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HomeMy WebLinkAbout16 - NB-4 - Frontline Grocery Workers Hazard Pay - 3/16/20211 CITY COUNCIL AGENDA REPORT MEETING DATE: March 16, 2021 ITEM NUMBER: NB-4 SUBJECT: FRONTLINE GROCERY WORKERS HAZARD PAY DATE: MARCH 10, 2021 FROM: LORI ANN FARRELL HARRISON, CITY MANAGER PRESENTATION BY: LORI ANN FARRELL HARRISON, CITY MANAGER FOR FURTHER INFORMATION CONTACT: LORI ANN FARRELL HARRISON, CITY MANAGER (714) 754-5328 RECOMMENDATION: Consider adoption of urgency ordinance requiring local grocery stores and retail drug stores to provide hazard pay to their frontline employees for 120 day period during the COVID-19 pandemic. BACKGROUND AND ANALYSIS: At its meeting on March 2, 2021, City Council directed the City Attorney to prepare an urgency ordinance requiring local grocers to provide frontline grocery workers hazard pay at a rate of $4 per hour over their existing hourly pay, to sunset in 120 days, and requested staff provide additional information on the number of affected stores and workers. Since March 2020, the COVID-19 pandemic has impacted the entire nation and the world. As of this writing, there have been over 524,000 total deaths due to COVID-19 in the country, including 4,313 in Orange County and 116 in Costa Mesa. On December 6, 2020, Governor Newsom issued a second statewide stay-at-home order due to the rise in positive COVID-19 cases and low to no availability of ICU hospital beds. The order strictly limited capacity and, in some cases, the closure of a number of businesses including gyms, salons, barbershops, recreational facilities, restaurants, and bars. However, due to the essential nature of grocery stores and retail drug stores, they have remained open during the entire duration of the pandemic. As such, grocery and pharmacy workers are not able to telecommute or work from home, as have workers in other industries. The global health pandemic has highlighted the importance of many workers and industries as essential, including frontline grocery store workers, even during the statewide stay-at-home order. Grocery and pharmacy workers nationwide have faced new hazards due to the coronavirus pandemic in jobs not previously considered particularly dangerous. 2 Frontline grocery and retail drug store workers play a critical role in providing food, supplies, and medicine to the public, especially during disasters. Grocery workers are often in close contact with members of the public who may be COVID positive yet asymptomatic and are often in closer contact than six feet, thereby placing them at higher risk for contracting the disease. In response to the shifting emergency circumstances during the early stages of the pandemic, a number of grocery and retail drug companies initially provided extra COVID- 19 related compensation to their employees. The extra compensation, commonly known as “Hero Pay,” was a temporary wage increase or a one-time bonus for essential workers. When the impacts of the pandemic temporarily subsided in June 2020, many retail companies ended the temporary wage increase. Despite the ongoing nature of the pandemic, the “Hero Pay” once provided to frontline grocery and pharmacy workers has ended for the most part. To date, there appears to be no additional effort from grocery or retail drug store employers to reinstate the extra compensation. As a result, several cities have adopted urgency ordinances to allow for a $4 or $5 hourly increase in pay for grocery and retail drug store workers. The cities of Long Beach, Irvine, Berkeley, Coachella, Oakland, West Hollywood, Santa Monica, and the County of Los Angeles, have approved urgency ordinances requiring local grocers to add Hazard Pay to hourly wages provided to grocery workers, some of which have included retail drug store workers. The California Grocers Association has opposed these urgency ordinances and has filed legal action against the cities of Long Beach and West Hollywood, to name a few. Moreover, in Long Beach, two grocery stores were recently slated for closure by the Kroger Company, which cited the City’s ordinance as the cause for the closures, although it is unclear whether that is the sole or primary reason for closing these stores. Arguments in support of this action include the need to address the disparity in working conditions and wages for grocery workers and retail drug store workers considered essential during the pandemic in comparison to other essential workers. Grocery and pharmacy workers generally receive lower wages than many other professions deemed essential during the pandemic such as doctors. Another argument in support of this measure is that there is a need to incentivize experienced grocery and retail drug workers to remain employed in order to provide continuity of services to the public during the disaster. ALTERNATIVES CONSIDERED: The City Council may revise the terms of the draft urgency ordinance or receive and file the report. FISCAL REVIEW: There is no fiscal impact to the General Fund in adopting an urgency ordinance. 