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 February 2, 2021 Los Angeles City Council Meeting agenda. There is one item in particular that could impact you.

Workers Who Could be Impacted: Grocery and Drug Retail Workers Throughout the City of Los Angeles

On December 15, 2020, Council President Nury Martinez (6th District) and Councilmembers Mitch O’Farrell (13th District), Curren Price, Jr. (9th District), and Paul Koretz (5th District) introduced a Motion seconded by Councilmembers Mark Ridley-Thomas (10th District) and Gil Cedillo (1st District).

The Motion provided in part “[s]ince the beginning of the COVID-19 pandemic, grocery workers in the City of Los Angeles have continued to report to work and serve their communities, despite the ongoing hazards and danger of being exposed to the novel coronavirus. Because of the work of these essential grocery workers, families throughout the City have had access to the food they need during this pandemic. However, the pandemic is far from over and with increased case rates, the health threats that grocery workers face are even greater now than when this crisis began.

These essential grocery workers cannot choose to work from home – they must come in to work to do their jobs, which involves substantial interaction with customers. Workers are wearing masks, social distancing, and constantly wiping down cash registers, food conveyor belts and shopping carts in order to protect the public health. Additionally, these workers are continuously working to restock items that households desperately need like toilet paper, cleaning supplies and other essentials. These workers are staying inside with large crowds every day under ventilation systems that could be spreading the novel coronavirus. This puts these essential grocery workers in a position where they must live with the daily fear of not only contracting the virus but also bringing it home to their families.

The number of COVID-19 clusters within the grocery industry in the City of Los Angeles continues to rise significantly. The health threat that these grocery workers face cannot be overstated…These workers must be justly compensated for the clear and present dangers of doing their jobs during the pandemic by requiring their employers to provide hazard pay at all times that the City of Los Angeles falls under a coronavirus risk level of moderate, substantial, or widespread, under the State of California’s Coronavirus Risk Tiers and Stay at Home Health orders.”

Therefore, the Motion called for the “Office of the City Attorney [to] be requested to draft an emergency ordinance that will provide all on-site grocery workers at Grocery Stores with 300 or more employees with an additional five (5) dollars per hour in wages for the period of the effective date of this Ordinance during which the City of Los Angeles is within a Widespread (purple), Substantial (red), or Moderate (orange) Risk Level, and until such time as risk levels return to Minimal (yellow) under the State Health orders.” 

The Motion was referred to the City Council’s Economic Development and Jobs Committee. On January 26, 2021 the Committee considered the Motion. The Committee’s Report provided the “[r]ecommendations for Council action, as initiated by [the] Motion” were:

“1. [request] the City Attorney to: 

a. Prepare and present an Ordinance that will provide all hourly, non-managerial employees at grocery and drug retail stores in the City of Los Angeles with 300 or more employees nationally and 10 or more employees on-site, with a total of five dollars per hour premium hazard pay in addition to their base wage for the next 120 days and to incorporate the following:

i. The definition of ’employer’ for food and drug retail should mirror that of the City’s COVID Worker Protection Ordinance and also include retail stores with 85,000 square feet or more that dedicate 10 percent of sales floor to grocery or drug retail. 

ii. The Ordinance should also include a private right of action, similar to the City’s Minimum Wage ordinance, as well as an urgency clause. 

b. Report in regard to potential legal issued in connection with implementing an Ordinance as described above in Recommendation No. 1a. 

2. [instruct] Office of Wage Standards, with assistance of City Attorney, to promulgate Rules and Regulations for implementing the Ordinance as described in Recommendation No. 1a.

3. [instruct] the Chief Legislative Analyst (CLA) to report in regard to: 

a. Potential economic impacts of implementing an Ordinance as described above in Recommendation No. 1a. 

b. Potential legal challenges of implementing an Ordinance as described above in Recommendation No. 1a and countering said legal challenges.”

The Report then provided “[a]fter consideration and having provided an opportunity for public comment, the Committee moved to recommend approval of the Motion, as amended. This matter is now submitted to Council for its consideration.”

Now, agenda item 19 of the February 2, 2021 Los Angeles City Council meeting calls for the Council to consider the Motion.

This Motion is similar to Motions previously heard by the Long Beach City Council and the LA County Board of Supervisors to provide “Hero Pay” to grocery workers in their jurisdictions.

We hope these updates are helpful to you.

Fraternally,

SR Holguin, PC

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