California Grocers Association appeals district court's denial of preliminary injunction that would have enjoined Long Beach's "hero pay" ordinance

As the COVID-19 pandemic has continued, many cities have passed ordinances providing hazard or "hero pay" to essential workers, typically amounting to an extra US$4 to US$5 per hour. Recently, Los Angeles City and Los Angeles County passed such ordinances, following the likes of Berkeley, Buena Park, Coachella, Daly, Montebello, Oakland, San Jose, San Leandro, Seattle, and West Hollywood. One city, Long Beach, passed its "hero pay" ordinance on January 19, 2021, requiring large grocery stores in the city to provide each grocery worker with premium pay of an additional US$4 per hour for each hour worked for a minimum of 120 days. On January 20, 2021, the California Grocers Association (CGA) filed suit against the City of Long Beach, contending its "hero pay" ordinance was preempted by the National Labor Relations Act and violated the Equal Protection and Contracts clauses of the U.S. and California constitutions. On February 25, 2021, the District Court denied CGA's request for a preliminary injunction finding CGA was unlikely to prevail on its preemption, equal protection and contract clause claims.

CGA has now appealed the District Court's decision to the Ninth Circuit. With more and more cities passing "hero pay" ordinances, all eyes will be on the Ninth Circuit to see how it rules on this appeal.