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.
The LA Times reports.
After upsetting labor unions by favoring corporate interests this year, Gov. Arnold Schwarzenegger on Tuesday appointed a Democrat and longtime labor leader to manage the sprawling bureaucracy of the Employment Development Department.The AFL-CIO confronts the future. The LA Times reports.
Lines have already been drawn, with fast-growing, aggressive unions such as the 1.7-million-member Service Employees International Union demanding that the labor movement consolidate much as corporate America has. The presidents of five unions have established the New Unity Partnership, which advocates a massive reduction in the number of unions — from 63 to 15 — with those remaining to be divided clearly along sectoral lines, such as hospitality and construction.
Posted by Rick at 11/10/2004 08:57:00 AM