Product News and Recalls

It Took a Lawsuit to Get a McDonald’s Franchise Owner to Protect His Employees from COVID-19

mcdonalds franchise owner sued over lack of covid-19 precautionsAs the delta variant of COVID-19 continues to cause an unprecedented surge in new infections across the United States, one McDonald’s franchise operator is finally doing his part to protect his employees – after if it took a lawsuit to make it happen.

The suit was filed against Michael Smith, the operator of an Oakland, California McDonald’s location after, according to the plaintiffs’ claims, he completely and utterly failed in his responsibility to create as safe a workplace environment as possible.

The terms of the settlement provide a grim look into the goings-on of the location leading to the lawsuit.
The plaintiffs alleged that managers at the location handed out dog diapers and coffee filters for the employees to use as face masks rather than proper personal protective equipment. The resulting settlement terms mean that actual masks will be provided, as well as gloves, while also adding a number of layers to the employees’ safety. Social distancing standards will be put into place – presumably because none existed in the first place – as well a paid sick leave policy. The franchise will also begin a sanitization protocol to clean surfaces throughout the store – again, presumably because none existed previously. Lastly, employees showing symptoms of COVID-19 infection will be required to stay home from work as a matter of mandate.

Perhaps most interesting of all is the creation of a worker safety committee. Employee representatives will regularly meet with management to discuss ways to enhance the safety of the location. The committee is believed to be the first of its kind and workers’ rights organizations are looking to it as a blueprint for expansion of a national model.

No information was available regarding a financial component to the agreement and McDonald’s corporate offices distanced themselves from the franchise and denied any wrongdoing. The denial, however, does not absolve McDonald’s corporate from any of its own misdeeds committed throughout the coronavirus pandemic. A corporate-owned location in Chicago was sued for creating a “public nuisance” over its own failures to protect workers from COVID-19.