3 LEGAL REVIEW: The City Attorney’s Office has prepared this report and the urgency ordinance. Urgency ordinances must be adopted by a four-fifths vote of the City Council, or six of seven Council Members. CONCLUSION: Staff recommends that City Council consider adoption of urgency ordinance requiring local grocery stores and retail drug stores to provide hazard pay to their frontline employees for 120 day period during the COVID-19 pandemic. ___________________________ __________________________ LORI ANN FARRELL HARRISON CAROL MOLINA City Manager Finance Director ____________________________ KIMBERLY HALL BARLOW City Attorney ATTACHMENTS: 1. Draft Urgency Ordinance Urgency Ordinance No. 2021-xx Page 1 of 9 URGENCY ORDINANCE NO. 2021-xx AN URGENCY ORDINANCE OF THE CITY OF COSTA MESA ESTABLISHING TEMPORARY PREMIUM PAY FOR GROCERY WORKERS AND DECLARING THE ORDINANCE TO BE AN EMERGENCY MEASURE TO TAKE EFFECT IMMEDIATELY UPON ADOPTION WHEREAS, the City of Costa Mesa, pursuant to its police power, may enact regulations for the public peace, morals, and welfare of the City; and WHEREAS, on March 4, 2020, the Governor declared a State of Emergency in California due to the threat of Coronavirus Disease 2019 ("COVID-19"). On February 26, 2020, the Orange County Board of Supervisors and Department of Public Health declared a public health emergency in Orange County due to COVID- 19. On March 12, 2020, pursuant to Proclamation No. 2020-01, the City Manager did proclaim the existence of a local emergency pursuant to Title 6 of the Costa Mesa Municipal Code, and on March 13, 2020 the City Council pursuant to Resolution No. 2020-9 did ratify Emergency Proclamation No. 2020-01. Due to directives from federal, state, and local health officials, residents have been ordered to avoid public gatherings and periodically to stay at home to prevent the spread of this disease; and WHEREAS, on March 19, 2020, California Governor Gavin Newsom issued a “Stay Home - Stay Healthy” proclamation closing all non-essential workplaces, requiring people to stay home except to participate in essential activities or to provide essential business services, and banning all gatherings for social, spiritual, and recreational purposes. In addition to healthcare, public health and emergency services, the “Stay Home - Stay Healthy” proclamation identified grocery stores as essential business sectors critical to protecting the health and well-being of all Californians and designated their workers as essential critical infrastructure workers; and WHEREAS, as of March 10, 2021, there have been over 524,000 deaths due to COVID-19 across the country, including 116 in Costa Mesa; and WHEREAS, the COVID-19 virus has broadly spread throughout California and remains a significant health risk to the community, especially members of our most vulnerable populations; and WHEREAS, grocery and drug retail workers face increased exposure risk due to inability to consistently practice physical distancing in the workplace, with researchers in Massachusetts reporting that employees with direct customer exposure were five times more likely to test positive for the COVID-19 virus than those employees without such exposure; and Attachment 1 Urgency Ordinance No. 2021-xx Page 2 of 9 WHEREAS, frontline grocery and drug retail workers have been unable to work from home, including those with children engaged in distance learning, and have therefore likely incurred additional childcare expenses; and WHEREAS, Orange County is currently vaccinating people in Tier 1A, frontline grocery and drug retail workers are listed in Tier 2 for Orange County’s COVID-19 vaccination plan, and distribution to people in Tier 2 is not anticipated to be completed in Orange County until Spring 2021; and WHEREAS, during the early stages of the COVID-19 pandemic, many grocery companies provided “Hero Pay,” which was generally implemented as either a temporary hourly wage increase or a one-time bonus for certain essential workers; and WHEREAS, Hero Pay has generally phased out or terminated; however, according to the Brookings Institute, the top retail companies earned on average an extra $16.7 billion in profit in 2020 compared to 2019; and WHEREAS, premium pay, paid in addition to regular wages, is an established type of compensation for employees performing hazardous duty or work involving physical hardship that can cause extreme physical discomfort and distress; and WHEREAS, grocery and drug retail workers working during the COVID-19 pandemic merit additional compensation because they are performing hazardous duty due to the significant risk of exposure to the COVID-19 virus. Grocery and drug retail workers have been working under these hazardous conditions for months. They are working in these hazardous conditions now and will continue to face safety risks as the virus presents an ongoing threat for an uncertain period, potentially resulting in subsequent waves of infection; and WHEREAS, the availability of grocery and drug retail stores is fundamental to the health of the community and is made possible during the COVID-19 emergency