Item 30 - Premium Pay Grocery Workers and Retail Pharmacy Workers

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Ordinance No. NS-XXX Page 9 of 11 restricting a designated worker’s right to pursue any other remedies at law or equity for violation of their rights. Severability. The provisions of this Ordinance are declared to be separate and severable. If any clause, sentence, paragraph, subdivision, section, subsection, or portion of this Ordinance, or the application thereof to any hiring entity, designated worker, person, or circumstance, is held to be invalid, it shall not affect the validity of the remainder of this Ordinance, or the validity of its application to other persons or circumstances. Exemption for collective bargaining agreement. All of the provisions of this Ordinance, or any part thereof, may be expressly waived in a collective bargaining agreement, but only if the waiver is explicitly set forth in the agreement in clear and unambiguous terms. Unilateral implementation of terms and conditions of employment by either party to a collective bargaining relationship shall not constitute a waiver of all or any of the provisions of this Ordinance. No waiver of rights. Except for a collective bargaining agreement provision made pursuant to this Ordinance, any waiver by a designated worker of any or all provisions of this Ordinance shall be deemed contrary to public policy and shall be void and unenforceable. Other than in connection with the bona fide negotiation of a collective bargaining agreement, any request by a hiring entity to a designated worker to waive rights given by this Ordinance shall be a violation of this Ordinance. Section 3. Urgency Findings. Pursuant to Santa Ana City Charter Sections 415 and 417, this Ordinance is declared by the City Council to be necessary as an emergency measure to protect and preserve the health, safety and welfare of the citizens of the City of Santa Ana and will become effective immediately if passed by the affirmative votes of at least two-thirds (2/3) of the members of the City Council. The City Council hereby finds that there is an urgent need to adopt these regulations in order to address the current and immediate threats set forth above. Given the uncertain and evolving nature of the COVID- 19 pandemic, the premium pay and associated protections must be immediately implemented to ensure that grocery and retail pharmacy workers continue working and providing these essential services to the residents of Santa Ana and the region generally. These workers have already been working for many months through this pandemic. Grocery and retail pharmacy workers face magnified risks of catching and/or spreading COVID-19 because the nature of their work involves close contact with the public, including members of the public who are not showing symptoms of COVID -19 but who can still transmit the disease. The provision of premium pay better ensures the retention of these essential workers who are on the frontlines of this pandemic providing essential