Workplace Dangers in Meatpacking Industry Increase Amid Covid-19 Pandemic

Meatpacking workers typically work eight-hour shifts, six days a week, and are frequently injured on the job. Common injuries lead to knee replacements, shoulder injuries, nerve damage, and many other health issues. Workplace injuries are abnormally high in the meatpacking industry (i.e., an average of two amputations occur each week). Workers are almost 10x more likely to die on the job than workers in other industries. The effect of the Covid-19 pandemic only increased the risks of working in the meatpacking industry.

The Effect of Covid-19 on the Meatpacking Industry:

Meatpacking plant supervisors sped up production lines in response to the increase in sick days taken by regular employees as Covid-19 spread throughout the state. Employees who couldn’t keep up with the increased production rate and those who were unable to put in overtime hours were disciplined or fired. Meatpacking industry workers not only fear exposure to the virus, but they fear being injured as they are expected to increase production amid increased employee shortages.  

LA’s Meatpacking Industry Shows 2nd Highest Number of Infections After Nursing Homes:

Fifty-three thousand food workers throughout the nation tested positive for Covid-19 since April 2020, and more than 200 of those died due to Covid-19. Most of them worked in the meatpacking industry. LA’s meatpacking industry showed the second highest number of Covid-19 infections, second only to nursing homes. The numbers may be higher since some businesses are slow to report positive cases, delay testing employees, and fail to report apparent outbreaks to the appropriate organizations.

Foster Farms Meatpacking Factory Outbreak: Accurate Reporting for Employee Safety

The Foster Farms factory was shut down so they could conduct a deep cleaning after officials discovered that eight Foster Farms employees died after they got the virus. Three hundred fifty-eight other employees tested positive for Covid-19. However, Foster Farms reported only one Covid-19 death in 2020. An internal memo noted a contradictory total of nine Covid-19 employee deaths in 2020. Employers are legally required to report work-related severe injuries, illnesses, or deaths, yet the Livingston Foster Farms facility failed to do so. As of August 2020, Cal/OSHA received reports of 122 fatalities and 494 injuries or illnesses related to Covid-19. Many believe the numbers are significantly higher due to failures to report accurately similar to the Livingston Foster Farms facility situation.

If you have questions about California labor law violations or how employment law protects you against the adverse effects of the Covid-19 pandemic, 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. 

Did Raising Covid-19 Concerns Lead to a California Woman's Wrongful Termination?

When the ad agency she worked for introduced a cruise line campaign amid the Covid-19 pandemic, Tiffani Harcrow was concerned. As a responsible employee and human being, she voiced those concerns. For doing so, Harcrow claims she was fired. 

Omelet Ad Agency Faces Wrongful Termination Lawsuit:

Tiffani Harcrow is a former employee of Omelet, an ad agency out of Culver City, California. Harcrow claims she was fired because she voiced her concerns about the agency's upcoming campaign to promote Princess Cruise Lines as "safe for travel" amid the pandemic. She didn't feel comfortable with the way the project minimized the risk of Covid-19, and felt it would be wrong to take part in the Princess Cruise Line ad campaign because it was misleading. Harcrow was fired in May 2020.

Harcrow Alleges Various Employment Law Violations:

The Plaintiff in the case, Harcrow, is 33 years old and was hired in May 2018 to fill the Associative Creative Director position at Omelet. During her time on the job, she received "glowing" work evaluations, and was regularly described as an all-star receiving praise from top professionals in the creative industry. Harcrow is now suing Omelet, her former employer and Culver City ad agency, alleging wrongful termination, retaliation, intentional infliction of emotional distress, and unfair business practices. Harcrow's suit seeks unspecified compensatory and punitive damages. Harcrow claims she was wrongfully terminated in May 2020 because she voiced her concerns questioning the honesty of the Princess Cruise Lines assignment at Omelet LLC and vocalized concerns that the campaign actively minimized the potential health threat of coronavirus. 

