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MORRISON <br />425 MARKET STREET <br />F O E R 5 T E R SAN FRANCISCO <br />CALIFORNIA 94105-2482 <br />TELEPHONE: 415.268.7000 <br />FACSIMILE: 415.268.7522 <br />W W W.MOFO.COM <br />March 5, 2021 <br />Via Email <br />The Honorable Diana Howard <br />City Council <br />1017 Middlefield Road <br />Redwood City, California 94063 <br />Re: Hazard Pay for Grocery Workers Ordinance <br />Dear Council Members: <br />MORRISON & FOERSTER LLP <br />BEIJING, BERLIN BOSTON, BRUSSELS, <br />DENVER HONG KONG, LONDON <br />LOS ANGELES NEW YORK PALO ALTO <br />SAN DIEGO SAN FRANCISCO SHANGHAI <br />SINGAPORE, TOKYO, WASHINGTON, D.C. <br />Writer's Direct Contact <br />+1 (415) 268.6358 <br />WTarantino@mofo.com <br />We write on behalf of our client, the California Grocers Association (the "CGA"), regarding <br />the proposed discussion on the City Council's March 8, 2021 agenda to implement a "hazard <br />pay" ordinance for grocery workers in Redwood City. Any hazard pay ordinance will <br />compel grocers in Redwood City to spend less on worker and public health protections in <br />order to avoid losses that could lead to closures. In addition, an ordinance would interfere <br />with the collective-bargaining process protected by the National Labor Relations Act (the <br />"NLRA"), and unduly targets certain grocers in violation of their constitutional equal <br />protection rights. We respectfully request that the City Council take a careful and considered <br />look at these issues before making any decision on a hazard pay ordinance. <br />Hazard nay ordinances do not address frontline workers' health and safety, The purported <br />purpose of these ordinances are to protect the public health and safety, but these ordinances <br />as proposed in every city have been devoid of any requirements related to the health and <br />safety of frontline workers or the general public and instead imposes costly burdens on <br />certain grocers by requiring them to provide mandatory wage increases of up to $5.00 per <br />hour for all hours worked. A wage increase does not play any role in mitigating the risks of <br />exposure to COVID-19, nor is there any evidence that grocery store workers are exposed to <br />higher risks than other essential workers. If anything, an ordinance could increase those <br />risks, as it may divert funds that otherwise would have been available for grocers to continue <br />their investments in public health measures recognized to be effective: enhancing sanitation <br />and cleaning protocols, limiting store capacity, expanding online orders and curbside pickup <br />service, and increasing spacing and social distancing requirements. <br />sf-4441468 <br />