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Judge rules in Long Beach’s favor in ‘hero pay’ lawsuit, keeping grocery wage bump in place – Long Beach Press Telegram


A federal judge on Thursday, Feb. 25, denied a bid by the California Grocers Association to temporarily overturn a Long Beach ordinance requiring an additional $4 in hourly “hero pay” for supermarket workers who face greater risk performing their jobs during the coronavirus pandemic.

U.S. District Judge Otis D. Wright II concluded that in its argument for a preliminary injunction — a temporary stop to the law — the CGA failed to establish a likelihood of success on its claims.

“Amazing news,” Long Beach Mayor Robert Garcia said on Twitter. “Standing up for hardworking people is always the right thing to do.”

The lawsuit, filed in Los Angeles federal court last month, asked the court to declare the hazard pay decree invalid and unconstitutional.

The CGA argued that the ordinance, enacted Jan. 19, is illegal because, by singling out certain grocers and ignoring other groups that employ essential frontline workers, it violates the constitutional requirement that similarly situated people be treated alike. The CGA also argued that the ordinance is preempted by the federal National Labor Relations Act, which protects the integrity of the collective-bargaining process.

“Grocery store workers are frontline heroes, and that’s why grocers have already undertaken a massive effort to institute measures to make both workers and customers safer in stores,” Ron Fong, the CGA’s president and CEO, said when the suit was filed. “But this ordinance is clearly illegal in that it interferes with the collective-bargaining process and singles out only certain grocers while ignoring other retail workers and workers in other industries providing essential services during the pandemic.”

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