McDonald's Negotiating to Resolve Lawsuit Over COVID-19 Employee Protections
After the lawyers went into closed door discussions, a judge abruptly halted a hearing on Friday morning in which McDonald's employees at four restaurants in Chicago sought a preliminary injunction to fix alleged failures to protect them from COVID-19. In a motion to dismiss the lawsuit filed on Thursday, a McDonald's lawyer said the case would "unleash a flood of similar litigation."
May 29, 2020 at 03:13 PM
5 minute read
McDonald's abruptly avoided a high-profile court fight on Friday in a case brought by employees who sued the fast-food restaurant chain for failing to protect them against exposure to the coronavirus.
Friday's hearing, held via Zoom and broadcast on YouTube, comes in the latest case in which workers have hauled their employers into court over COVID-19 pandemic protections. Five employees at four McDonald's locations in Chicago filed the lawsuit on May 19 alleging public nuisance and negligence.
Cook County Circuit Court Judge Eve Reilly had planned to hear testimony on Friday from witnesses to determine whether to grant an injunction in the class action, which alleged the restaurant chain failed to supply enough masks and hand sanitizer to employees, or inform them when co-workers got COVID-19, at four of its Chicago locations.
Minutes into Friday's hearing, the judge requested the lawyers attempt to reach a "potential agreement" in a breakout room, held via Zoom but closed to the public. After about an hour, the judge said she would not go forward with the injunction hearing.
"The parties believe that potentially this could be worked out," she said.
McDonald's lawyers in the case were Daniel Lombard and Jonathan Bunge, at Quinn Emanuel Urquhart & Sullivan, who did not respond to a request for comment about the hearing. Plaintiffs lawyer David Rosenthal of James & Hoffman in Washington, D.C., declined to comment. In an interview on Thursday, he said the class action is limited to employees at the four Chicago locations, but the problems are systemic at McDonald's.
"We've heard there are a lot of issues at McDonald's all around the country," he said. "So, there definitely seems to be a lot of incidences of unsafe practices around the country."
The case alleged that McDonald's managers at the four locations in Chicago did not follow guidelines from the U.S. Centers for Disease Control and Prevention or the restaurant chain's own statements and guides addressing its actions in light of COVID-19. Plaintiffs claim their managers had restricted supplies of gloves and hand sanitizer, forced them to wear dirty masks, or none at all, and did not impose social distancing requirements. They also allegedly failed to inform employees about co-workers who tested positive for COVID-19. One plaintiff claimed she tested positive for COVID-19 on April 22.
The lawsuit says the federal Occupational Safety and Health Administration, despite receiving complaints, had not conducted inspections of the restaurants. In a brief supporting an injunction, the plaintiffs submitted a declaration from Peter Orris, the chief of occupational and environmental medicine at the University of Illinois, who found that fast food restaurants posed "significant risks with respect to COVID-19."
McDonald's attorneys had opposed the injunction and moved to dismiss the lawsuit in court filings on Thursday. Citing the testimony of an expert, William Lang, who spent more than a decade as a White House physician, they insisted the four Chicago locations had provided adequate safety measures. Further, despite five confirmed cases of COVID-19 at those locations, plaintiffs failed to provide evidence the employees were at risk of contracting the virus from working at McDonald's, they wrote.
They also took issue with the plaintiffs, who also include four people who live with the McDonald's employees, noting that the employee claiming to have COVID-19 admitted that doctors never tested her for the virus and that another came to work for only three days in the last two months.
McDonald's also raised an increasingly common defense: that the courts did not have primary jurisdiction to hear the matter. In court papers, its lawyers wrote that the court should defer to OSHA, the Illinois Department of Health, or county or city public health agencies, to prevent inconsistent safety requirements during a rapidly evolving pandemic.
"This is nothing less than an attempt to force upon the judiciary the responsibility for managing the public health response to COVID-19," its lawyers wrote in a motion to dismiss. "If plaintiff's lawsuit is entertained, it will unleash a flood of similar litigation as any person who believes COVID-19 should be handled differently than what public health authorities allow will file suit against their employer or any business with which they may have some tangential contact."
They cited some of the first court decisions to address similar lawsuits brought by workers seeking protections from COVID-19. On March 31, a judge in Anchorage rejected a temporary restraining order sought by the Alaska State Employees Association, and, on May 5, a federal judge in Missouri tossed a public nuisance case against Smithfield Foods.
"What those courts have said, and what the cases say, is that this issue is one that is uniquely within the purview of the state agencies," Lombard said at the start of Friday's hearing.
In their injunction brief, the McDonald's plaintiffs attempted to distinguish the Smithfield Foods case, in which OSHA was investigating the plant and President Donald Trump had issued an executive order to keep meat processing facilities open.
In the McDonald's case, the Restaurant Law Center, the advocacy arm of the National Restaurant Association, and the Illinois Restaurant Association, filed a proposed amicus brief in the case on Thursday, reiterating the role of public health authorities over the courts.
"Exposing restaurants to lawsuits seeking these kinds of injunctions simply makes no sense," wrote the groups' attorney, Sarah Brew, of Faegre Drinker Biddle & Reath in Minneapolis. "There is no evidence that these agencies are asleep at the wheel. Rather, they have acted quickly, decisively, and have done a laudable job working to seek voluntary compliance from the restaurant community."
|This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View All'Serious Disruptions'?: Federal Courts Brace for Government Shutdown Threat
3 minute read'Unlawful Release'?: Judge Grants Preliminary Injunction in NASCAR Antitrust Lawsuit
3 minute read'Almost Impossible'?: Squire Challenge to Sanctions Spotlights Difficulty of Getting Off Administration's List
4 minute readLaw Firms Mentioned
Trending Stories
- 1Call for Nominations: Elite Trial Lawyers 2025
- 2Senate Judiciary Dems Release Report on Supreme Court Ethics
- 3Senate Confirms Last 2 of Biden's California Judicial Nominees
- 4Morrison & Foerster Doles Out Year-End and Special Bonuses, Raises Base Compensation for Associates
- 5Tom Girardi to Surrender to Federal Authorities on Jan. 7
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250