California Court Denies Request to Stop Temporary Standards – Rules Remain in Place

by Karen J. Williams, Esq.

Benefits,  California,  California Legal Compliance,  COVID-19,  Hot Topics

In a decision handed down on February 25, 2021, the California Superior Court in San Francisco County denied the National Retail Federation’s (NRF) and other businesses’ motion seeking an injunction of enforcement of the CAL/OSHA COVID-19 Emergency Temporary Standard (ETS) which were made effective on November 30, 2020.  The agricultural and retail industry businesses requested the injunction, arguing that the California agencies responsible for the ETS were required to propose the regulations and circulate these for public comment. However, the agencies jumped the gun by issuing these on an emergency basis, thereby violating the NRF’s rights to due process, according to the NRF. The businesses also argued that these ETS were unnecessary and financially burdensome.

The Court chose the same route other courts have taken across the country and stated, “no federal or state court in the country has blocked emergency public health orders intended to curb the spread of COVID-19, and the illnesses, hospitalizations, and deaths that follow in its wake. This Court will not be the first. Lives are at stake.”

The California Legal Services Group will continue to monitor any further developments of this case. If you have any questions about this case or how to address COVID-19 in your California workplace, please contact us at CAInfo@employerscouncil.org.

About the author
Karen J. Williams, Esq.

Karen J. Williams, Esq., is licensed in Arizona, California and New York and has spent much of her career serving as Corporate Counsel for large corporations, both unionized and not. She has represented management in labor negotiations, arbitrations, ULPs and in NLRB Trials. She has also served on Industry Committees providing management perspectives to Senate and House Members.