Retaliation for Voicing Concerns About the Misleading Campaign:

The retaliation Harcrow allegedly experienced in response to making her concerns about the project clear are classic whistleblower retaliation. In this particular instance, the whistleblower retaliation took place amid a worldwide crisis when an unprecedented virus swept the globe creating a global (deadly) health pandemic. Omelet did not respond to the media's request for comment after Harcrow filed suit, and Princess Cruises is not listed as a defendant in the case. 

Standing Up to Unreasonable Demands in the Workplace:

In April, when Omelet insisted that Harcrow lead her team in developing what she claims was a "materially false" Princess Cruise Lines marketing campaign that would be both misleading and dangerous amidst the global pandemic, she couldn't do it. The agency insisted they wanted her to create an aggressive marketing campaign that she saw as obviously designed to mislead consumers and create the misleading impression that it would be safe to travel on Princess Cruise ships on June 30th, even though evidence did not support this claim in any way. An ad agency briefing from April 22nd, 2020 spells out the client's own alleged objective to mislead their target market into believing the cruise ships were safe for travel. At that same time, Harcrow and other employees at Omelet ad agency knew official government agencies were already investigating the alleged failure of the cruise industry to protect passenger and cruise staff safety amid the pandemic. On March 14th, U.S. Centers for Disease Control issued a no-sail order that suspended all cruise line operations for 30 days. The following month, the no-sail directive was renewed through July 24th, 2020. While all evidence seemed to support Harcrow's concerns, he agency stood by their decision to urge the public to accept the cruise line as safe for travel. When Harcrow disagreed, she was allegedly terminated from her position.

If you need to discuss employment law violations in the workplace or file a wrongful termination lawsuit, 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.

California Mom Working from Home Claims Employer Fired her for Noisy Kids

A California mom recently filed an employment law complaint suing her former employer. Drisana Rios, a former insurance account executive, was working from home due to the Covid-19 pandemic. Rios claims she was terminated from her position because her kids were noisy while she took work phone calls.  

Was California Mom Fired Because Her Kids Were Noisy While Working from Home? 

Rios is now suing her former employer claiming gender discrimination and wrongful termination. Rios claims that she was told that the kids could be heard on business calls with clients and it was unprofessional. In Rios' complaint, she alleges that coronavirus closures in her area left her with no childcare options for her two children, a 4-year old and an infant. During the forced work from home stint, Rios was juggling nursing, nap schedules, and children's lunches while trying to complete her work – all at the same time because her boss insisted on scheduling work calls during the lunch hour. Rios claims she suggested afternoon calls to her boss and even made it clear that her schedule allowed for afternoon calls, but he continued to schedule the calls during the lunch hour while regularly complaining about hearing noise from the children in the background. 

Juggling At Home Life and Work Life in One Space During Covid-19 Business Closures: 

Rios described her time working from home with her two young children as a time when she was working very hard – she was meeting the deadlines even if that meant she was working at night too to make up for anything that needed to get done before she started work the next day. When the media reached out to Rios' employer, HUB International, they said that while they didn't comment on pending litigation, they were proud that they had successfully transitioned 90% of their over 12,000 employees who were able to work from home for their own and the public's safety during the Covid-19 pandemic. 

Experts Chime in on Parents, Expectations, and Working from Home During Covid-19:

Experts hearing more and more cases similar to Rios' are reminding parents that they might need to renegotiate expectations while they're working from home without access to childcare. Set yourself up for success in a new "work from home" stage by designating boundaries. Decide what you need to do to be successful in a work from home environment, identify what your employer needs from you, and what your family needs from you. And remember that you may be surprised by how many people on the other end of your business phone call, or web conference, or zoom meeting are dealing with very similar situations. It's easy at any time for working parents to feel like they're failing at everything, but it's a particular problem during the pandemic. Some qualifying employees consider options offered through the Families First Coronavirus Response Act. 

What Is the Families First Coronavirus Response Act? 

The act provides caregivers with the option to take leave if they need to care for a child whose childcare provider or school is unavailable or closed due to Covid-19. The act allows qualifying parents to receive full or partial pay for as many as 12 weeks. 

