El Super Grocery Store Citations Tripled

In July 2021, the California Labor Commissioner cited Bodega Latina Corporation $447,836 for failure by three of its El Super grocery stores to pay 95 workers COVID-19 supplemental paid sick leave (SPSL).  The Commissioner called for any other affected El Super employees to come forward.

The workers responded.  The Commissioner has now assessed Bodega Latina another $1,164,500 for SPSL violations on 294 employees in 38 additional Southern California El Super stores, including:

• $369,527 wages, damages and interest under 2020 COVID-19 SPSL for El Super food sector workers;
• $42,473 wages, damages and interest under 2021 COVID-19 SPSL on Bodega Latina as employer with 26 or more workers;
• $752,500 penalties on SPSL nonpayment or late payment.

The Labor Commissioner stated: “Supplemental paid sick leave is a tool to protect our communities by stopping the spread of COVID-19 through the workplace. After citing El Super in July, we heard from additional workers who had their sick leave denied or delayed. We broadened the scope of our investigation to capture as many workers impacted by these violations as possible and provide them what they are due.”

California’s SPSL expired on September 30, 2021.  However, other government COVID-19 requirements and guidelines remain in force. For example, Cal/OSHA continues to aggressively enforce its Emergency Temporary Standards (ETS) on COVID-19 prevention and wage continuation for those out with the virus.

Take-Away:  Employers must track and comply by policy and practice with the changing COVID-19 protocols and benefits. Our firm regularly assists clients to stay up-to-date.

For further information, please contact Tim Bowles, Cindy Bamforth or Helena Kobrin.

See also:

• Cautionary Tale Episode 40 – Big Stick Compliance Cal/OSHA Fines Numerous Businesses for COVID-19 Violations (March 4, 2021)
• Cautionary Tale Episode 39 – Fish Story Gets Real: Cal/OSHA Fines Frozen Food Firm for COVID-19 Violations (December 2, 2020)
• Cautionary Tale Episode 38 – Food for Second Thought: Cal/OSHA Fines Supermarkets For COVID-19 Violations (October 16, 2020)
• Suffocation Orders – California’s Safety Agency Now with Pandemic “Imminent Hazard” Shutdown Powers (October 2, 2020)
• Pandemic Police on Patrol – Cal/OSHA Hitting Employers Statewide for COVID-19 Non-Compliance (September 10, 2020)

Helena Kobrin
October 29, 2021