U.S. West Coast Port Workers Sue Pacific Maritime Association Over COVID-19 Rights

Western U.S. port workers filed a lawsuit against the Pacific Maritime Association (PMA). They brought a class-action lawsuit citing non-payment of sick leave and discrimination against pregnant employees during the COVID-19 pandemic.

According to “The Loadstar,” a U.S. freight and logistics industry specialist publication, on the 15th, the International Longshore and Warehouse Union (ILWU) filed two class-action lawsuits against the PMA. The PMA is a representative group of employers, including 68 shipping companies, terminal operators, maritime-related businesses, and HMM.

The ILWU, representing 8,000 to 10,000 workers at western ports, alleged “multiple labor law violations.” Under California law, employers must provide sick leave and one-time infectious disease pay during COVID-19. The union complained that the defendant, PMA, did not offer sick leave.

The ILWU claimed that “the PMA agreed to pay $70 million for the risk the workers took by maintaining cargo flow at the port and continuing to work during the COVID-19 pandemic. However, port security guards were excluded from the pandemic allowance despite working during the COVID-19 pandemic.”

In response, the PMA argued that the labor law exemption for sick leave claimed by the ILWU should be ignored due to various local collective agreements.

The ILWU also raised complaints about discrimination against pregnant employees. Of the 14,000 workers at the Los Angeles (LA) and Long Beach ports, six non-union female port workers continued to work despite being pregnant. No separate convenience was provided, such as breastfeeding or rest during work. On behalf of these female workers, they filed a lawsuit.

The two class-action lawsuits are expected to be assigned to a magistrate judge. In the U.S., a magistrate judge evaluates and recommends cases in a preliminary hearing before the trial enters the main proceedings. The damages claimed in the lawsuit have not been disclosed, but they are expected to range from at least $5 million to tens of millions of dollars across the two lawsuits.

HMM stated, “The class-action lawsuit filed by Western U.S. port workers against the PMA does not directly harm HMM or other shipping companies. As it’s not a strike, it doesn’t particularly affect port operation.”