If you need to file a wrongful termination lawsuit or if you need to discuss other employment law violations, don't hesitate to 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.

Coronavirus Safety Lawsuits Lobbed at Both Safeway and McDonalds

Both Safeway and McDonalds are facing Coronavirus Safety lawsuits. After a former Safeway employee contracted Covid-19 and died, the massive grocery store chain ended up facing a California wrongful death lawsuit. McDonalds is also facing a California lawsuit based on numerous alleged safety violations related to employee safety amid the Covid-19 pandemic.   

Safeway Faces California Wrongful Death Lawsuit:

Pedro Zuniga and over 50 other Safeway workers were put to work in alleged hazardous conditions at Safeway's warehouse and contracted coronavirus. The employees were not provided with personal protective equipment, and social distancing practices were not put in place to protect the workers. The company discouraged employees from calling in sick, and placed them in close quarters during their shifts. After contracting coronavirus, Zuniga died. Zuniga's widow filed a wrongful death lawsuit.

Details of the Case: Zuniga v. Safeway 

Zuniga and approximately 1,700 other employees worked at the Tracy, California Safeway Distribution Center. In mid-March the massive warehouse was hit hard by a Covid-19 outbreak, but workers claim the company did nothing about it. Workers claim Safeway posted a sign at the warehouse listing employee guidelines regarding coronavirus. The signage allegedly did not recommend personal protective gear for workers (such as masks or gloves), even though both federal and state authorities advised PPE in such situations. Workers were required to work even when they were ill with coronavirus. Workers who spoke out against the company's handling of the situation were threatened with disciplinary action (the loss of "points" that could lead to termination).  

Worker Safety Violations Allegedly Resulted in Death:

Zuniga tested positive for coronavirus by April 1st, 2020 and was admitted to the hospital. Less than two weeks later, he died. The Zuniga family's legal counsel accuses Safeway of prioritizing production and company profits above worker safety. The California wrongful death lawsuit argues that the grocery store hid the outbreak in their warehouse, and failed to put appropriate safeguards in place to protect employees from coronavirus dangers until after Zuniga was in the hospital critically ill with the virus. Other deaths allegedly occurred amongst the family and friends of exposed Safeway workers who brought the coronavirus home with them.

Workers Claim Coronavirus Precautions Put in Place Too Late:

Workers claim that Safeway only put safety measures in place to protect workers from coronavirus exposure after Zuniga died. At that point, Safeway decided all employees would be required to undergo a health screening including a temperature reading prior to entering the facility. Another separate lawsuit was filed against Safeway for similar allegations in Alameda County Superior Court.

McDonalds Faces Class Action Lawsuit Citing Unsafe Conditions During Covid 19 Pandemic:

McDonalds employees filed a similar class action lawsuit but aren't seeking financial compensation. Workers are accusing McDonalds of not providing appropriate (and necessary) protective equipment to protect workers from coronavirus exposure. Instead of seeking financial compensation, McDonalds workers are insisting that McDonalds provide their workers with enough hand sanitizer, gloves, and masks, as well as training to help decrease the spread of coronavirus.                                                          

If you need to talk to someone about safety in the workplace amid the Covid-19 pandemic, or if you need to file a Covid-19 workplace safety lawsuit, 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.

Courts See Increase in Covid-19 Lawsuits Nationwide

Right now, the nation is struggling with the rippling effects of the Covid-19 pandemic, including devastating impacts on many California businesses. As California employers struggle to maintain and reopen their businesses, they face another issue: Covid-19 lawsuits.

The Number of Covid-19 Lawsuits is Increasing:

Over 2,000 lawsuits relating to Covid-19 were filed in Federal and State courts as of the beginning of summer 2020. Some claims are exposure related; others focus on employee claims relating to workplace health and safety, discrimination violations, or wrongful termination.  As of the middle of June 2020, over 230 lawsuits citing employment law violations were filed in connection to Covid-19; including 30 class-action lawsuits). Interestingly enough, California is leading the nation in the number of Covid-19 employment law cases with 32 lawsuits already filed with the courts.

