Protecting Food Service Workers: Opportunities for Advocacy

The U.S. food service industry employs over 4.5 million workers (U.S. Bureau of Labor Statistics, 2023). Food service jobs, such as those in restaurants, fast-food establishments, and institutional catering, often feature high injury and illness rates, high workloads, low or unreliable wages, and inconsistent scheduling and hours. The restaurant industry also employs a disproportionate number of workers from historically marginalized groups including women, immigrants, persons without documentation, and people of color (Food Chain Workers Alliance, 2016). Food service working conditions gained public attention during the COVID-19 pandemic, as many employees risked their health to attend in-person jobs, without compensation and benefits afforded to other “essential” sectors. For example, many workers lacked or felt unable to use paid sick leave, even if they had COVID-19 symptoms (Ceryes et al., 2023). Others were excluded or received inadequate assistance from federal relief policies, resulting in financial instability and hardships (ROC United, 2022).

Since 2020, worker-led organizations have promoted policies to better protect and support food service workers. For example, California’s Fast-Food Accountability and Standards Recovery Act (FAST Act) would create the first-ever Fast-Food Policy Council, and would establish minimum standards for conditions, wages, and hours in the state’s fast-food industry (Cal. Legis. Assemb., 2022). Following gubernatorial approval in September 2022, the Act stalled following an injunction. Californians will vote on the FAST Act as a referendum in the 2024 general election.

At the federal level, House Resolution 1528, Recognizing the duty of the Federal Government to protect the rights of restaurant workers (2022) calls for a “restaurant worker bill of rights.” HR 1528 affirms the need for policies mandating: livable wages; schedule consistency; health care; paid sick leave and family leave: child care support; and unemployment insurance expansions for restaurant workers during crises. HR 1528 also calls for written occupational safety and health (OSH) plans during emergencies, improved training and mitigation of known hazards, and establishment of worker-led procedures for reporting OSH concerns.

Legislative proposals such as these espouse overdue actions with potential to positively impact millions of workers, families, and businesses. Research shows that expanded access to benefits like paid sick leave could reduce injury and illness rates, boost job satisfaction, and improve long-term business performance measures (Vander Weerdt et al., 2023). Studies also suggest that stabilizing service workers’ schedules and improving child care access are associated with reduced work-family conflict and absenteeism, especially among marginalized families (Luhr et al., 2022).

Nurses’ voices are a powerful force in efforts to codify such protections into law. Occupational health nurses (OHNs) can join those efforts by lobbying their lawmakers and organizations to support the FAST Act and HR 1528. The American Association of Occupational Health Nurses (AAOHN) provides helpful advocacy toolkits, and members can explore adding these items to their chapters’ legislative agendas. OHNs can also encourage their organizations to adopt similar policies and highlight the potential benefits for businesses who do.

More about HR 1528:

https://www.congress.gov/bill/117th-congress/house-resolution/1528

More about the FAST Act: https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB257