As quick meals employees throughout California push for increased wages and extra protections, Santa Clara County is seeking to create a know-your-rights coaching program for such workers — a lot to the objection of small enterprise house owners and franchisees.
County officers are anticipated to return to the Board of Supervisors in August with extra particulars on what this system will entail, however Supervisors Betty Duong and Susan Ellenberg, who authored the advice, requested that it cowl “core worker rights topics” together with wages, advantages, sick time, parental and household leaves, office security, whistleblower rights, employees compensation and harassment and discrimination legal guidelines.
A 2024 report from the Step Ahead Basis and the California Quick Meals Staff Union discovered that of the 300 employees surveyed throughout 213 quick meals areas within the state, 88% didn’t learn about their fundamental office rights like paid sick depart and meal breaks. Ninety-three % had been additionally unaware of advantages just like the Household Medical Go away Act, incapacity insurance coverage and employees compensation. There are upwards of 25,000 quick meals employees in Santa Clara County throughout 1,300 areas, in response to union estimates.
As a result of many quick meals employees don’t know their rights, Duong, a former employment regulation lawyer, stated that “they are unable to speak up and enforce their rights for basic employee benefits that are taken for granted by many of us.”
Ellenberg stated the report makes it clear that “despite state-mandated employer-led trainings, too many workers still do not fully understand their employment rights.”
“I believe that many employers, especially of locally owned family businesses or franchises, may be well intentioned, but in order to ensure that no one falls through the cracks additional training could benefit everyone,” she stated.
Ellenberg requested county officers to create a program that gained’t come at a price to the county given present budgetary issues.
Wearing purple California Quick Meals Staff Union shirts, greater than a dozen employees, together with union leaders and group advocates, urged the supervisors on Tuesday afternoon to maneuver ahead with Duong and Ellenberg’s suggestion.
“We need to ensure that workers like me know our rights whether it’s about taking breaks, fair compensation or knowing who to turn to when something goes wrong,” Margarita, a employee at In-N-Out Burger, informed the board. “I’ve seen the consequences of unsafe practices. One of my coworkers got hurt but didn’t report it because he feared losing his job. These aren’t isolated incidents.”
Santa Clara County’s resolution to create a know-your-rights coaching program follows a number of labor wins for California quick meals employees. Final April, the state enacted a brand new $20 minimal wage for quick meals employees — and one other 70 cent enhance might quickly be coming. California additionally established a brand new nine-member Quick Meals Council made up of union representatives, enterprise house owners and employees that’s imagined to set office requirements for the trade.
However many of those initiatives have been met with push again from quick meals firms and different franchisees. In 2022, McDonald’s USA President Joe Erlinger known as among the proposals “lopsided, hypocritical and ill-considered legislation.” A few of those self same sentiments emerged at Tuesday’s assembly from native franchise operators who wore yellow stickers with the phrases “proud local restaurant owner.”
The Defend Santa Clara County Eating places coalition argue that the coaching would duplicate different necessities outlined in California labor regulation and would unfairly goal small enterprise house owners — lots of whom they are saying are individuals of shade, immigrants and ladies. The coalition additionally pointed to San Jose’s resolution final 12 months to say no making a coaching mandate, citing budgetary constraints and the latest creation of the Quick Meals Council.
However Duong famous this system gained’t be a mandate and as an alternative can be voluntary with incentives. Companies that opt-in can be licensed as “Employers of Choice.” The supervisor stated it’s going to mimic the county’s wholesome nail salon recognition program, which was enacted in 2014 and inspired salons to make use of safer merchandise and enhance air flow. As of June 2024, 111 nail salons have participated in this system, in response to the county.
“There is no onus, there is no requirement, there is no legislative change today,” Duong stated. “This is what I consider a gift to both our workers and our employers: a top-tier, gold standard, comprehensive training that reflects the ever changing landscape of labor laws that is offered in a comprehensive, least impactful way.”
However some native enterprise house owners stay skeptical. Brian Hom, who owns two Vitality Bowls areas in San Jose, stated in an interview that he’s uncertain of what number of franchisees will determine to opt-in if it’s going to value them. New laws, just like the $20 minimal wage, have already harm his enterprise, he stated, and compelled him to extend prices, reduce hours for workers and cease hiring altogether. His household now works extra hours on the eating places to make ends meet.
Hom, like different franchisees that spoke at Tuesday’s assembly, stated he already posts his workers’ office rights on the wall and solutions any questions they could have. If he doesn’t know, he refers them to an out of doors employment group he works with.
Throughout Tuesday’s assembly, Supervisor Margaret Abe-Koga, who’s a former small enterprise proprietor, stated she desires to make sure that “any action we take in the future does not present a significant undue burden to small business owners especially in these economic times.”
Many union leaders although, don’t consider the coaching will come at a big value to small enterprise house owners.
“Participating employers would end up reimbursing the county for what would be about $100 per worker based on past experiences,” Jeffrey Buchanan, Working Partnerships USA’s director of coverage and public affairs, informed the board. “Certainly we’ve heard from a number of fast food employers who keep saying that this would be costly. But ask yourselves, what would be so costly about workers knowing their rights?”
