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.
