Bryce Montgomery

Fast Food Fair Work Ordinance: Q & A with Organizer Gabriel Cardenas

Gabriel Cardenas is a full-time Organizer at WPUSA, with nearly a decade of experience in labor organizing and workforce development.

When we say fast food workers, who are we talking about in San José?

There are 13,000 fast food workers employed at 600-700 locations in San José, which is one of the largest populations of fast food workers in the Bay Area. Most of these workers are women and 80% are people of color. There is a perception that fast food jobs are mostly short-term summer jobs or part-time jobs for high school students, though most of the professionals employed at fast food restaurants are working full-time to support families. Fast food workers are not just high school students; they make Silicon Valley what it is. We are talking about the same people who are making your food, working in the field, cleaning rooms in hotels, doing heavy lifting, and making Silicon Valley work. For every tech job, there are 3 supportive service jobs. They are the ones who need someone in the kitchen while others stay on campus to code, shaping the future of the world. They include security officers and those cleaning up after you.

What would the Fast Food Fair Work Ordinance do for these people who keep the fast food industry running?

Firstly, it ensures that every fast food worker is trained on their rights, addressing the fact that many in the Bay Area, as reported at 88%, are unaware of their entitlements. With this knowledge, workers can defend themselves against potential exploitation by their employers. Secondly, the ordinance mandates paid time off for fast food workers. Some have been employed for over 5 years without a single day off. This particularly affects mothers juggling multiple jobs, often unable to afford childcare. Instances like Maria Maldonado’s, who lost hours and income after taking a day off for her child’s health appointment, illustrate the need for change. Under this law, for every 30 hours worked, employees like Maria will accrue an hour of paid leave.

This initiative isn’t solely about the workers; it’s about supporting their families too. Fast food workers should have the ability to care for themselves and their loved ones without fear of job loss or financial strain, mirroring the benefits afforded to white-collar workers.

At the March 19 San José City Council, workers and community members showed up to voice support for the Fast Food Fair Work Ordinance. What impact did this have on the City Council’s decision?

On March 19, 2024, over 50 fast food workers, some with children, attended the 5-hour meeting, sharing powerful stories. It was an incredible show of power and solidarity from workers. In the budget, the city prioritizes ending homelessness and ensuring safety, but these issues are critically connected to fair wages for fast food workers who struggle with housing insecurity and the rising cost of living. In fact, 1 in every 9 unhoused people is a fast food worker, and we’ve heard so many stories of people being evicted from their homes too.

While some council members ignored workers’ concerns and echoed industry lobbyists’ talking points, others acknowledged the need for action. As someone with personal experience in the food service industry, I understand the challenges these workers face and the urgent need for change and it was disheartening to see workers’ urgent concerns were not seen as a priority despite the overwhelming evidence in favor of passing the law. Workers are simply asking to be treated with dignity and respect — and that day, many of our council members failed to do that.

It’s not just workers that want to see this law passed. Over 2,400 people signed a petition in favor of it. Why do you think this garnered so much community support?

Stories like Laura’s, who experienced a miscarriage and was forced to work while sick, missing important family events, resonated with the community. When people hear the harrowing stories from those who work in fast food, especially women, it’s hard to sit back and do nothing. The petition showed the San José City Council that residents see the importance of this issue. Making sure workers know their rights is a no-brainer for voters — and the broader San José community agrees with that — and this support is critical.

It shows workers they are not alone, and it reminds our elected representatives that we will collectively hold them accountable to protecting and supporting working people and regular San José residents.

This fight has grown into a movement. We are proud to collaborate with fast food workers, SEIU 1021, SEIU International, the Fight for $15 grassroots movement, and the California Fast Food Workers Union (CAFFWU).

Looks like we have strong worker and community support for this — so what’s the hold up?

