Rolando Lemus v. Denny's Inc.

MEMORANDUM

Plaintiff-Appellant Rolando Lemus appeals the district court’s grant of summary judgment to Defendant-Appellee Denny’s Inc. We have jurisdiction under 28 U.S.C. § 1291 and affirm.

“We review a district court’s decision to grant summary judgment de novo.” Carver v. Holder, 606 F.3d 690, 695 (9th Cir.2010). “We may affirm the district court on any basis supported by the record.” Moreno v. Baca, 431 F.3d 633, 638 (9th Cir.2005).

1. Lemus argues that Denny’s is required, under California Labor Code section 2802, to reimburse its employees for the cost of slip-resistant shoes as “necessary expenditures ... incurred by the employee[s].” Further, Lemus argues that section 2802 applies, because the slip-resistant footwear at issue in this case.is not regulated by either the federal Occupational Safety and Health Act of 1970 (“OSHA”) or by the California Occupational Safety and Health Act of 1973 (“CAL/OSHA”).

It is not necessary to decide the applicability of OSHA or CAL/OSHA, because, even if section 2802 applies, it does not require Denny’s to reimburse the cost of its employees’ slip-resistant footwear. California Labor Code section 2802(a) provides that “[a]n employer…