LOS ANGELES - A civil lawsuit was brought Feb. 17 against the City of West Hollywood in federal court by the California Grocers Association.
The association says the city singled out the grocery industry in the Feb. 16 Premium Pay for Grocery Workers Ordinance, which requires employers to offer an additional $5 minimum to grocery employees' wages regardless of any bonuses, incentives or hero pay programs that the employers have implemented throughout the COVID-19 pandemic.
According to the suit, the association finds the ordinance to be unconstitutional because California grocers have already been rewarding their essential employees since the pandemic started; for example, employers have offered "appreciation pay," "hero bonuses" and "thank you pay" to associates.
In addition, grocers have implemented numerous safety measures to keep employees safe, including Plexiglas shields, personal protective equipment and social distancing.
The suit says that California grocers already negotiate wages with the United Food and Commercial Workers International grocery labor union, and that grocers across the city are suffering economic harm because of the ordinance.
The association is pressing for one count of declaratory and injunctive relief under the National Labor Relations Act, and one count of the same under each of the following: U.S. Constitution Equal Protection Cause, California Constitution Equal Protection Clause, U.S. Constitution Contracts Clause, California Constitution Contracts Clause.
The California Grocers Association is represented by Morrison and Foerster LLP of San Francisco.