Court Blocks Oakland McDonald’s Restaurant from Reopening Without COVID-19 Safety Measures

On June 22, 2020, the Alameda County Superior Court issued a temporary restraining order preventing an Oakland McDonald’s restaurant from reopening without compliance with COVID-19 safety precautions and approval by the Alameda County Department of Environmental Health.  In the lawsuit, McDonald’s workers represented by Altshuler Berzon LLP allege that the restaurant’s inadequate health and safety practices, including requiring workers to work while sick and not ensuring sufficient cleaning, personal protective equipment, or social distancing, spread COVID-19 among workers and their families and created a public nuisance.  The temporary restraining order is in effect until a July 2, 2020 hearing on the workers’ request for a preliminary injunction.  The case is Yamilett Olimara Osoy Hernandez, et al. v. VES McDonald’s, et al., Alameda County Superior Court, Case No. RG20064825.  The restaurant is located at 4514 Telegraph Avenue in Oakland, California.

You can read more about the case here and here.

Oakland McDonald’s Workers Sue after More than a Dozen COVID-19 Cases

Represented by Altshuler Berzon LLP, four McDonald’s workers and one worker’s minor child filed a lawsuit today in Alameda County Superior Court seeking injunctive and other relief against the owners and management of an Oakland McDonald’s restaurant, alleging that inadequate health and safety precautions have led to a major COVID-19 outbreak among workers, their families, and the community.

As outlined in the Complaint, the lawsuit alleges that the management and ownership of the restaurant, located at 4514 Telegraph Avenue, discouraged workers and managers who were sick with COVID-19 symptoms from taking sick leave and otherwise failed to ensure safe working conditions, including by not requiring adequate cleaning, PPE, or social distancing.  The lawsuit also alleges that after some workers tested positive, the restaurant failed to inform co-workers promptly of their exposure or of the need to self-quarantine.  At least 11 workers from the restaurant, plus 6 members of their families, have contracted COVID-19 since mid-May.  And an additional 7 workers at a Berkeley McDonald’s restaurant, whose workforce overlaps with the Oakland location, have now also contracted COVID-19.

The lawsuit alleges that the defendants’ grossly inadequate response to this Coronavirus outbreak constitutes a public nuisance.  Plaintiffs also bring claims under the Unfair Competition Law, Oakland’s Emergency Paid Sick Leave Ordinance, and Oakland’s Paid Sick Leave Ordinance.

The plaintiffs are asking the court to issue a temporary restraining order (TRO) that would require the owners and managers of the 4514 Telegraph Avenue restaurant to take measures necessary to prevent the further spread of COVID-19 before the restaurant (which is presently closed) is allowed to reopen.

Arbitrator Rules for Union in Shift Differential Dispute

Employees of a defense contractor at Beale Air Force Base who work the afternoon and midnight shifts will receive shift differential premium pay for all hours, including their paid time off, as a result of an arbitration decision issued May 22, 2020.  Labor arbitrator John Caraway ruled for workers employed by InDyne Corp. who are represented by IBEW Local 340, finding that the union and the employer agreed in negotiations for their last collective bargaining agreement to extend shift differential pay to paid time off as well as hours worked.  

Altshuler Berzon LLP represented Local 340 in the arbitration.

Altshuler Berzon LLP Welcomes 2020 Summer Associates

Altshuler Berzon LLP is pleased to welcome its 2020 Summer Associates: J. Colin Bradley (New York University School of Law), Cody Kahoe (Stanford Law School), Ariella Park (Stanford Law School), Derrick Rice (Yale Law School), Grace Rybak (Stanford Law School), and Emanuel Waddell (Yale Law School).

Additionally, Altshuler Berzon LLP congratulates them on accepting the following post-graduation judicial clerkships:

J. Colin Bradley will be clerking for Judge Raymond J. Lohier of the Court of Appeals for the Second Circuit for the 2024-25 term.

Cody Kahoe will be clerking for Judge Marsha S. Berzon of the Court of Appeals for the Ninth Circuit for the 2021-22 term, and for Judge Christopher R. Cooper of the District of the District of Columbia for the 2022-23 term.

Ariella Park will be clerking for Judge John A. Kronstadt of the Central District of California for the 2021-22 term, and for Judge Marsha S. Berzon of the Court of Appeals for the Ninth Circuit for the 2022-23 term.

Derrick Rice will be clerking for Judge David J. Barron of the Court of Appeals for the First Circuit for the 2021-22 term.

Grace Rybak will be clerking for Judge James S. Gwin of the Northern District of Ohio for the 2021-22 term, and for Judge Cornelia T.L. Pillard of the Court of Appeals for the District of Columbia Circuit for the 2022-23 term.

Emanuel Waddell will be clerking for Judge Paul J. Watford of the Court of Appeals for the Ninth Circuit for the 2021-22 term.

The law firm typically hires five or six summer associates each year. Information about recruiting is available by clicking here.