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. In doing so, the Court rejected the Hospital’s arguments that the ordinance is preempted by the federal National Labor Relations Act or constitutes a violation of the Contracts Clause or Equal Protection Clause of the California or United States constitutions.
Catha Worthman and Genevieve Casey represent SEIU-UHW; the union, which has among its members many workers entitled to hazard pay under the ordinance, intervened in the District Court case and in the appeal (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 defend the ordinance, along with the City of Culver City. To read the Court’s ruling, click here. To view the full article on the Law360 website, click here. It is also available here.