Young

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

REECE YOUNG, et al., Case No. 22-cv-01883-VC

Plaintiffs,

ORDER GRANTING MOTION TO

v. DISMISS

BYTEDANCE INC., et al., Re: Dkt. No. 27 Defendants.

The motion to dismiss is granted. Even though the plaintiffs have sued TikTok and ByteDance instead of their employers, workers’ compensation exclusivity applies. See SeaBright Ins. Co. v. U.S. Airways, Inc., 52 Cal. 4th 590, 594 (2011). The plaintiffs have failed to adequately plead that the “retained control” exception applies. See Hooker v. Department of Transportation, 27 Cal. 4th 198, 201–02 (2002) (recognizing exception where a hirer of an independent contractor retains control over the work but negligently exercises that control, injuring the contractor’s employees). TikTok and ByteDance (collectively, “TikTok”) argue that the plaintiffs have failed to plead the retained control exception in part because they did not (and cannot) plead a physical injury. The Court is not fully satisfied that this exception requires a physical injury under California law, because the parties have not adequately addressed the issue.…