Arcata to continue hazard pay ordinance research
With several factors to define and questions regarding impact on businesses, the Arcata city council did not move forward with a request to adopt an emergency ordinance requiring large grocery stores and/or drug stores to provide hazard pay to their public-facing employees.
As detailed in a city staff report, the request for this emergency ordinance was brought forward by the United Food and Commercial Workers Union. Several councilmembers have received information regarding other municipalities’ implementation of hazard pay ordinances.
The input from the UFCW input, as detailed in the staff report, appears to request a 90-day hazard pay period for grocery stores only, unless extended or if the city moves into the Yellow Tier. Stores that employ 500 or more nationwide and 15 or more in Arcata would be required to pay an extra four dollars per hour. Likewise, stores employing more than 25 but less than 500 in Arcata would be required to pay an extra $3 per hour.
The council was requested to consider, if interested in moving forward with an ordinance, to discuss the ordinance length, size of employers, types of businesses included, and premium pay per hour and conduct research to be aware of potential legal challenges.
Currently eight California cities, San Francisco, Los Angeles, San Jose, San Mateo, Montebello, Irvine, Long Beach and Oakland, have considered and adopted similar measures, with extra pay ranging from $3 to $5 and localized clauses specific to each jurisdiction.
At the time to make a motion, Vice Mayor Brett Watson motioned to direct staff to collect more information to answer any outstanding questions and return to the subject at a later date.
Councilmember Sarah Schaefer seconded the motion and suggested directing staff to help draft an ordinance which can be worked with to modify numbers and tiers of stores. However, Watson pointed out the things to define are still in the air.
“If we were to pass an ordinance, we need to land on particular numbers.”
— Mayor Sofia Pereira
Attorney Nancy Diamond pointed out the city has used urgency ordinances a few times during the pandemic to pass immediate legislation. She also pointed out some cities are adopting the similar ordinances as an emergency ordinance and while introducing legislation through the full ordinance process.
“The use of an emergency ordinance is confined to very specific situations. So if it gets challenged and it’s not legitimate then you can fall back on a legitimate ordinance, ” Diamond stated. She added the council may try to bring forward a bill with blank fields to be defined, if it desired, after the proper research.
Mayor Sofia Pereira did not have any recommendations at the time of motion, but wanted to consider the extra compensation as a percentage versus dollar amounts and employer size.
“If we were to pass an ordinance, we need to land on particular numbers. That is something worth talking about when talking about these different sized employers,” she said.