Workers given ‘doggie diapers’ in lieu of masks
Workers at a McDonald’s in Oakland who said managers gave them “doggie diapers” and coffee filters instead of masks as coronavirus protective gear last year, leading to an outbreak of disease and a 33-day strike, say their employer has agreed to settle their lawsuit with changes to safety conditions and regular health checkups.
The fast-food outlet at 4514 Telegraph Ave. shut down in
May 2020 after 20 workers refused to show up, saying unsafe conditions had already sickened 25 employees and family members. It reopened in July only after Alameda County Superior Court Judge Richard Seabolt ordered McDonald’s to provide masks and gloves to the workers and take other safety measures, including wellness checks, regular temperature testing and hand-washing breaks every 30 minutes.
In a settlement Thursday of a
suit by four employees and one of their children, the owners agreed to leave those measures in place for the next year unless they are no longer recommended by federal, state or local health agencies, said the workers’ lawyer, B.J. Chisholm. She said McDonald’s also agreed to set up a safety committee, perhaps the first of its kind for a fastfood restaurant, in which managers would meet monthly with employee representatives to discuss health concerns.
According to the lawsuit, after the first wave of COVID-19 cases in March 2020 led state and federal officials to declare states of emergency, workers at the restaurant asked their employer for masks and instead were given dog diapers and coffee filters to cover their faces.
Later, they said, the company provided masks but required workers to use them for several days before replacing them. They said they were also given flimsy gloves that tore easily.
In addition, the suit said, three of the plaintiffs reported coronavirus symptoms but were required to compete their shifts or report for work. All three later tested positive for COVID-19.
The restaurant failed to notify or protect employees who were exposed to ailing co-workers, refused to send workers home on paid sick leave, and made no attempt to keep workers 6 feet apart, the suit said.
The suit was filed against VES McDonald’s, which owns four restaurants in the area. Its lawyers declined to comment on the settlement.
Although the company “could have done more to keep workers safe during the pandemic,” Chisholm said Thursday, “reaching this settlement with the McDonald’s franchisee is an important step forward because it secures workplace protections and ensures workers will have a role in responding to the ever-evolving challenges posed by the pandemic.”
The five plaintiffs said in a statement that they hope the agreement “can serve as a model for other employers.”