Not so fast on new regs on state fast food
If there were an annual awards banquet for Worst Ideas Introduced in Legislation, California would certainly dominate the competition every year, and this year, a bill threatening to turn the government into a labor union for fast food employees might very well win the top trophy.
Assembly Bill 257 is titled the “Fast Food Accountability and Standards (FAST) Recovery Act.” It would establish a “Fast Food Sector Council” of 11 government appointees tasked with regularly reviewing the “adequacy” of health, safety and employment standards in fast food restaurants, and then “establishing sectorwide minimum health, safety, wage, working hours and employment standards.”
These standards, which would apply only to fast food restaurants, would expose both the franchisees and the franchisors to fines and other enforcement actions by the state's labor commissioner. The law would makes it easier for employees to sue if they think they were “discharged, discriminated or retaliated against for exercising their rights,” and it authorizes the labor commissioner to take action against employers even without an employee complaint.
The bill is co-sponsored by the California State Council of Service Employees International Union and by Fight for
15, which has been organizing walk-outs by fast food workers since 2012.
The new “sector council” would be empowered to write new standards for fast food employment, exactly as a union's contract negotiating committee would, but with one significant difference: the sector council's demands would be enforced by the California state government, not negotiated at the bargaining table. The “standards,” the equivalent of contract demands, would be implemented with government force.
Fast food restaurants already operate under robust laws and regulations. The labor commissioner is already empowered to investigate employee complaints and enforce the laws against wage theft and other abuses. Restaurants are already required to comply with the occupational safety and health regulations enforced by Cal/ OSHA, the health and sanitation standards for retail food facilities spelled out in the California Retail Food Code, the regulations of the California Department of Public Health and the requirements of local health departments.
Restaurants, including fast food restaurants, are struggling after two years of pandemic restrictions, and many didn't make it through alive. Now the survivors are contending with a labor shortage, supply chain disruptions and ruinous inflation that is squeezing profit margins even as higher prices threaten to drive away customers. AB 257 would add a new state “council” that would continuously add more regulations and mandates onto this beleaguered industry.
Although activists like to point to the corporate headquarters of well-known fast food brands, franchisees are generally small business owners. A franchisor such as McDonald's doesn't have control of every business decision made by a restaurant owner. But AB 257 seeks to hold “billion dollar companies” such as McDonald's “accountable” for “workplace injustices” as defined by the sector council, over and above the requirements of current law that apply to other businesses.
California is regularly cited in business publications as one of the worst states in which to do business, with high taxes, excessive regulation and laws that enable frivolous lawsuits. AB 257 is over the top, even for California. The state Senate should kill this bill, quickly, before the threat of this additional and needless regulation drives any more business owners to close their doors permanently.
In a time of increased polarization and divisiveness, it is critically important for California's young people to learn the essential components of a stable and successful democracy. That's why our state's public schools require our children to learn civics.
In a time of increased hatred and intolerance, it is equally vital for young people to learn their own cultural histories and heritage, as well as those of others with whom they live in the most diverse communities we have seen in the history of our planet. That's why our state's public schools will soon be required to teach ethnic studies.
If executed well, these curricula can serve both laudable and mutually reinforcing goals.
Ethnic studies can teach our children about their commonalities and the unique nature of their identities.
Civics can teach them how to reconcile their differences to work toward productive compromise.
California's plan, however, is for these lessons to be taught separately, with no effort to help students understand the interdependency of these two important topics. That makes no sense.
As California begins the process of developing ethnic studies curricula, we in civic education have some ideas. We believe an ethnic studies program can be of immense value, but only if the curriculum includes civic learning strategies and resources to help students identify, research, discuss and analyze important issues in order to take responsible, informed action.
In high-quality civic learning, we know that students learn to think critically, develop research skills, assess and synthesize information and present coherent arguments based on data.
We believe that the combination of civic learning and ethnic studies can restore our nation, our communities and our institutions to places of civility, respect and integrity, committed to upholding the ideals of our democratic principles.
As civic education advocates, we start with the premise that all California students need to be equipped with the knowledge, skills and dispositions to be informed citizens.
They need to understand how to find common ground in our pluralistic society while protecting the rights of our people regardless of race, ethnicity, indigeneity, religion, gender, class, sexual orientation or other identities.
Because civic learning centers on the continual struggle to make our nation “a more perfect union,” crafting effective ethnic studies programs can provide the perfect context for civics to protect democratic ideals, norms and practices. The establishment of ethnic studies standards underscores our belief that an awareness of being part of an interrelated community equips students to contribute to the public good and helps strengthen democracy.
In fact, the state's Ethnic Studies Model Curriculum describes how the field of ethnic studies contributes to the larger goal of preparing young people to become informed citizens.
Ethnic studies:
• Should help students become more engaged locally and develop into effective civic participants and stronger social justice advocates, better able to contribute to constructive social change.
• Can help students learn to discuss difficult or controversial issues, particularly when race and ethnicity are important factors.
• Provide a framework through which students can develop civic participation skills, a greater sense of self-empowerment and a deeper commitment to lifelong civic engagement in the cause of greater community and equity.
• By emphasizing citizenship, ethnic studies provide students with a keen sense of ethics, respect and appreciation for all people, regardless of ethnicity, nationality, gender, sexual orientation, ability, religion and beliefs.
We support initiatives to ensure that all students, beginning in kindergarten, are provided high-quality learning opportunities that prepare them to be informed, skilled, empathetic, respectful, active and engaged citizens.
We urge schools to include civic learning as an essential component of the newly mandated ethnic studies program. Our young people should be proud of their heritage and celebrate their differences.
But they must also understand that our future success depends on their ability to work together and become engaged participants in our democracy.