Case News

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.

Catha Worthman and Genevieve Casey represent SEIU-UHW. The union intervened in the District Court case and in the appeal to defend the ordinance and, with the City, have asked the Ninth Circuit to affirm a January 19, 2022 order by the Honorable Mark Scarsi of the U.S. District Court for the Central District of California granting the City’s and SEIU-UHW’s motions to dismiss the Hospital’s claims. The appeal is Southern California Healthcare System, Inc. d/b/a Southern California Hospital at Culver City v. City of Culver City, et al., Case No. 21-55788. To view the full article on the Law360 website, click here. It is also available here.