Ryan Cowdin
Fri, 08/20/2021
A McDonald’s franchise in Oakland, California recently settled a lawsuit brought by workers claiming it failed to take adequate COVID-19 precautions during the pandemic. The settlement is unique in scope because it not only requires McDonald’s to fix past practices related to COVID-19, but also establishes an employer-employee committee dedicated to maintaining a workspace safety dialogue in the future. This “Worker Safety Committee” will allow employees more control over workplace conditions and help McDonald’s maintain a safe workspace.
The facts giving rise to the lawsuit are egregious. The workers allege that, when the pandemic began and they asked for protective equipment, McDonald’s first provided them with masks made out of coffee filters and dog diapers, and then, after providing real single-use masks, required employees to keep using these for days. The employees further claim McDonald’s required employees with clear COVID-19 symptoms (who later tested positive) to work, ultimately resulting in 25 workers and their family members contracting the virus (including a baby). The conditions were so bad at this McDonald’s franchise that, in May 2020, around 20 workers simply refused to show up.
To settle the suit, McDonald’s has agreed to take a wide array of remedial measures. It will provide paid sick leave, masks, and gloves; regularly enforce social distancing requirements; disinfect surfaces; and require workers with COVID-19 symptoms to stay home. Notably, though, the settlement does not only require McDonald’s to remedy past practices. It also requires McDonald’s to establish a Worker Safety Committee, whereby the franchise owner and managers will meet with employees once a month to discuss how to maintain a safe workspace moving forward. This type of agreement is the first of its kind in the country, and hopefully provides a framework for resolving other workspace issues in the future—one that ensures employers are listening to their employees when considering steps to keep the workplace safe.