Since fast food workers began advocating for this ordinance, the fast food industry has countered with a vigorous campaign to prevent its implementation. They’ve invested heavily in local elections, hired lobbyists to influence council members, and propagated misinformation to instill fear among small businesses. As a result, what should be a straightforward decision has dragged on. It makes you wonder – why should businesses that’s treating workers fairly be up in arms against their employees knowing their basic rights?

McDonald’s has been actively spreading misinformation and creating confusion about the ordinance. However, this ordinance will benefit small businesses that prioritize fair treatment of workers, enhance employees’ lives, improve working conditions, and elevate health and hygiene standards in over 600 fast food restaurants. All San Jose residents stand to gain from this — so I don’t see why it’s taking our leadership to recognize this.

Many hard-working people rely on the convenience of fast food. How will the Fast Food Fair Work Ordinance impact customers?

Happy workers create happy meals, so as customers, we’re all going to benefit from this. The fast food industry wants us to believe that this will increase the price of our burgers but the reality is that they’ve already been increasing their rates anyway, and way more than the rate of inflation— and that has nothing to do with fast food workers knowing their rights. Research has shown that fast food corporations can pay workers more, keep prices stable and still make profit — we know its possible because some fast food corporations like In-and-out do it.

Is it possible that businesses also don’t know about the rights? Would businesses have the opportunity to learn about rights?

It’s possible that businesses may not be fully aware of their employees’ rights. Some businesses are focused on the bottom line and profitability, so they may not prioritize understanding regulations. However, not all businesses are inherently evil; they may simply need more information. Programs like the Fair Workplace Collaborative (FWC) and Prosperity Lab offer training for small businesses on standards and minimum wage requirements. It’s crucial for businesses to do their due diligence to ensure that their employees are treated fairly, as one paycheck can make the difference between having housing and living in a car.

California recently implemented a $20 minimum wage for fast food workers, and we also have a statewide fast food workers union — how will the local San José ordinance add to this?

Working in the fast food industry is hard — long hours, grueling labor, and unpredictable schedules are currently the norm, and workplace harassment, gender based violence and unsafe and unsanitary working conditions are common.

Forming a fast food workers union and establishing a statewide minimum wage is a huge step for not just fast food workers, but also all Californians who San Jose’s workers must also benefit, but without awareness of their rights, they can’t — that’s why we need the ordinance.

San José Workers Win 5-Year Battle for Stronger Wage Protections

Today, the City of San José took a significant step in combating wage theft in the construction industry by approving a Responsible Construction Ordinance (RCO). This ordinance empowers the City to withhold certificates of occupancy for private construction projects if owners, developers, contractors, or subcontractors have unpaid wage theft judgments. This powerful law not only safeguards workers by preventing and prosecuting wage theft but also supports responsible businesses that prioritize fair compensation for their employees.

This triumph is the result of a five-year campaign which brought together labor and community allies led by Working Partnerships USA, the South Bay Labor Council, the Santa Clara Building Trades Council and the Wage Theft Coalition, elected representatives and local contractors who are committed to building a city which values its workforce.

Despite roadblocks, pushback and lobbying by a few wealthy, well-connected developers, San José Councilmembers voted to move forward with a memo which represented a fair compromise that strikes a balance that benefits both workers and responsible businesses. The memo, from Councilmembers Davis, Jimenez, Torres, Ortiz, and Foley satisfactorily addressed businesses’ questions about compliance while ensuring that workers still have a robust tool to hold perpetrators of wage theft accountable. The decision reflects a balanced approach benefiting both workers and responsible businesses, marking a victory for labor rights and fair business practices.

Ahead of the vote, Senator Dave Cortese sent a letter to City Council offering his support for the powerful ordinance: “By requiring companies with outstanding unpaid final wage theft judgments — that is, companies who are currently in violation of State law – to pay the judgment owed before they are awarded a Certificate of Occupancy, the City’s proposed ordinance empowers victims of wage theft to be made whole in partnership with the City.”

