held that the Plaintiffs could not show that they were likely to prevail on their
claims that the regulation violated (1) the due process clause of the 14th Amendment, (2) the Administrative Procedure Act, or (3) that Cal/OSHA exceeded its legal authority. As such, Judge Schulman refused to enjoin the measure, permitting enforcement of the same to proceed.
PRO Act Provisions Moving Through Employment Agencies? As our wonderful colleague
Kyllan Kershaw out of our Atlanta office noted during our
podcast on the PRO Act, the legislation, as a monolith, faces an unlikely and uphill path to enactment. However, the Act does represent a sort of labor “wish list.” And many of the items on that wish list appear to be passing through the various federal employment agencies. For example, something akin to California’s ABC test for worker classification could likely see its way through the DOL Rulemaking process – which we discussed