COVID-19
Reopening Update – Liability continues to be a chief concern of employers but operators are also struggling with a few other issues as states reopen: Enforcement of state, local or even corporate policies has proven a challenge in some areas. Frontline workers are increasingly finding themselves in the position of having to “police” customers on social distancing or PPE requirements. It’s an issue with which operators will continue to struggle. Another challenging precedent is a requirement that restaurants only serve customers with a reservation (or require them to sign in). The purpose of this requirement is to assist contact tracing efforts. Many operators are uncomfortable with shouldering the responsibility to collect and retain personal information for this purpose. Thirdly, California released its reopening rules this week. They are some of the most detailed to date. Municipalities must at least meet the state standards but can exceed them if they choose. Restaurants could lose their alcohol license if they are found to be in non-compliance with reopening guidelines. Finally, and indicative of the challenging compliance environment, the Wisconsin Supreme Court struck down the governor’s stay-at-home order in effect nullifying many of the state’s requirements. More details.
Supply Chain – Concerned with worker safety, a coalition of 20 attorneys general sent a letter to President Trump this week asking the president to issue enforceable measures to protect the safety and health of meatpacking and poultry processing workers. The president through executive order had previously directed meat and poultry processors to continue operations to the maximum extent possible to prevent disruption to the country’s food supply chain. Current CDC guidance for processors remains voluntary. Unions and other labor advocates (as well as state attorneys general) continue to call for specific and enforceable worker protections. Expect this issue to continue to escalate in the coming weeks and months. More details.
Wages
Hazard Pay – Many retailers are suspending their hazard pay bonuses. Target, Walmart, CVS, Whole Foods, Costco, Sprouts, Kroger, Starbucks among others will phase out bonus payments in the coming weeks.To Access Align's Analysis: Log In or Subscribe
Paid Leave
Federal – The Labor Department provided additional guidance related to the paid leave requirements under the Families First Coronavirus Response Act.To Access Align's Analysis: Log In or Subscribe
Louisiana – Legislation that would have required an employer with 20 or more workers to provide paid sick leave for all full-time and part-time employees, at a rate of one hour of sick leave for every 30 hours worked, was defeated in a senate committee.To Access Align's Analysis: Log In or Subscribe
Massachusetts – The state agency tasked with overseeing the state’s paid leave program has begun the rulemaking process in order to make certain revisions to the law.To Access Align's Analysis: Log In or Subscribe
Oakland, CA – The city council approved 8-0 a proposal to mandate employers provide 80 hours (or ten days) of paid sick leave to workers affected by the coronavirus pandemic.To Access Align's Analysis: Log In or Subscribe
Labor Policy
San Francisco, CA – The city conducted a public hearing to assess the recommendations of the Local Agency Formation Commission (LAFCO) which is calling for broader protections for gig workers. Among the recommendations are setting a targeted minimum wage for gig workers and the establishment of a driver’s cooperative (a quasi-union).To Access Align's Analysis: Log In or Subscribe
Joint Employer
Colorado – The industry-opposed, Obama-era joint employer standard has appeared at the state level in Colorado. The state Labor Department is attempting to codify a modified version of the 2016 standard drafted by then federal Wage and Hour Division head, David Weil. The new standard would apply to overtime, minimum wage and wage protection in the state. The process has moved quickly and with little, to any, public discussion amid the COVID-19 shutdown.To Access Align's Analysis: Log In or Subscribe
Activism
Instacart – In the coming week, Instacart drivers in the Chicago area will begin voting by mail on whether or not to join the United Food and Commercial Workers (UFCW) union.To Access Align's Analysis: Log In or Subscribe
Delivery
Louisiana – The state senate approved legislation allowing third-party delivery platforms that utilize independent contractors to deliver alcoholic beverages.To Access Align's Analysis: Log In or Subscribe
Missouri – The restaurant industry is lobbying to make permanent recent regulations that enable restaurants to sell alcohol off-premise.To Access Align's Analysis: Log In or Subscribe
New Jersey – The senate voted 39-0 to cap commission fees charged by third-party delivery platforms at 20% and no more than 10% if they utilize another contractor to make the delivery.To Access Align's Analysis: Log In or Subscribe
Oklahoma – Legislation passed the senate that would permanently allow curbside pickup and home delivery of alcohol.To Access Align's Analysis: Log In or Subscribe
Maui County, HI – The county liquor commission approved the home delivery of unopened beer, wine and prepackaged cocktails by licensed establishments.To Access Align's Analysis: Log In or Subscribe
Chicago, IL – The mayor announced a new rule mandating third-party delivery platforms provide customers an itemized breakdown of all transactions.To Access Align's Analysis: Log In or Subscribe
New York, NY – The city council passed legislation capping third-party delivery fees at 20% for at least 90 days past the end date of the lockdown.To Access Align's Analysis: Log In or Subscribe
St. Louis, MO – Legislation was introduced in the city council that would cap third-party delivery commission fees at 5%. It also would require delivery platforms or food establishments to disclose their policy on tips, including how much of a gratuity is kept by a delivery employee.To Access Align's Analysis: Log In or Subscribe