2d App. Dist. No. B167037
This case stops short of ruling on and giving specific standards for the applicability of the DLSE Opninion Letters, but it strongly suggests that any of them that purport to show a general rule that isn't the only possible interpretation (a la Tidewater), are probably in violation of the APA.
This is probably enough for parties, defendants especially, to start filing motions about, but it's far from conclusive.
The DLSE's website itself notes that the letters are currently under review for APA compliance.
I can see why there is controversy, but it sure helps to have an explanation of how the agency is thinking on any given issue. If they're wrong, you can always fight it, but at least you know where they're coming from.
I'm afraid rather than helping either side, this kind of ruling will simply force the DLSE to go underground with their procedures.
