Palm Springs City Council to consider a draft urgency ordinance establishing ‘Hero Pay’ for frontline grocery and retail pharmacy employees

PALM SPRINNGS — Following the lead of the Coachella City Council, the Palm Springs City Council on Thursday will discuss and consider a draft urgency ordinance establishing “Hero Pay” for frontline grocery and retail pharmacy employees.

The draft urgency ordinance would require grocery and retail pharmacy stores within the city to provide premium pay of an additional $4 per hour to their workers for at least 120 days.

“Grocery store” would include stores that devote 70% or more of their business to selling food products or a store that dedicates at least 15,000 square feet of floor space to retailing a general range of food products. Therefore, in addition to stand-alone grocery stores, big box retailers that devote at least 15,000 square feet to food products would be covered by this ordinance. “Retail pharmacy” would include commercial chain pharmacies. Additionally, grocery stores and retail pharmacies would only be subject to the ordinance if they employ 300 or more workers nationally and more than 15employees per location within the City.

Earlier this month, the Coachella City Council unanimously approved “hero pay” for certain essential workers and extended the controversial hazard benefits to farmworkers.

The emergency ordinance requires certain agricultural operations – as well as grocery stores, retail pharmacy stores and restaurants – to provide an additional $4 per hour to their employees in Coachella for at least 120 days. The ordinance applies to those who employ 300 or more workers nationally and more than five employees in the city.

Coachella is reportedly first city in the nation to require premium pay for farmworkers, city leaders say.

Due to the specific impacts to grocery and retail pharmacy workers during the COVID-19 pandemic, the Palm Springs City Council has requested consideration of a draft urgency ordinance and corresponding regular ordinance, both of which would require grocery and retail pharmacy stores with up to 300 employees nationally and at least 15 employees per location in Palm Springs to provide premium pay of an additional $4.00 per hour to their workers in Palm Springs for at least 120 days.

Research conducted last year shows that workers at a grocery store in the U.S. tested positive for the novel coronavirus at a rate well above the rest of their community, researchers say.

According to a Palm Springs staff report, on March 19, 2021, the city of Long Beach adopted a Hero Pay ordinance, covering grocery store workers. The following day, the California Grocers Association filed a lawsuit against the City. On January 22, U.S. District Judge Dolly M. Gee denied the Association’s request for a temporary restraining order to stop enforcement of the ordinance before a court could hear the case, and set a hearing for February 19 on the Association’s request for a preliminary injunction to halt the Long Beach ordinance while  the case is pending. That hearing was postponed to Fe. 23. Details of the February 23 hearing will be provided prior to or at the City Council meeting discussing this item on Thursday, Feb. 25.

On Feb. 1, 2021 the Los Angeles Times reported that Kroger, which owns several supermarket chains, said it would close two stores in Long Beach in response to the city’s adoption of a “Hero Pay” ordinance. The stores slated for closure are a Ralphs and a Food 4 Less store, affecting 200 workers.

 

Image Sources

  • Grocery worker: Shutterstock