Anchor ads are not supported on this page.

4S Ranch Allied Gardens Alpine Baja Balboa Park Bankers Hill Barrio Logan Bay Ho Bay Park Black Mountain Ranch Blossom Valley Bonita Bonsall Borrego Springs Boulevard Campo Cardiff-by-the-Sea Carlsbad Carmel Mountain Carmel Valley Chollas View Chula Vista City College City Heights Clairemont College Area Coronado CSU San Marcos Cuyamaca College Del Cerro Del Mar Descanso Downtown San Diego Eastlake East Village El Cajon Emerald Hills Encanto Encinitas Escondido Fallbrook Fletcher Hills Golden Hill Grant Hill Grantville Grossmont College Guatay Harbor Island Hillcrest Imperial Beach Imperial Valley Jacumba Jamacha-Lomita Jamul Julian Kearny Mesa Kensington La Jolla Lakeside La Mesa Lemon Grove Leucadia Liberty Station Lincoln Acres Lincoln Park Linda Vista Little Italy Logan Heights Mesa College Midway District MiraCosta College Miramar Miramar College Mira Mesa Mission Beach Mission Hills Mission Valley Mountain View Mount Hope Mount Laguna National City Nestor Normal Heights North Park Oak Park Ocean Beach Oceanside Old Town Otay Mesa Pacific Beach Pala Palomar College Palomar Mountain Paradise Hills Pauma Valley Pine Valley Point Loma Point Loma Nazarene Potrero Poway Rainbow Ramona Rancho Bernardo Rancho Penasquitos Rancho San Diego Rancho Santa Fe Rolando San Carlos San Marcos San Onofre Santa Ysabel Santee San Ysidro Scripps Ranch SDSU Serra Mesa Shelltown Shelter Island Sherman Heights Skyline Solana Beach Sorrento Valley Southcrest South Park Southwestern College Spring Valley Stockton Talmadge Temecula Tierrasanta Tijuana UCSD University City University Heights USD Valencia Park Valley Center Vista Warner Springs

Minimum-wage hike may have legal impacts

City attorney’s office issues warning of “very fact intensive” analysis

The San Diego City Council's attempt at hiking the minimum wage to $13.09 could make way for some uphill legal battles, warns a June 6 memo from the city attorney's office.

The Committee on Economic Development and Intergovernmental Relations is set to hear the proposal (championed by council president Todd Gloria), which, if passed, would bump up the minimum wage for all workers over a three-year period. But the plan is not without some legal flaws.

In the memo, deputy city attorney George Halsey identifies "three significant legal issues" that could impact the enforceability of the ordinance, if approved by the council. Those legal issues surround nonresident employers who hire temporary or permanent workers in San Diego.

Sponsored
Sponsored

"As drafted, the ordinance would apply to a nonresident employer who sends an employee to the City for a business meeting, convention, or any other temporary work assignment. The ordinance would also protect those employees who work full time in the City as a telecommuter for a nonresident employer," writes Halsey.

The issue is whether requiring outside employers to pay higher wages to local workers could impact the Commerce Clause.

"The more the burden on interstate commerce outweighs the putative local benefits, the more likely a court would find that the local law violates the dormant Commerce Clause. Thus, any adjustments that lessen the burden on interstate commerce increase the likelihood of the ordinance surviving a constitutional challenge."

In addition, forcing outside employers to pay extra for workers here could create problems at home such as in the case of labor negotiations or other employment conditions. If that's the case, does San Diego have the authority to do so?

Lastly, surmises Halsey, is that the ordinance could be open for interpretation by a judge, During such a case, he or she would be forced to decide on which agency's labor laws — laws where the company is headquartered or the ordinance — would be at most risk if a legal challenge occurred.

"Case law suggests that the longer an out-of-state worker works in the City, the greater the interest the City has in applying its local labor laws."

In summary, "[T]here are three significant legal issues that could impact the ability of the City to enforce the ordinance on nonresident employers whose employees work within the City’s limits. These include: the dormant Commerce Clause, the prohibition against extraterritoriality, and the conflict of laws analysis.

“The legal analysis associated with each of these legal challenges is very fact intensive, and the outcome may vary on a case by case basis. Nevertheless, generally, the stronger the City’s legitimate reasons for enforcing the ordinance and the less this ordinance burdens interstate commerce, the more likely a court will permit the City to enforce this ordinance on nonresident employers whose employees temporarily or permanently work within the City’s geographical boundaries."

The committee hearing was set to take place at 9 a.m. on June 10 on the 12th floor at city hall.

Here's something you might be interested in.
Submit a free classified
or view all
Previous article

Melissa Etheridge, The Imaginary Amazon

Events April 1-April 3, 2024

The San Diego City Council's attempt at hiking the minimum wage to $13.09 could make way for some uphill legal battles, warns a June 6 memo from the city attorney's office.

