked #5 Place to Visit in the World!

For iSupplier Login visit us at: http://www2.oaklandnet.com/Government/o/CP/index.htm

-----Original Message----From: Ruby Varnadore [mailto:rvarnadore@unitedcontractors.org]

"Barnes, Deborah" <DBarnes@oaklandnet.com>

Super, You do the same my dear heart.

From: Shonda Scott [mailto:shondascott360@gmail.com]

To: Barnes, Deborah

I appreciate all your support! Have a fabulous holiday.

*NOTICE - This communication may contain confidential and privileged

or reliance on this message by unintended recipients is

On Nov 20, 2015, at 5:09 PM, Barnes, Deborah <DBarnes@oaklandnet.com> wrote:

Director, Contracts and Compliance

From: Shonda Scott [mailto:shondascott360@gmail.com]

I will follow up.