Last week, in the case of HCAOA v. Newsom, the association’s challenge to AB 2455, the judge upheld the law. This is a California law which compels disclosure of registered home care aides’ personal contact information to requesting labor unions for the express purpose of organizing.
The judge noted that the State law does not “require or prevent home care companies from doing anything,” but the judge ignored that the State requires employers’ employees to disclose their personal contact information as a condition of registration by the State (unless they exercise the opt-out feature), and that AB 2455 compels the State to disclose this information to promote union organizing of employers, without the employers’ consent and in a manner inconsistent with rules of the National Labor Relations Board.
While the length of time it took the judge to decide the case did have the benefit of delaying enforcement of AB 2455 for over a year, we are naturally disappointed in the judge’s decision,” said HCAOA Executive Director Vicki Hoak. "But when we took on this case, we expected that it would likely require a decision by the Ninth Circuit court of appeals, if not the Supreme Court, to get to the right result." HCAOA has 30 days to file an appeal to the Ninth Circuit.