because grocery and drug retail workers are on the frontlines of this devastating pandemic supporting public health, safety, and welfare by working in hazardous situations; and WHEREAS, many grocery and drug retail workers have had their higher safety risks exacerbated by lax enforcement of capacity limits and mask requirements in grocery and drug retail stores; and WHEREAS, establishing an immediate requirement for grocery and drug retail stores to provide premium pay to grocery and drug retail workers protects public health, supports stable incomes, and promotes job retention by ensuring that grocery and drug retail workers are compensated for the substantial risks, efforts, and expenses they are undertaking to provide essential services in a safe and reliable manner during the COVID19 pandemic; and Urgency Ordinance No. 2021-xx Page 3 of 9 WHEREAS, the City Council has carefully reviewed and considered all of the evidence, including the staff report and public comments presented; and WHEREAS, this Ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines, as it is not a “project” and has no potential to result in a direct or reasonably foreseeable indirect physical change to the environment because it is merely the formation of an organization. (14 Cal. Code Regs. § 15378(a).) Further, this Ordinance is exempt from CEQA because there is no possibility that this Ordinance or its implementation would have a significant negative effect on the environment. (14 Cal. Code Regs. § 15061(b)(3).) The City Clerk shall cause a Notice of Exemption to be filed as authorized by CEQA and the State CEQA Guidelines. WHEREAS, the City Council has the authority to adopt this Ordinance under Government Code Section 8630, California Constitution Art. XI, section 7, and Labor Code section 1205. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES ORDAIN AS FOLLOWS: SECTION 1. ADOPTION OF TEMPORARY PREMIUM PAY FOR GROCERY WORKERS. A. DEFINITIONS. For purposes of this Ordinance, the following definitions apply. 1. “Adverse action” means reducing compensation, garnishing gratuities, temporarily or permanently denying or limiting access to work, incentives, or bonuses, offering less desirable work, demoting, terminating, deactivating, placing on hold status, failing to rehire after a seasonal interruption of work, threatening, penalizing, retaliating, or otherwise discriminating against a grocery worker. “Adverse action” may involve any aspect of employment, including pay, work hours, responsibilities, or other material change in the terms and condition of employment. 2. “Aggrieved party” means a grocery worker or other person who suffers tangible or intangible harm due to a covered employer or other person's violation of this Ordinance. 3. “Base wage rate” means the regular hourly wage rate paid to a grocery worker. 4. “City” means the City of Costa Mesa. 5. “Grocery worker” means an individual who performs at least two (2) hours of work in a calendar week for a covered employer within the City of Costa Mesa, but does not include managerial, supervisory, or confidential employees of a covered employer. 6. “Covered employer” means any retail establishment, as defined herein, that is located in the City of Costa Mesa, employs at least 15 employees at the retail establishment, and whose owner, parent company, franchisor or network of franchises employs three hundred (300) or more employees nationally. For purposes of this definition, all Urgency Ordinance No. 2021-xx Page 4 of 9 employees who worked for compensation shall be counted, including but not limited to (a) employees who are not covered by this Ordinance; and (b) employees who worked in full-time employment, part-time employment, joint employment, temporary employment, or through the services of a temporary services or staffing agency. 7. “Hour worked” means the time during which a grocery worker is subject to the control of a covered employer, including any time that the employee is suffered or permitted to work or on-call. 8. “Person” means any individual, corporation, partnership, limited partnership, limited liability partnership, limited liability company, business trust, estate, trust, association, joint venture, agency, instrumentality, or any other legal or commercial entity, whether domestic or foreign. 9. “Premium pay” means an additional $4.00 per hour wage premium for each hour worked that is in addition to a grocery worker’s base pay rate and any commissions, gratuities, bonuses or any other form of regular or premium pay that is owed to the grocery worker, including but not limited to any holiday, overtime, or vacation pay. 10. “Retail establishment” means a retail establishment located in the City of Costa Mesa that: (a) (i) devotes seventy percent (70%) or more of its sales floor area to retailing a general range of food products, which may be fresh or packaged, or (ii) receives seventy percent (70%) or more revenue from retailing a general range of food products; (b) is more than 85,000 square feet and devotes 10% or more of its sales floor area to the sale of merchandise that is non-taxable pursuant to Section 6359 of the Revenue and Taxation Code, including retail establishments with multiple tenants, so long as consumer goods and nontaxable items are sold under the same roof with shared checkout stands, entrances, and exits; or (c) is a retail pharmacy that sells a variety of prescription and nonprescription medicines, as well as any combination of miscellaneous items, including but not limited to sundries, dry foods, packaged foods, beverages, fresh produce, meats, deli products, dairy products, canned foods, or prepared foods. Urgency Ordinance No. 2021-xx Page 5 of 9 B. PREMIUM PAY REQUIREMENT. 