“This has been a long battle for worker protections, with challenges from well-connected developers and a lack of political will. We’re grateful to our City Council champions, Davis, Jimenez, Torres, Ortiz, and Foley, for taking accountability, and for their leadership in crafting a compromise that truly works for working folks,” said Jean Cohen, Executive Officer, South Bay Labor Council.

“Today, we made it clear that there is no room for wage theft in our city. The Responsible Construction Ordinance not only protects the vital construction workforce but also sets a strong example for implementing fair work standards across various sectors, including fast food and childcare,” says Maria Noel Fernandez, Executive Director of Working Partnerships USA.

Working Partnerships USA – Working Partnerships USA is a 501c3 non profit focused on research, advocacy and building the political power of people of color, immigrants, women, low-income residents and workers. They’re committed to building inclusive regional economies where everyone has a good job, a home, access to care and a voice in their government. Their work is rooted in racial justice and labor rights, and driven by the urgent need to address the growing economic inequality in Silicon Valley, and its impact on working families, now and into the future.

South Bay Labor Council – The South Bay AFL-CIO Labor Council represents 101 unions and more than 100,000 union members in Santa Clara and San Benito counties. For over 50 years the Labor Council has championed the cause of working families in the South Bay. The Labor Council’s primary goal is to advance candidates, causes, and policies that benefit working families. We achieve this objective with a combination of activities, including community organizing, leadership training, campaigning, and issues advocacy. The Labor Council is proud to run the largest, most sophisticated, grassroots political campaign operation in the South Bay.

Santa Clara Building Trades Council – The Santa Clara and San Benito Counties Building and Construction Trades Council proudly represents 27 building trade unions and district councils, with an affiliate membership of over 35,000 highly trained and skilled construction workers. Chartered on Feb. 9, 1960, the Building Trades Council has been the driving force for excellence in the construction industry. Our affiliated members create and rebuild local infrastructure, helping the region to grow and flourish. Through a focus on training, safety and quality work, our affiliates provide the highest level of professionalism, helping projects to come in on or under schedule and on or under budget.

Wage Theft Coalition – The Santa Clara County Wage Theft Coalition actively works to end wage theft, defend workers’ rights, and enforce wage theft judgments. We hope to accomplish this through policy advocacy, community organizing and outreach, direct action, education, leadership development, and resource coordination. We work with affected workers and their families, particularly low-wage workers who have been victims of the crime of wage theft.

Media contact:
Zeenab Aneez, zeenab@wpusa.org, 650-695-2184

Your City, Your Voice : Guide to Participating in San José City Council Meetings

Take Action Now

June 11: San Jose City Council Meeting

On June 11, the City Council will vote to move forward the plan to offer “Know Your Rights” training for fast food workers in our budget. Developed in partnership with the County, this training program will ensure workers receive their full wages and won’t cost the City extra money from the General Fund. Let’s flood the City Council meeting on Tuesday with our support for fast food workers in San José. Whether in person, via Zoom, or through email, let your voice be heard loud and clear!

Learn more about how the Fast Food Fair Work Ordinance can be a transformative force for the 13,000 fast food workers in San José and the communities who depend on them.
Join fellow San José community members and sign the petition to call for a Fast Food Fair Work Ordinance.
Send a letter to our City Council letting them know you support ‘Know Your Rights” training for fast food workers.
Review the talking points and instructions for the City Council meeting on June 11.

Why your voice matters

Providing public comments during local City Council meetings is important for several reasons:

Representation and Participation: Public comments allow citizens to participate in the democratic process by voicing their opinions and concerns directly to their elected representatives. This helps ensure that the government is responsive to the needs and viewpoints of the community.

Transparency and Accountability: Public comments contribute to the transparency of local government proceedings. They provide an opportunity for issues to be raised publicly and for discussions to be held in the open, increasing the accountability of elected officials.
Informed Decision-Making: Hearing from members of the public can provide City Council members with valuable insights and perspectives that they may not have considered otherwise. This can lead to more informed decision-making.

Community Engagement: Public comments can foster a sense of community engagement and involvement in local governance. When citizens feel that their voices are heard, they are more likely to stay engaged in civic affairs and take an active interest in the well-being of their community.

