INTRODUCTION
There are 3 MSJs before the Court.
Defendant City of Long Beach and Intervenor Unite Here Local 11 move for summary judgment as to the sole remaining cause of action for declaratory relief and injunction based on preemption by state law. City and Unite essentially make the same arguments. Specifically, they argue that:
(1) Section 5.49.040 of the Long Beach Municipal Code is not an occupational safety and health standard and, thus, is not subject to Cal/OSHA preemption;
(2) the California Health and Safety Act of 1973 and Labor Code § 142.3 do not create field preemption of all local ordinances impacting workplace health and safety;
(3) the Occupational Safety and Health Standards Board has not impliedly preempted local ordinances that require additional compensation based on the amount of square feet a housekeeper cleans during a shift; and
(4) Section 5.49.040 of the Long Beach Municipal Code does not conflict with 8 CCR § 3345.
Plaintiff moves for summary judgmen
Hearing Date
November 13, 2019
Type
Declaratory Relief Only (General Jurisdiction)
For full print and download access, please subscribe at https://www.trellis.law/.
INTRODUCTION
There are 3 MSJs before the Court.
Defendant City of Long Beach and Intervenor Unite Here Local 11 move for summary judgment as to the sole remaining cause of action for declaratory relief and injunction based on preemption by state law. City and Unite essentially make the same arguments. Specifically, they argue that:
(1) Section 5.49.040 of the Long Beach Municipal Code is not an occupational safety and health standard and, thus, is not subject to Cal/OSHA preemption;
(2) the California Health and Safety Act of 1973 and Labor Code § 142.3 do not create field preemption of all local ordinances impacting workplace health and safety;
(3) the Occupational Safety and Health Standards Board has not impliedly preempted local ordinances that require additional compensation based on the amount of square feet a housekeeper cleans during a shift; and
(4) Section 5.49.040 of the Long Beach Municipal Code does not conflict with 8 CCR § 3345.
Plaintiff moves for summary judgmen