1. Each covered employer shall pay each grocery worker premium pay consisting of an additional four dollars ($4.00) per hour for each hour worked. 2. Covered employers shall provide the premium pay required for a minimum of one hundred twenty (120) days from the effective date of this Ordinance. 3. A covered employer that was providing hazard pay to grocery workers at a rate of $1.00 or more per hour as of the effective date of this Ordinance, and that continues to provide such hazard pay at the same rate while this Article is in effect, may credit the amount of such hourly hazard pay for each hour worked by a grocery worker towards meeting its obligations under this Ordinance. C. GROCERY WORKER PROTECTIONS. 1. It shall be unlawful for a covered employer to take any of the following actions, as a result of this Ordinance going into effect: (a) Reduce a grocery worker's compensation; (b) Limit a grocery worker's earning capacity. 2. A covered employer violates the prohibition if the requirements of this Ordinance are a motivating factor in the covered employer’s decision to take any adverse action, unless the covered employer proves that it would have taken the same action at the time that it did irrespective of the Ordinance’s operation. D. NOTICE OF RIGHTS. Each covered employer shall provide grocery workers with a written notice of rights established by this Ordinance in a form published by City. The notice of rights shall be in a form and manner sufficient to inform grocery workers of their rights under this Ordinance. The notice of rights shall provide information on: (a) The right to premium pay guaranteed by this Ordinance; (b) The right to be protected from retaliation for exercising in good faith the rights protected by this Ordinance; and (c) The right to bring a civil action for a violation of the requirements of this Ordinance, including a covered employer’s denial of premium pay as required by this Ordinance and a covered employer’s or other person's retaliation against a grocery worker or other person for asserting the right to premium pay or otherwise engaging in an activity protected by this Ordinance. Covered employers shall post the notice of rights required in a conspicuous location, and in an electronic format that is readily accessible to the grocery workers, including smartphone application or online web portal. The notice shall be in English, Spanish, and any other primary language spoken by at least 10% of the employees of a covered employer’s retail establishment. Urgency Ordinance No. 2021-xx Page 6 of 9 E. RECORD KEEPING. 1. Covered employers shall retain records that document compliance with this Ordinance, including payroll records listing the premium pay required by this Ordinance as a separate item, for a period of two years. 2. If a covered employer fails to retain adequate records required herein, there shall be a presumption, rebuttable by clear and convincing evidence, that the covered employer violated this Ordinance for each grocery worker for whom records were not retained. F. RETALIATION PROHIBITED. No covered employer shall discharge, reduce compensation for, or take any other adverse action against a grocery worker for opposing any practice proscribed by this Ordinance, for participating in proceedings related to this Ordinance, for seeking to exercise their rights under this Ordinance, or for otherwise asserting rights under this Ordinance. The protections of this Ordinance shall apply to any grocery worker who mistakenly, but in good faith, alleges non-compliance with this Ordinance. G. VIOLATION. The failure of any person to comply with any requirement imposed on it under this Ordinance is a violation. H. CIVIL ENFORCEMENT AND REMEDIES. 1. The remedies provided for in this Ordinance are cumulative and are not intended to be exclusive of any other available remedies, damages, penalties, fines, or relief. 2. Any grocery worker aggrieved by a violation of this Ordinance may bring a civil action in a court of competent jurisdiction against the covered employer or other person violating this Ordinance and, upon prevailing, shall be awarded reasonable attorneys’ fees and costs and such legal or equitable relief as may be appropriate to remedy the violation including, without limitation, the payment of any unpaid compensation due under this Ordinance plus interest, back pay, reinstatement, front pay in lieu of reinstatement, and rescission. 