AMC Theatres Endanger Public Health

After SAG-AFTRA and WGA Strikes, movie theatres may become the next ground zero in the Hollywood labor struggles. AMC Theatres is the largest movie theater chain in the world. But according to a recent internal email sent by AMC to hourly minimum-wage employees, AMC Employees who call out sick will be written-up for unexcused absences if they do not find coverage and do not come into work ill (including flu) even if they provide a Doctor’s note.

– START QUOTE –

Hello Team,

We wanted to send out a quick reminder as cold & flu season is upon us.

If you are sick and feel that you will not be able to make it to your shift, please ensure you complete the following items.

– Attempt to find coverage for your shift. Instructions on how to access the crew phone list were given during your onboarding, there are also extra copies available in the break room.

– ONLY after attempting to find coverage, call the theater and speak with the a Crew Leader or above to call out for your shift. As a reminder, this is must be done 3 hours (or more) before you shift.

– If you are calling out for 2 or more shifts for being sick, you are expected to bring in a doctor’s note or your absences will be unexcused.

Failure to find coverage for your shifts will result in disciplinary action.

Thank you,

Redacted (On behalf of the leadership team).

– END QUOTE – 

Not only is this policy inhumane, in many jurisdictions this policy is illegal under Labor Law, Workplace Safety, and Public Health Safety.

The Occupational Safety and Health Administration of the U.S. Department of Labor specifically warns employers they are expected to encourage sick employees to stay home.

“You have the right to a safe workplace. The Occupational Safety and Health Act of 1970 (OSH Act) requires that employers provide their employees with working conditions that are free of known dangers. The Act created the Occupational Safety and Health Administration (OSHA), which sets and enforces protective workplace safety and health standards. OSHA also provides information, training and assistance to workers and employers. Workers may file a complaint to have OSHA inspect their workplace if they believe that their employer is not following OSHA standards or there are serious hazards.

Contact us if you have questions or want to file a complaint. We will keep your information confidential. We are here to help you.

Protect Yourself During Flu Season
Stay at home if you are sick. The CDC recommends that workers who have a fever and respiratory symptoms stay at home until 24 hours after their fever ends (100 degrees Fahrenheit [37.8 degrees Celsius] or lower), without the use of medication. Not everyone who has the flu will have a fever. Other symptoms could include a runny nose, body aches, headache, tiredness, diarrhea, or vomiting”

In addition to OSHA Guidance, many State’s include laws prohibiting Employees from having to find coverage while sick.

In the State’s of California, The Healthy Workplace Healthy Family Act’s explicitly prohibit this and require Employers to find replacement workers. The Law Firm Mayer Brown specifically spells this out on their websitet:

“Employers cannot condition the use of paid sick leave on the employee searching for or finding a replacement worker to cover their absence.”

According to an info sheet by the National Partnership for Women and Families, “Fifteen states, including the District of Columbia, and many more cities and counties nationwide have adopted paid sick days laws.”

Multiple states prohibit this practice.

In Minnesota, which has seven AMC Theaters, The Department of Labor and Industry FAQ reads:

“Does an employee have to find someone to cover their shift to use ESST?

No, employers are prohibited from making employees find replacement workers as a condition of using ESST.”

The State of Colorado likewise includes the same provision according to the Colorado Department of Labor and Employment.

“(4) An employer shall not require, as a condition of providing paid sick leave under this part 4, an employee who uses paid sick leave to search for or find a replacement worker to cover the time during which the employee is absent from work.”

The State of Rhode Island’s Healthy and Safe Families Workplaces Act likewise prohibits this practice.

As do the State's of Vermont and visible linked text Massachusetts.

This is also not the first time AMC Theatres has been reported for it’s abysmal treatment of employees and public health.

On May 27, 2019, Variety ran an article by Gene Maddaus ‘How America’s Biggest Theater Chains Are Exploiting Janitors’

During the Covid-19 Pandemic AMC Theaters CEO Adam Aron provoked outrage when in Summer 2020, he proposed re-opening theaters and not requiring masks be worn as devices to reduce disease spread.

Most Movie Theater Jobs involve food handling – Concessions, Ushers cleaning theaters with seats that include cup holders, Bartenders, Food Runners, etc . . . all positions if worked by a sick employee can infect movie going public. AMC Theater’s maltreatment of sick employees and endangerment of public health is just the latest example of how America’s Media Complex is dominated by the wrong people.

Clearly it’s time for Federal Law, particularly the Fair Labor Standards Act and the Family and Medical Leave Act to be updated to cover all American workers – as Adam Aron has proven he can’t be relied on or trusted, even after a global pandemic, to do the right thing. Apparently, treating is sick employees right is still more expensive than having business operations shut-down and closed for two years, or risking wrongful death and personal injury lawsuits from the public that become infected due to AMC Theater’s reckless practices.

In the meantime, concerned members of the public who notice sick employees in handling Food or cleaning Food Spaces at AMC Theaters should contact the local department of public health and ask them to investigate.