PELRAC 10th Annual Training Conference
September 25 @ 8:00 am - 5:00 pm
Leech Tishman Employment Practice Group Partner Philip Toomey will be speaking at the Public Employer Labor Relations Association of California 10th Annual Training Conference. Planned breakout sessions include:
“The Marquez Case”
Marquez v. City of Long Beach – the Long Arm of the Labor Code
In 2016, Wendy Marques filed a class action lawsuit against the City of Long Beach. She alled the City violated the California Labor Code and the Industrial Welfare Commissions wage order by failing to pay library pages and recreational leaders wages at or above the statewide minimum wage. Long Beach, a chartered city, obtained dismissal of the lawsuit. The trial court found that the authority to determine employee compensation was reserved to the City under article XII, section 5 of the California Constitution, holding state law could not impose a minimum wage for the City’s employees because compensation of Long Beach City employees was not a matter of statewide concern.
In February 2019, the Court of Appeals overturned the trial court decision. The court found legislation setting a statewide minimum wage addressed the state’s interest in protecting the health and welfare of workers. In making that finding, the Court of Appeals determined the Legislature could constitutionally exercise the authority and force a chartered city to comply with certain provisions of the Labor Code and Industrial Welfare Orders, despite the constitutional reservation of authority and charter cities to legislate as to their municipal affairs. IWC orders address issues other than minimum wage, including hours of work, breaks, and the like. The court left open whether such state administrative regulations might have further application to chartered cities.
The session will address “which employment laws” are generally applicable to both chartered and non-chartered cities. It will also discuss the extent to which the holding of Marquez could be extended to other public employment matters beyond minimum wage.
- September 25
8:00 am - 5:00 pm
- DoubleTree by Hilton Golf Resort Palm Springs Area
67967 Vista Chino
Cathedral City, CA 92234 United States + Google Map