Three of the Most Common Workplace Liability Covid-19 Claims:

Many California employers are facing allegations of workplace liability due to the rapid pace at which the government (at federal, state, and local levels) enact laws to respond to the ever-changing Covid-19 pandemic and how it is addressed in public spaces and the workplace.

Common Workplace Liability Covid-19 Claim: Paid Leave Claims

Paid Leave Claims: New laws, ordinances, or regulations were adopted by the federal government (Families First Coronavirus Response Act (FFCRA)), and state/local governments connected to employee paid leave during the Covid-19 pandemic. Many Covid-19 employment law claims allege that employees were denied leave or that employees saw workplace retaliation due to seeking leave.

Common Workplace Liability Covid-19 Claim: Discrimination Claims

Since the number of discrimination claims tend to increase alongside unemployment rates, it’s fair to assume the unprecedented levels of Covid-19 related unemployment will coincide with unprecedented numbers of workplace discrimination claims. The Americans with Disabilities Act regulates what medical information employers can seek from their workers, and requires that employers provide reasonable accommodation for employees with disabilities. The Americans with Disabilities Act seems to be a likely source for a significant number of Covid-19 discrimination claims. Other laws that prohibit discrimination based on pregnancy, age, gender, etc. may also see an increase in discrimination claims, particularly as businesses begin to urge workers to return to the workplace. Some employers who prevent or discourage older workers/pregnant workers from returning to the workplace may find themselves facing legal consequences even if they intended to protect their workers from exposure. (The U.S. Equal Employment Opportunity Commission prohibits employers from preventing older workers or pregnant workers from returning to work if they wish to do so).

Common Workplace Liability Covid-19 Claim: RIFS & Downsizing Claims

When businesses are forced to downsize their workforce due to Covid-19, they should be cautious and consider the federal Worker Adjustment and Retraining Notification (WARN) Act. Under WARN, employers must provide workers with 60 days’ notice before they are laid off for an extended period or before the business is closed (certain exceptions are provided, but the applicability of any exceptions in relation to Covid-19 business layoffs and closures is still unclear). Additionally, WARN’s “lookback” provisions may require a notice even if an employer is not letting all their employees go at the same time. Businesses reopening with uncertainty regarding the coming months should carefully consider the WARN Act obligations as well as applicable state laws.

If you need to discuss other employment law violations related to the Covid-19 pandemic or if you need to file an employment law Covid-19 lawsuit, 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. 

Seasonal Cannery Workers Forced to Quarantine in LA Hotel Without Pay

Close to 150 seasonal cannery workers were forced into quarantine at a Los Angeles hotel. About 150 workers were hired from Mexico and Southern California on June 2nd to work in North Pacific Seafoods’ Red Salmon Cannery in Naknek, Alaska. The group was scheduled to work through August 2020.

Seasonal Workers Forced to Quarantine Due to Coronavirus

According to the lawsuit filed in San Francisco Superior Court, the salmon cannery seasonal workers were forced to quarantine without pay at a Los Angeles hotel after three of the 150 tested positive for coronavirus. Instead of earning the expected three months’ of vital wages, the seasonal workers have been stuck at the Crowne Plaza hotel since June 10th. Since North Pacific Seafoods had not seen the lawsuit, they did not comment on the suit. Still, they did say that Alaskan authorities issued orders requiring a 14-day control quarantine followed by coronavirus testing before anyone could work at a seafood processing plant in the state.

Workers Under Forced Quarantine at Crowne Plaza LAX

Crowne Plaza LAX, where the group is under forced quarantine, stated that they do not comment on pending litigation, but that they prioritize the health and safety of all guests and hotel workers. The hotel’s spokesperson wanted to clarify that the hotel did not prevent any guest from leaving the property and that all guests were provided safe, comfortable lodgings, including three full meals each day. 

