Are California Employers Retaliating Against Low Wage Workers Insisting on Covid-19 Safety Accommodations?

In June, a California employee at a Boyle Heights McDonalds location, Lizzet Aguilar, went on a four-day strike demanding that the company provide workers with appropriate protective equipment and put social distancing regulations in place at the fast-food restaurant to help fight the spread of coronavirus. Aguilar’s supervisor allegedly responded harshly, escalating adverse treatment towards her after the strike, and insisting that she work faster while telling her co-workers not to assist her.

Are California Employers Retaliating Against Workers Concerned About Covid-19 Safety?

Aguilar claims that her supervisor was tougher on her after she demanded changes for Covid-19 safety. According to Aquilar, the supervisor was stricter and yelled at her more on the job. The surge in California coronavirus cases fueled by the reopening had many California businesses escalating their safety protocol, implementing stricter social distancing measures, etc. However, other California employers failed to respond actively. While public health officials state that making workplaces safer is an essential element to slow the spread of coronavirus, many low wage workers are not voicing safety concerns in fear of workplace retaliation.

Essential Workers and Low Wage Workers Worry About Their Jobs

The pandemic is taking its toll on California’s essential workers. A significant number of California’s essential workers working in factories, retail establishments, hotels, hospitals, or agricultural fields throughout the state are wary of voicing Covid-19 safety concerns. Some fear voicing their concerns because they are in the country illegally and don’t qualify for unemployment benefits. If they lose their job, they may not find another. When working for a California employer who doesn’t provide proper protections, they’re forced to choose between risking their job security or risking their health and safety.

California Labor Law Protects Against Workplace Retaliation:

California law protects workers from retaliation in response to voicing safety concerns or refusing to engage in work that could be hazardous. Suppose a California employee is targeted by their employer or a supervisor on the job because they voice safety concerns. In that case, they should contact a California employment law attorney as soon as possible. Many companies are already facing legal action for failing to enforce mandates on masks and physical distancing to slow the spread of Covid-19, and experts believe that only a fraction of the claims have been filed. Many of the workers who already filed complaints are essential workers – some undocumented workers.

If you need to discuss how to file a workplace retaliation lawsuit or if you have questions about identifying California Labor Law violations, please get in touch with Blumenthal Nordrehaug Bhowmik DeBlouw LLP. Experienced employment law attorneys are ready to assist you in any one of various law firm offices located in San Diego, San Francisco, Sacramento, Los Angeles, Riverside, and Chicago.