Coffee with CGA General Counsel

June 7, 2021

California Grocers Association's Independent Operators Symposium

Downey Brand partner (and CGA General Counsel) Dale Stern will be speaking again at this year’s Independent Operators’ Symposium from June 6-13, 2021, at the Fairmont Orchid on the beautiful Big Island of Hawaii. Dale joins an impressive line-up of well-respected experts to address some of the key opportunities and challenges facing today’s independent grocery business leaders. Educational sessions are designed to be informative and interactive, with ample time for dialogue and to share best practices.

For more information about the Symposium, including a list of speakers, please visit the event website.

Presentation Overview & Agenda

During his Coffee with Counsel presentation on June 7, Dale will host a two-hour free-flowing conversation, where owners will get the opportunity to contribute to discussions on succession planning, employment, and compliance issues, among others. Dale’s presentation was one of last year’s Symposium highlights and is back as a Keynote for 2021. Below is a detailed agenda with links to resources:

A. Collaborative COVID-19 Employment Discussion

1. How are you incentivizing employees to get COVID vaccine?
2. Can you require proof of vaccination to continue employment?
3. Can you require proof of vaccine for unmasked customers?
   • Unruh Civil Rights Act: equal rights; business establishments; violations of federal ADA, CA Civil Code 51
   • Article – Are private businesses liable for unmasked, unvaccinated customers?
   • Article – Assessing whether you can (or should) ask customers to see their vaccine cards
   • Article – California won’t create a vaccine passport, but large events will be screened
   • NY Times Article – Likely Legal, ‘Vaccine Passports’ Emerge as the Next Coronavirus Divide

B. State Regulatory Issues

1. What compliance issues are you facing?
2. What to expect from a Cal OSHA inspection? Will they do “no fine” inspection requests?
3. Prop 65: acrylamide & other updates
   • Downey Brand Article – Proposition 65 Notices of the Month – April 2021: Overall Declines in the Number of Food Notices for Acrylamide, etc.
   • Downey Brand Proposition 65 Practice – Overview, Publications, etc.
4. Food labeling & advertising claims: nutrition & health claims
   • FDA Food Labeling
   • Downey Brand archive of Legal Alerts and Publications regarding food safety & labeling
5. Slack fill
   • Fair Packaging and Labeling Act, CA Business and Professions Code 12606.2
   • Federal Regulation – Misleading Containers, 21 CRF 100.100

C. Federal Issues

1. What could we expect with the change in Presidential administrations?
2. Insight on new tax bill and impacts for S & C corporations
   • Biden Corporate Tax Increase
   • American Families Plan Tax Proposals
   • Biden’s Tax Plan Could Impact Small Businesses
3. Insights on timing for further FDA guidance on CBD consumables
   • Defining Hemp: A Fact Sheet

D. Public Safety Issues

1. Impact of increased homelessness on safety: employees, customers, & what are our legal rights?
   • California budget summary
   • League of California Cities – Strategies for addressing homelessness
   • Article – California city pays its homeless to clean up encampments
   • Lavan v. City of Los Angeles
2. Store Security: Trespassing, solicitors, ORT, slip & falls
   • California Grocer Article – Update: Signature Gatherers and Solicitors

E. Collaborative Business Discussion

1. Employee Dress code?
   • Article – How the CROWN Act Impacts You
   • Vernon v. City of Berkeley
   • Brown v. Abercrombie and Fitch
   • Palm v. Charlotte Russe Inc
   • Home Depot USA Inc v. Occupational Safety and Health Appeals Board
2. What are you doing to retain Employees & attract new ones?
3. How has advertising changed since COVID & what the future holds?
4. Available scheduling programs
5. Due diligence when acquiring new stores & locations: stock vs. asset purchase
6. What does the grocery store experience look like in 10 years?
7. 3-5 year company plan development & succession planning

F. CGA goals

1. How can CGA advocate specifically for independent grocers?
2. 2022 IOC budget
3. Future discussion & topics