Judge orders COVID protections for employees of Oakland McDonald's
8/14/20 REUTERS LEGAL 19:04:29
Copyright (c) 2020 Thomson Reuters
Daniel Wiessner
REUTERS LEGAL
August 14, 2020
A worker delivers food inside a McDonald's after over 700 restaurants of the fast-food chain reopened with a dine-in service as business restrictions imposed to combat coronavirus disease (COVID-19) pandemic eased, in London, Britain July 22, 2020. REUTERS/Hannah McKay
(Reuters) - A California state judge has ordered a McDonald's franchise in Oakland to take various steps to protect workers amid the coronavirus pandemic after the restaurant was temporarily barred from reopening, according to lawyers representing its employees.
Superior Court Judge Richard Seabolt in Oakland granted a preliminary injunction at a hearing on Thursday requiring the franchisee, VES McDonald's, to make masks and other protective gear available to employees, grant leave to sick workers and regularly "deep clean" the restaurant, among other measures, lawyers from Altshuler Berzon said.
The plaintiffs in the June lawsuit claim VES created a "public nuisance" by failing to protect workers, leading to an outbreak that has sickened at least 35 people. They said VES provided them with dog diapers and coffee filters to use as masks, discouraged sick employees from taking time off and failed to enforce social distancing.
BJ Chisholm of Altshuler Berzon, the plaintiffs' lead lawyer, said the ruling was a testament to the bravery of VES employees who walked off the job in May to protest the conditions.
"Without the court order keeping in place these basic health and safety procedures, there was too great a risk that workers would continue to be in jeopardy," Chisholm said.
John Skonberg of Littler Mendelson, who represents VES, did not immediately respond to a request for comment.
The restaurant on Oakland's Telegraph Avenue closed on May 26 after most of its employees refused to come to work because they feared becoming sick, according to filings in the case.
In June, Superior Court Judge Patrick McKinney issued a temporary restraining order barring VES from reopening until the court ruled on the plaintiffs' motion for a preliminary injunction.
The plaintiffs in their lawsuit accused VES of unfair business practices and creating a public nuisance in violation of state law, and said the company violated an Oakland ordinance passed last month requiring employers to give workers up to two weeks of paid leave during the pandemic.
Seabolt on Thursday said VES must give workers breaks every 30 minutes so they can wash their hands and sanitize surfaces, and conduct contact tracing of workers and customers who are known or suspected to have COVID-19, the plaintiffs' lawyers said.
Illinois-based McDonald's is not involved in the case, but is the subject of a lawsuit in Illinois state court claiming it has failed to take steps to protect workers at several corporate-owned restaurants in Chicago.
McDonald's has said that it has implemented various policies in line with guidance from government health authorities, such as social distancing and screening workers prior to their shifts.
The case is Hernandez v. VES McDonald's, California Superior Court, Alameda County, No. RG20064825.
For the plaintiffs: BJ Chisholm and Michael Rubin of Altshuler Berzon
For VES: John Skonberg of Littler Mendelson
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