LOS ANGELES — Workers and union officials rallied at Los Angeles City Hall Wednesday to discuss a report that found nearly two-thirds of California’s fast-food workers who responded to a survey do not know that all workers, regardless of immigration status, can file workplace-related complaints, claims, or lawsuits.


What You Need To Know

  • Members of the Coalition for Humane Immigrant Rights of Los Angeles and fast-food workers represented by the California Fast Food Workers Union also joined City Councilman Hugo Soto-Martinez to urge the council to extend worker protections under the so-called Fast Food Fair Work Week Ordinance

  • Of 400 workers surveyed, about 82% said those who worried about their immigration status are less likely to report workplace malpractice and abuse

  • Soto-Martinez is leading an effort in Los Angeles to expand protections under the existing Fair Work Week Ordinance to include fast-food employees

  • The ordinance requires retail businesses with more than 300 workers to provide stable and predictable schedules, additional opportunities to work and other employment protections

Members of the Coalition for Humane Immigrant Rights of Los Angeles and fast-food workers represented by the California Fast Food Workers Union also joined City Councilman Hugo Soto-Martinez to urge the council to extend worker protections under the so-called Fast Food Fair Work Week Ordinance.

The study also found that many workers fear their employer will retaliate against them with immigration threats. Of 400 workers surveyed, about 82% said those who worried about their immigration status are less likely to report workplace malpractice and abuse.

Yunuen Trujillo, director of worker rights and labor legal services for CHIRLA, said the report is timely with the rise of what she called anti-immigrant rhetoric and policies in Washington, as well as growing threats of workplace enforcement.

“We’re seeing increased fear among workers ... but we’re also seeing more aggressive behavior from abusive employers who weaponize immigration status to intimidate, silence and retaliate against the workforce,” Trujillo said.

She added that the report clarifies that workers do not know their rights under California employment laws, which are designed to protect all of them regardless of their legal immigration status.

Trujillo encouraged policymakers to establish mandatory “know your rights” training to inform workers of their legal rights and protections. She added that these workshops should be led by independent, community-based organizations rather than employers.

“This is our solution to empower and protect workers, to take mandatory know your employment rights training led by independent organizations so they gain critical knowledge and real tools to enforce their rights regardless of status,” Trujillo said.

Among other findings of the report, CHIRLA and the California Fast Food Workers Union, a group formed by SEIU Local 721, found:

  • 67% of workers surveyed worried about their immigration status and were at greater risk of being cheated out of their pay
  • 94% of workers did not know about benefits and programs were available to them
  • 63% of workers did not know they have rights to file complaints related to workplace safety hazards, wage theft, harassment and discrimination
  • 77% of workers said they feared their immigration status would deter assistance related to workplace injuries

Soto-Martinez is leading an effort in Los Angeles to expand protections under the existing Fair Work Week Ordinance to include fast-food employees. The ordinance requires retail businesses with more than 300 workers to provide stable and predictable schedules, additional opportunities to work and other employment protections.

If the policy is expanded, it would cover more than 2,500 large-chain fast-food restaurants and about 50,000 workers.

It would also mandate a six-hour “know your rights” training.

“They (workers) demand respect. Those abuses need to stop ... and that’s what this motion is about -- bringing civility, respect and dignity to fast-food workers, especially those that are here without documents,” Soto- Martinez said.

In April, the council instructed the city’s legislative analyst to draft a policy to expand protections for fast-food workers. The matter is expected to come before a council committee at a future date. Additionally, city staff were directed to report on ways to increase compliance, estimate costs, and to analyze other jurisdictions such as New York, Seattle and Oregon where similar policies are in place.

A group of restaurateurs, known as the Protect LA Restaurant Coalition, has opposed the proposal, which they argue would force closures, eliminate jobs and drive up food prices.

“The facts speak for themselves: Piling on new costly mandates will devastate LA’s already struggling restaurant community, do real harm to small business owners, hurt workers and make food even less affordable for local families,” said Nareh Shanazarian, who operates an L&L Hawaiian Barbecue restaurant in Los Angeles.

Last year, AB 1228 went into effect, boosting fast-food workers’ earnings from the state’s minimum wage of $16 per hour to $20 per hour. The law also established a Fast Food Council made up of nine voting members, consisting of the fast-food industry, franchisees, employees, advocates, one unaffiliated member of the public and two non-voting members, who will provide direction and coordinate with state powers to ensure the health, safety and employment of fast-food workers.