Checks and Balances: Public comments serve as a form of checks and balances within the democratic system. They provide a mechanism for citizens to hold their elected officials accountable and to ensure that decisions are made in the public interest.
Overall, public comments during City Council meetings are an important way for citizens to participate in the democratic process, hold their elected officials accountable, and contribute to the effective functioning of local government.

Every San José resident has the opportunity to speak directly to their representatives – and have a voice in their governance.

City Council meetings are vital to civic engagement

Every week, our city council members gather to make decisions that impact all our lives, ranging from issues like childcare and housing to pedestrian safety and beyond. It is a crucial forum where the voices of the community can be heard and valued. Every San José resident has the opportunity to speak directly to their representatives, playing an active role in the governance of our city.

City council members actively seek input from regular San José residents and their constituents, recognizing the importance of diverse perspectives — especially from those who will be directly impacted by a decision. This process not only provides an avenue for residents to share in decision-making but also serves as a mechanism to hold our elected representatives accountable for fulfilling their responsibilities.

Public comments are open to everyone, requiring no special qualifications. Here’s everything you need to know so you can make your voice heard through this process:

All you need to know

Public comments are open to anyone, and no special qualifications are required.
Comments carry more weight when they come from individuals directly impacted by a decision or legislation. If you or your community will be affected, make your voice heard.
Each speaker will have 1 minute to speak, with those needing translators receiving double the allotted time.
The Mayor and City Clerk determine speaker time allocations based on the number of speakers. Time cannot be ceded to another speaker.
In-person comments are generally taken first, and the order is based on sign-up or call-in. The Mayor and City Clerk maintain the discretion to alter the order of speakers.
In-person attendees must sign up at the table to the left when entering the council chambers to speak. If you don’t sign up here, you won’t be able to comment. Working Partnerships USA staff can assist you if needed.

Tips for providing public comment + sample talking points

Only speak during the agenda item that pertains to your comment
If you attempt to provide comment before or after the item, the mayor or chairperson will cut you off. It is possible that we will each only have one minute to speak, so writing your comment beforehand and practicing it may help you stay on time.
State upfront who you are, your connection to San José and what you are speaking for:
- “Hello, my name is ________ and I am from ________ and a member of the ________.
- I’m here to support ________.

State why you are supporting this or the values that brought you here.
Include your main calls to action again.

Thank you for participating in local democracy!

Our 2023 Impact: Powering Up Silicon Valley

As 2023 concludes, I’m energized by the remarkable efforts and victories defining our community. Together, we continue to draw inspiration from a legacy of pioneering labor organizers like Cesar Chavez, Dolores Huerta, Fred Ross, and local community leaders such as Blanca Alvarado and Chava Bustamante. Their relentless determination shapes my leadership, and empowers us to tackle seemingly impossible challenges. We also draw strength from workers nationwide and locally, including San José city workers, employees at tech giants like Google and Meta, and others fighting for better working conditions and against wage theft daily. Our collective strength fuels us.

At the core of our work is a dedication to ensuring families not only survive but flourish in our community. During my first year as Executive Director, I’m proud to see this dedication embodied by our team, donors, supporters, and partners. Collectively, we’ve provided direct services impacting thousands of lives in Santa Clara County. We helped secure parental leave for city workers in San José, won $100 million in the city budget for crucial programs that serve working families, laid the foundation to end wage theft, and passed legislation making San José the first city in California to restrict corporations with significant foreign ownership from influencing local elections. Watch the video below to learn more about what we’ve accomplished together.

In the coming year, we’re focusing on making an impact on the lives of fast-food workers, improving child care in Santa Clara County, and expanding our organizing and power building efforts. Housing justice is also a top priority, and we’re working towards making changes that matter, like more funding for affordable housing and giving tenants a stronger voice. With the growing number of renters in our community, we have a unique opportunity to shape the conversation and demand policies that truly meet the needs of those who call this region home.