Seasonal Workers Were In Transit to Work at Alaska Cannery

Pacific Seafoods is based in Seattle, Washington. Each summer, the company hires hundreds of seasonal workers from all over the world to fill temporary jobs at the Naknek cannery in Alaska. Seasonal workers are typically promised round-trip transportation to and from the point of hire, plus room and board. This year, seasonal workers were sent to the LAX hotel for coronavirus testing before leaving for the cannery. When they arrived at the hotel, they had to wait in a crowded hallway and fill out paperwork (sharing pens). The group remained in close proximity for close to six hours, according to the lawsuit.

All 150 Workers Required to Quarantine After a Few Positive Test Results:

Four days later, coronavirus test results came back, and three of the workers had positive results. As a result, quarantine was extended for all 150 workers until June 25th. At that time, workers were advised that they would not be paid during the quarantine. The plaintiffs allege that the hotel deactivated their keycards, and they could no longer come and go. The seasonal workers also claim they were warned that leaving their rooms would mean immediate termination. 

Plaintiffs claim that since the forced quarantine began, they have been provided with no more than two meals per day, are prohibited from leaving the premises for additional food or supplies, and are barred from accessing hotel room service or other hotel services. Plaintiffs allege false imprisonment, nonpayment of wages, failure to pay minimum wage, failure to pay overtime, negligence, and unlawful business practices. Legal counsel for the plaintiffs plans to seek a temporary restraining order within the week to get the workers immediate payment.

If you have questions about California labor law violations or how employment law applies to your workplace, 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.

Corona-virus Employment Lawsuits Flood Courts

As of the second week of May 2020, 917 federal and state lawsuits had been filed based on claims related to the Covid-19 pandemic. The flood of coronavirus related cases is unprecedented.

Which Workers Are Filing Covid-19 Related Lawsuits?

Nurses and Retail Workers: Employers are being sued for allegedly putting their employees in unsafe work environments during the pandemic.

College Students & Consumers: Students are insisting they receive tuition refunds, and consumers who pre-purchased concert tickets, memberships, and travel are demanding refunds.

Businesses: Some businesses claim insurance companies are attempting to sidestep coverage obligations.

Children of Undocumented Immigrants: Some people are insisting that they are being deprived of stimulus checks issued by the American government.

And that’s just a quick summary of all the Covid-19 related suits the courts are facing.

Major Catastrophes and Downturns Tend to Unleash a Torrent of Lawsuits:

History shows that major catastrophes or downturns tend to unleash a torrent of lawsuits. The Covid-19 pandemic is no exception. While the number of Covid-19 related lawsuits already filed seems high, experienced attorneys suggest that litigation related to the pandemic may easily continue to be filed for the next few years, and litigation will most likely continue for a decade. Although, predictions are just that…predictions. And these predictions are less stable than most since we are dealing with something completely unprecedented in scale, complication, and science.

Some of the Early Covid-19 Employment Law Cases:

Some of the earliest claims in connection to the Covid-19 pandemic were filed by nurses, which makes sense because nurses are on the frontline as the pandemic progresses. Many complaints filed by nurses are based on allegations that nursing staff was required to work without receiving the necessary protective gear to keep them safe. Some nurses are filing employment law claims after exposure to the coronavirus left them testing positive for Covid-19. Some are filing suit because after they tested positive for Covid-19, their supervisors did not make accommodations for their illness, provide them with the necessary equipment or re-assign them to appropriate alternate job duties or sites. Nurses in these situations may feel pressure to resign their position.

Employment Law Claims Related to the Covid-19 Pandemic:

• Workplace Safety Claims

• Discrimination Claims

• Wrongful Termination Claims

• Overtime Claims (Employees working from home may sue overworking too many hours)

• Families First Coronavirus Response Act (Employees may sue when employers do not provide the required paid leave for childcare)

• Unreimbursed Business Expenses for Telecommuters

If you need to talk about employment law violations during the pandemic or if you need to file a California employment law claim, we can help. Get in contact 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.