3. In addition to any other remedies set forth in this Ordinance, a person that acts with malice, fraud, or oppression in violating a grocery worker’s rights shall be liable for exemplary damages in the amount of two times the monetary damages suffered by the aggrieved grocery worker. I. ENCOURAGEMENT OF MORE GENEROUS POLICIES. 1. Nothing in this Ordinance shall be construed to discourage or prohibit a covered employer from the adoption or retention of premium pay policies more generous than the one required herein. 2. Nothing in this Ordinance shall be construed as diminishing the obligation of a covered employer to comply with any contract or other agreement providing more generous protections to a grocery worker than those required by this Ordinance. Urgency Ordinance No. 2021-xx Page 7 of 9 SECTION 2. MINIMUM REQUIREMENTS. This Ordinance provides minimum requirements for premium pay while working for a covered employer and shall not be construed to preempt, limit, or otherwise affect the applicability of any other law, regulation, requirement, policy, or standard that provides for premium pay, or that extends other protections to grocery workers. Nothing in this Ordinance shall be interpreted or applied so as to create any power or duty in conflict with federal or state law. Nothing in this Ordinance shall be construed as restricting a grocery worker’s right to pursue any other remedies at law or equity for violation of their rights. SECTION 3. Emergency Declaration/Effective Date. The City Council declares this Ordinance to be an emergency measure necessary to protect the public peace, health, or safety, to take effect immediately upon adoption pursuant to California Government Code section 36934. The facts constituting the emergency are as follows: the City Council finds and determines there is an urgent need to adopt the provisions of this Ordinance in order to reduce the risk that higher risk grocery and retail drug workers will leave their employment due to lack of adequate compensation for taking on that additional risk. Requiring grocery stores to provide premium pay to grocery workers compensates grocery workers for the risks of working during a pandemic. Grocery workers face magnified risks of catching or spreading the COVID-19 disease because the nature of their work involves close contact with the public, including members of the public who are not showing symptoms of COVID-19 but who can spread the disease. The provision of premium pay better ensures the retention of these essential workers who are on the frontlines of this pandemic providing essential services and who are needed throughout the duration of the COVID-19 emergency. As such, they are deserving of fair and equitable compensation for their work. the current and immediate threats related to the COVID-19 virus and pandemic, as set forth in the Recitals SECTION 4. Term. This Ordinance shall remain in effect for a period of 120 days after its adoption. SECTION 5. Uncodified Ordinance. This Ordinance shall not be codified in the Costa Mesa Municipal Code. Section 6. Inconsistences. Any provision of the Costa Mesa Municipal Code or appendices thereto inconsistent with the provisions of the Ordinance, to the extent of such inconsistencies and no further, are suspended or modified to that extent necessary to affect the provisions of this Ordinance, but only during the term of this Ordinance. Section 7. Severability. If any chapter, article, section, subsection, subdivision, sentence, clause, phrase, word, or portion of this Ordinance, or the application thereof to any person, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Ordinance or its application to other persons. The City Council hereby declares that it would have adopted this Ordinance and each chapter, article, section, subsection, subdivision, sentence, clause, phrase, word, or portion thereof, irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, phrases, or portions of the application thereof to any person, be declared invalid or Urgency Ordinance No. 2021-xx Page 8 of 9 unconstitutional. No portion of this Ordinance shall supersede any local, state, or federal law, regulation, or codes dealing with life safety factors. SECTION 8. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance as required by law. PASSED, APPROVED AND ADOPTED this ___ day of March, 2021. ___________________ Katrina Foley, Mayor ATTEST: APPROVED AS TO FORM: Brenda Green, City Clerk Kimberly Hall Barlow, City Attorney STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that the above and foregoing Urgency Ordinance No. 2021-xx was duly adopted at a regular meeting of the City Council of the City of Costa Mesa held on the 16th day of March, 2021, by the following roll call vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this __ day of March, 2021. _________________________ Brenda Green, City Clerk From: paulannekelly@ca.rr.com Sent: Monday, March 8, 2021 3:20 PM To: CITY CLERK Subject: Heroes Pay ordinance Dear City Council Members, I understand that a so-called Heroes Pay ordinance (?) is being