Judge doubles down on order ensuring Foster Farms poultry workers protected from COVID
A Merced County Superior Court judge has reinforced an order requiring Foster Farms in Livingston to protect its poultry workers from becoming infected with COVID-19.
Judge Brian L. McCabe on Friday granted a request by the United Farm Workers for a preliminary injunction against Foster Farms. The court had earlier approved a temporary restraining order on Dec. 23 setting the stage for the court to enforce worker safety protections.
Attorney Monique Alonso, of Messing Adam & Jasmine, said the injunction gives the judge much-needed oversight over whether Foster Farms is complying with COVID-19 protections for workers in meatpacking plants.
“The injunction carries along with it the threat of a contempt order if (Foster Farms) is not following the orders they claim they have been doing,” Alonso said.
The family-run poultry company, one of the largest in the West, has been hit hard with COVID-19 illnesses at its Livingston plant. About 400 workers there have become infected with the coronavirus and nine have died, according to a lawsuit filed by the United Farm Workers. Foster Farms also has two plants in Fresno that are not part of the suit.
Foster Farms responds
Foster Farms officials said Monday that while they will not comment on “active litigation – nor orders related to such – in detail,” it is abiding by the rules.
“Foster Farms has implemented and adhered to CDC guidance and that of the Merced Department of Public Health with regard to COVID-19 worker protective measures. To date, Foster Farms has performed nearly 100,000 tests since the beginning of the pandemic, including over 40,000 tests at its Livingston Poultry Complex. We believe this is the most extensive testing program undertaken by any food processor in California,” officials said in a statement.
Alonso said that if Foster Farms is doing what it says, there shouldn’t be a problem when the company defends itself during the trial for a permanent injunction.
“If they have not done anything wrong, that is good,” Alonso said. “But the whole point of all of this is that someone is now watching.”
Foster Farms has said it plans to file an appeal of the judge’s orders.
“We believe the United Farm Workers (UFW) lawsuit is without merit, and an unnecessary distraction from our concerted effort to ensure worker health and safety,” officials said in a statement.
This story was originally published February 2, 2021 at 5:00 AM with the headline "Judge doubles down on order ensuring Foster Farms poultry workers protected from COVID."
