Member Login | Join HCAOA
Home Care Association of America
  • Membership Resources
    • Member Login
    • Code of Conduct
    • Resources
    • Newsletters
    • Product & Services Guide
    • Join HCAOA
    • Benefits: Agency Membership
    • Benefits: Associate Membership
  • State Chapters
    • Alabama
    • Arizona
    • California
    • Connecticut
    • Florida
    • Georgia
    • Illinois
    • Massachusetts
    • Michigan
    • New Jersey
    • New York
    • Ohio
    • South Carolina
    • Virginia
    • Washington
    • West Virginia
    • Wisconsin
  • Education/Events
    • Calendar
    • National Home Care Conference >
      • 2023 Call for Speakers
  • Advocacy/Policy
    • Bring the Vote Home
    • Advocacy Fund
    • State of Home Care: Industry at Crossroads
    • Home Care Workforce Action Alliance
    • Caring for Seniors: Value of Home Care
    • Home Care by the Numbers
    • Issues & Positions
    • Legislative Action Network
    • State Legislation Tracker
    • Federal Legislation Tracker
  • About HCAOA
    • Mission & Vision
    • Board of Directors
    • Staff
    • Caregiver of the Year Award
    • News Releases
    • Advertising & Marketing
    • The Voice
    • Contact Us
  • Find a Job

Oral Argument Held in California’s AB 2455 Appeal

1/26/2022

0 Comments

 
​HCAOA has filed litigation in an attempt to block California’s home care registry law that gives home care workers’ personal contact information to unions. While we lost our case in a lower court, we filed an appeal and on January 12, oral argument in the AB 2455 appeal in the Ninth Circuit was held. Maury Baskin from the Littler firm argued the case on behalf of HCAOA to a three-judge panel consisting of two Obama appointees and one Reagan appointee. Attorneys for the State and the SEIU argued in opposition, challenging both HCAOA’s standing to sue and also denying that the Act was preempted by federal labor law.
The judges were engaged and understood the issues. They asked questions about the extent of the injury to the Association members and their employees. One of the Obama-appointed judges pressed the State hard as to why it was not clear from the face of the law that employers would be harmed, without having to identify individual companies’ specific harms beyond the obvious State assistance to union organizing.
 
On the merits of labor law preemption, the judges explored various hypotheticals of State actions that might or might not be preempted. As in our briefs, we argued that AB 2455 cannot stand because the State is abusing its authority as a regulator of the home care industry to put its thumb on the carefully balanced scales of federal labor disclosure rules, with the explicit intent to help unions organize. We pointed out that State conduct of this sort has been found to be preempted in previous decisions.
 
The Court took the case under advisement, and we now must wait for the decision, which could take as little as a month or two, or as long as a year. Stay tuned for updates.  
0 Comments



Leave a Reply.

    Archives

    February 2023
    January 2023
    December 2022
    November 2022
    October 2022
    September 2022
    August 2022
    July 2022
    June 2022
    May 2022
    April 2022
    March 2022
    February 2022
    January 2022
    December 2021
    November 2021
    October 2021
    September 2021
    August 2021
    July 2021
    June 2021
    May 2021
    April 2021
    March 2021
    February 2021
    January 2021
    December 2020
    November 2020
    October 2020
    September 2020

    Categories

    All
    Accreditation
    Arizona
    Award
    California
    Caregiver
    Chapters
    Conference
    Connecticut
    COVID 19
    COVID-19
    Data
    Delaware
    Education
    Florida
    Georgia
    Illinois
    Kansas
    Kentucky
    Legal
    Legislative
    Massachusetts
    Medi
    Medicaid
    Medicare
    Member Benefits
    Member News
    Michigan
    Minnesota
    New Jersey
    New York
    Ohio
    Pennsylvania
    Research
    Rhode Island
    South Carolina
    South Dakota
    Sponsorships
    Veterans Administration
    Virginia
    Washington
    West Virginia
    Wisconsin
    Workforce

    RSS Feed

    Upcoming Events

Phone: 202-519-2960​ | 444 N. Capitol Street NW, Suite 428 |  Washington, DC 20001
info@hcaoa.org
 |
sitemap
​

© 2020 Home Care Association of America.  All Rights Reserved. | Privacy Policy | Refund Policy
Picture
  • Membership Resources
    • Member Login
    • Code of Conduct
    • Resources
    • Newsletters
    • Product & Services Guide
    • Join HCAOA
    • Benefits: Agency Membership
    • Benefits: Associate Membership
  • State Chapters
    • Alabama
    • Arizona
    • California
    • Connecticut
    • Florida
    • Georgia
    • Illinois
    • Massachusetts
    • Michigan
    • New Jersey
    • New York
    • Ohio
    • South Carolina
    • Virginia
    • Washington
    • West Virginia
    • Wisconsin
  • Education/Events
    • Calendar
    • National Home Care Conference >
      • 2023 Call for Speakers
  • Advocacy/Policy
    • Bring the Vote Home
    • Advocacy Fund
    • State of Home Care: Industry at Crossroads
    • Home Care Workforce Action Alliance
    • Caring for Seniors: Value of Home Care
    • Home Care by the Numbers
    • Issues & Positions
    • Legislative Action Network
    • State Legislation Tracker
    • Federal Legislation Tracker
  • About HCAOA
    • Mission & Vision
    • Board of Directors
    • Staff
    • Caregiver of the Year Award
    • News Releases
    • Advertising & Marketing
    • The Voice
    • Contact Us
  • Find a Job