considered by the Costa Mesa city council. I am opposed to such an ordinance because I don't believe that the city council has the legal right to direct any company what they should pay their employees (other than it be at or above the minimum wage for the state). If the grocery workers feel that they deserve extra pay, then they have a union to speak for them. The concept of cities dictating what companies should pay their employees is a socialist concept which doesn't belong in our American free society. Respectfully Submitted, Paul D. Kelly 2736 Mendoza Dr., Costa Mesa, CA 92626 ORANGE COUNTY BUSINESS COUNCIL 2 Park Plaza, Suite 1001 Irvine, CA926141 P 949.476.22421 F 949.476.04431 www.ocbc.org March 16, 2021 The Honorable Katrina Foley Mayor City of Costa Mesa 77 Fair Drive Costa Mesa, CA 92624 RE: Costa Mesa Hazard Pay for Grocery Workers — OPPOSE Dear Mayor Foley and Members of the City Council: Orange County Business Council (OCBC), the leading voice of business in Orange County, is a strong advocate for balancing support for workers with relief for businesses also reeling from the pandemic. A hazard pay ordinance for grocery and retail drug store workers will impose financial harm on employers at the worst possible time, while also unintentionally damaging workers and ultimately consumers and residents. Therefore, OCBC expresses our strong opposition to a local mandate requiring premium pay for any workers and asks the City Council to work with stakeholders to assess the full economic impacts and explore alternatives. Local grocery stores, pharmacies, retailers and other essential employers are committed to paying competitive wages and benefits to their employees. Since the start of the COVID-19 pandemic, they have invested significantly in infrastructure and enhanced safety protocols to protect frontline essential workers and shoppers. They have also provided incentive pay, bonuses and additional health benefits. According to an economic study released by the California Grocers Association, up to an additional $5/hour increase in pay could raise grocery prices by about $400 annually for the typical family of four at the worst possible time. A hazard pay ordinance could also harm workers, rather than help them. The economic study concluded that, if grocers must offset savings in operational costs, they would need to reduce work hours by 24 percent across the board. Higher costs could even force employers to shutter store locations. Shutting down grocery stores will result in increased food insecurity and food deserts, especially in low-income and disadvantaged neighborhoods. Furthermore, higher costs will ultimately be borne by consumers and community members in the form of increased prices, at a time when many families and residents are already economically burdened. A hazard pay ordinance for any industry should consider research and cannot be duplicative or rushed. For these reasons, OCBC opposes a hazard pay ordinance and strongly urges the Council to reevaluate this impactful policy. Sincerely, ^^ �at UIJ_ Jennifer Ward Senior Vice President of Advocacy and Government Affairs THE LEADING VOICE OF BUSINESS IN ORANGE COUNTY From: Wendy Leece <leecefam@sbcglobal.net> Sent: Tuesday, March 16, 2021 12:04 PM To: CITY CLERK Cc: CITY COUNCIL Subject: Re: Hazard Pay for Frontline Workers Honorable Mayor and Council Members, Re: New Business 4 I urge you to please reconsider your position to force businesses to award "Hazard Pay" to grocery workers. It is not the responsibility of government to interfere in the marketplace, even in a pandemic. By voting to approve this pay and force grocery stores to pay employees $4 per hour you are setting a dangerous precedent. In America we enjoy free markets, not subject to government intervention. Regardless of claims of excessive profits, it is not for the government to decide to order raises. Will you ask the owner of Amazon and Home Depot to do the same? What is next? By intruding into the workplace, intervening in a private employee - employer relationship, you as a city council are venturing into an area where you have no jurisdiction. It is not the government's role to impose "economic justice" to a certain class of employees, even if they are frontline workers. 1 All workers have freedom of choice and may decide to work or not to work at a business, depending on risks. That's the American way. Some workers belong to a union. It has been the historic role of unions in America to advocate for workers' rights and protections. Let the unions advocate for their employees. A Costa Mesa car repair owner, John Munteen, wrote a book called "Willing to Die" about why he left the tyrannical communist government in Romania. He passed away last year and his son now runs the business. That's why many fled communist countries to come to America ---for freedom. Let's not go down this path. This idea has consequences and is a bad idea. It's over -reach by government. Wendy Leece wewdu L_eece "The test of the morality of a society is what it does for its children.- Dietrich Bonhoffer