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Ninth Circuit Rejects Challenge to Culver City COVID Hazard Pay

On January 18, 2023, the U.S. Court of Appeals for the Ninth Circuit upheld the validity of a Culver City ordinance giving workers at Southern California Hospital at Culver City a $5 per hour temporary pay increase in recognition and compensation for their work during the COVID pandemic, affirming the District Court’s order dismissing the Hospital’s claims.

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Ninth Circuit Hears Oral Argument in Culver City COVID Hazard Pay Case

The Ninth Circuit heard argument Monday in an appeal by Southern California Hospital at Culver City, which appealed from an order dismissing the Hospital’s legal challenge to a Culver City ordinance that entitled workers at the Hospital to a $5 per hour temporary pay increase in recognition and compensation for their work providing vital health care services to the community during the pandemic. As noted in a Law360 article, the panel “pressed” counsel for the Hospital regarding its arguments that the ordinance is preempted by the National Labor Relations Act or acted as a substantial impairment of the Hospital’s contracts with unions or staffing companies.

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