I invite you to be a crucial part of this transformative journey. Your support is pivotal to our continued success. By contributing to Working Partnerships USA, you directly fuel our initiatives, allowing us to make a lasting impact on the lives of those who need it most.

Warm regards,

Maria Noel Fernandez
Executive Director, Working Partnerships USA

Power Solidarity: Your Support Powers Care and Community

Earlier this year, while I was making phone calls for one of Working Partnerships USA’s outreach campaigns, I sat down with several other volunteers to take our break. Among us, there were college students, a teacher, and individuals working in tech, retail, and the nonprofit and public sectors, ranging from early the 20s to 70.

Despite the late hour (many of us were there after a full day at work or at school), our smiles, our spirits and conversations were buzzing about the interactions we’d had over the phone.

We had many great moments to share – reaching people who swiftly grasped why we were calling and were eager to support, receiving gratitude for our efforts and winning over unlikely allies who offered to spread the word to family and friends. Although a few of us lamented about hang ups and the initial fear of talking to strangers, we enjoyed what we were doing – making connections with community members.

Curious about why they decided to join the phone bank that evening, I asked the other volunteers, sitting closest to me and one of their replies were eye opening:

“I am here because Working Partnerships USA cares about what is happening with me, my family, and other people in my neighborhood. I see Working Partnerships out there, doing what it takes to make politicians and businesses listen to what we need to make our lives better. I want other people to see that and feel that too!”

I see that experience and feeling reflected in many of the people that we work with everyday, from those who we touch through our programming and campaigns, our regional partners and allies and our donors. Today, I want to share this message from Working Partnerships USA Board Member and donor, Leslie Rodriguez, and Community Outreach Team member Nick Palka on what inspired them to join our movement, and why they continue to be part of our mission.

Our work is about more than phone banks and campaigns; it’s about forging connections. It’s about the people we bring together across neighborhoods, workplaces, and cities to build a future in Silicon Valley that’s equitable and inclusive for all of us.

Join us. Donate today to secure better jobs, safer neighborhoods and a Silicon Valley where each of us can feel rooted in our communities, and build better futures together.

Yours, In Power,

Andrea Cousins

Development Director, Working Partnerships USA

Invisible No More: Discovering Power, Purpose, and Belonging Through Community Advocacy

A career in social justice and politics was never part of my plan. Growing up undocumented in Silicon Valley, my focus remained on doing well in school so I could build a better life for myself and my family. Activism and organizing was certainly not for someone like me.

Even as my family and I tried our best to fit in, the world around us was constantly reminding us of our differences. Life wasn’t easy but I was told that the best way for us to deal with prejudice and marginalization was to keep my head down and stay out of trouble. And so I did. But during my junior year, something changed. I was introduced to this amazing grassroots organization that gave me the courage to speak up and try to make a difference—not just for my family but for our whole community. It turned out to be a game-changer for all of us — and here I am today, and here is my vision for the future.

Today, I’m not just the Political Director at Working Partnerships USA – I’m also a parent and neighbor, fighting to keep our communities vibrant and diverse and enabling my community to find their voice and their power. My mission? To make Santa Clara County an amazing place for all families. I want to reach people with stories like mine, and see their experiences and voices as valuable and powerful.

I’m excited to be part of an organization that values the folks behind Silicon Valley’s success – the delivery drivers, cafeteria workers, office cleaners, and more. We love what we do, but many are still struggling to make ends meet. I want you to join us, share our stories, and help them to find their voice and power, like I did.

By supporting Working Partnerships USA, you’re contributing to a community where voices are heard, where everyone feels welcomed, and where leadership emerges from the most unexpected places. Please donate today!

In power and solidarity,

Lucila Ortiz
Political Director, Working Partnerships USA

P.S. The first 50 donors helping us Power Up for 2024 will receive a one-of-a-kind sticker designed by artist Felix Quintana whose art centers people in our community. Donate now to get your sticker before we run out!