National Railroad Passenger Corp. v. State of CA

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 National Railroad Passenger Corp., et al., No. 2:15-cv-0924-KJM-EFB Plaintiffs, ORDER Vv. Julie Su in her official capacity as Labor Commissioner, State of California Division of Labor Standards Enforcement, 16 Defendant, 17 v. 18 Transportation Division of the International Association of Sheet Metal, Air, Rail, and Transportation Workers, et al., 2] Intervenors. 22 Several California railroad employers have sued the California Labor Commissioner, 24 seeking a declaration that federal law preempts California’s Healthy Workplaces, Healthy Families Act of 2014 (the “California Act” or “Act’). Third Am. Compl. § 1, ECF No. 41. Plaintiffs also seek to enjoin the California Act’s enforcement. Jd. The second phase of 27 plaintiffs’ preemption challenge is before the court: The parties cross-move for partial summary judgment on whether the California Act is preempted by the Dormant Commerce Clause or the

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