Facts

Defendant City of Long Beach enacted an ordinance called Premium Pay for Grocery Workers mandating that grocery workers in the area be paid four dollars more than their hourly wage for a period of at least 120 days. The ordinance was enacted to combat the effects of the global COVID-19 pandemic. The same ordinance also stopped the reduction of pay or the limitation of grocery workers' earning capacity. Plaintiff California Grocers Association sought a preliminary injunction against the City. The Ordinance only applied to grocery stores that employ over 300 grocery workers nationally and employ more than 15 employees per grocery store in the City of Long Beach.

PLAINTIFFS' CONTENTIONS: Plaintiffs contented that the ordinance only targeted large grocery employers without justifying the exclusion of other essential worker employers. Plaintiff contended the ordinance was preempted by the National Labor Relations Act. Plaintiff also contended the ordinance violated the Contracts Clause because it substantially impairs collective bargaining agreements. Further, that the ordinance violated the Equal Protection Clause because it burdens fundamental rights.

DEFENDANT'S CONTENTIONS: Defendant denied all contentions.

Result

Defendant City of Long Beach's motion to dismiss was granted with prejudice.