Farmers’ groups sue to block ‘hero pay’ ordinance

Several farmers' associations sued the city of Coachella to block its temporary $4 increase in minimum wage for some workers -- commonly called "hero pay."

Western Growers Association, California Fresh Fruit Association and Growing Coachella Valley want an injunction to block the measure that the city council unanimously approved in February. The ordinance increased minimum pay for essential sectors like restaurant, retail pharmacy and agricultural workers by $4 an hour for at least 120 days.

The farmers' associations say the ordinance originally did not include agricultural businesses but was added, and is vague, overbroad and unconstitutional. The case was filed in Riverside County Superior Court but was removed by the city to the Central District of California on Monday. Western Growers Assoc. et al. v. City of Coachella et al. 5:21-CV-00602 (C.D. Cal., filed April 5, 2021).

Howard A. Sagaser of Sagaser, Watkins & Wieland PC in Fresno is representing the plaintiffs.

"[T]he statement is made that agricultural ... workers face magnified risk of catching or spreading the COVID-19 disease because the nature of their work involves close contact with the public," the complaint states. "The urgency ordinance fails to show any nexus for support for the statement in the purpose behind the $4.00 per hour premium pay as agricultural employees as a general rule do not have close contact with the public."

The plaintiffs pointed out that the ordinance excludes big box retailers like Walmart and Costco, despite the fact both are large purveyors of food and produce. A report issued by Riverside County in December listing the top COVID-19 outbreak settings did not include the agriculture industry, Sagaser said.

Christopher Pisano, a partner at Best Best & Krieger who represents the city, said in an interview, "The pay provision is the right thing to do for these front line workers taking on the risks in the age of COVID-19."

The ordinance was patterned after "hero pay" ordinances for grocery stores that have been enacted in other cities. But those laws tend to focus on brick and mortar establishments in fixed locations that deal with the public regularly, Sagaser said.

Long Beach, West Hollywood, San Leandro, San Jose, Montebello and Oakland are among the cities that have adopted such ordinances. The California Grocers Association, which represents more than 6,000 food stores and grocery supply companies across the state, has challenged those ordinances in federal court. California Grocers Association v. City of Long Beach, 21-cv-00524 (C.D. Cal., filed Jan. 20, 2021); California Grocers Association v. City of Montebello, 21-CV-01011 (C.D. Cal., filed Feb. 3, 2021); California Grocers Association v. City of Oakland, 21-cv-00863 (N.D. Cal., filed Feb. 3, 2021).