The Committee on Economic Development and Intergovernmental Relations is set to hear the proposal (championed by council president Todd Gloria), which, if passed, would bump up the minimum wage for all workers over a three-year period. But the plan is not without some legal flaws.

In the memo, deputy city attorney George Halsey identifies "three significant legal issues" that could impact the enforceability of the ordinance, if approved by the council. Those legal issues surround nonresident employers who hire temporary or permanent workers in San Diego.

Sponsored
Sponsored

"As drafted, the ordinance would apply to a nonresident employer who sends an employee to the City for a business meeting, convention, or any other temporary work assignment. The ordinance would also protect those employees who work full time in the City as a telecommuter for a nonresident employer," writes Halsey.

The issue is whether requiring outside employers to pay higher wages to local workers could impact the Commerce Clause.

"The more the burden on interstate commerce outweighs the putative local benefits, the more likely a court would find that the local law violates the dormant Commerce Clause. Thus, any adjustments that lessen the burden on interstate commerce increase the likelihood of the ordinance surviving a constitutional challenge."

In addition, forcing outside employers to pay extra for workers here could create problems at home such as in the case of labor negotiations or other employment conditions. If that's the case, does San Diego have the authority to do so?

Lastly, surmises Halsey, is that the ordinance could be open for interpretation by a judge, During such a case, he or she would be forced to decide on which agency's labor laws — laws where the company is headquartered or the ordinance — would be at most risk if a legal challenge occurred.

"Case law suggests that the longer an out-of-state worker works in the City, the greater the interest the City has in applying its local labor laws."

In summary, "[T]here are three significant legal issues that could impact the ability of the City to enforce the ordinance on nonresident employers whose employees work within the City’s limits. These include: the dormant Commerce Clause, the prohibition against extraterritoriality, and the conflict of laws analysis.

“The legal analysis associated with each of these legal challenges is very fact intensive, and the outcome may vary on a case by case basis. Nevertheless, generally, the stronger the City’s legitimate reasons for enforcing the ordinance and the less this ordinance burdens interstate commerce, the more likely a court will permit the City to enforce this ordinance on nonresident employers whose employees temporarily or permanently work within the City’s geographical boundaries."

The committee hearing was set to take place at 9 a.m. on June 10 on the 12th floor at city hall.

Comments
Sponsored
Here's something you might be interested in.
Submit a free classified
or view all
Previous article

SDSU pres gets highest pay raise in state over last 15 years

Union-Tribune still stiffing downtown San Diego landlord?
Next Article

2024 continues to impress with yellowfin much closer to San Diego than they should be

New rockfish regulations coming this week as opener approaches
Comments
Ask a Hipster — Advice you didn't know you needed Big Screen — Movie commentary Blurt — Music's inside track Booze News — San Diego spirits Classical Music — Immortal beauty Classifieds — Free and easy Cover Stories — Front-page features Drinks All Around — Bartenders' drink recipes Excerpts — Literary and spiritual excerpts Feast! — Food & drink reviews Feature Stories — Local news & stories Fishing Report — What’s getting hooked from ship and shore From the Archives — Spotlight on the past Golden Dreams — Talk of the town The Gonzo Report — Making the musical scene, or at least reporting from it Letters — Our inbox Movies@Home — Local movie buffs share favorites Movie Reviews — Our critics' picks and pans Musician Interviews — Up close with local artists Neighborhood News from Stringers — Hyperlocal news News Ticker — News & politics Obermeyer — San Diego politics illustrated Outdoors — Weekly changes in flora and fauna Overheard in San Diego — Eavesdropping illustrated Poetry — The old and the new Reader Travel — Travel section built by travelers Reading — The hunt for intellectuals Roam-O-Rama — SoCal's best hiking/biking trails San Diego Beer — Inside San Diego suds SD on the QT — Almost factual news Sheep and Goats — Places of worship Special Issues — The best of Street Style — San Diego streets have style Surf Diego — Real stories from those braving the waves Theater — On stage in San Diego this week Tin Fork — Silver spoon alternative Under the Radar — Matt Potter's undercover work Unforgettable — Long-ago San Diego Unreal Estate — San Diego's priciest pads Your Week — Daily event picks
4S Ranch Allied Gardens Alpine Baja Balboa Park Bankers Hill Barrio Logan Bay Ho Bay Park Black Mountain Ranch Blossom Valley Bonita Bonsall Borrego Springs Boulevard Campo Cardiff-by-the-Sea Carlsbad Carmel Mountain Carmel Valley Chollas View Chula Vista City College City Heights Clairemont College Area Coronado CSU San Marcos Cuyamaca College Del Cerro Del Mar Descanso Downtown San Diego Eastlake East Village El Cajon Emerald Hills Encanto Encinitas Escondido Fallbrook Fletcher Hills Golden Hill Grant Hill Grantville Grossmont College Guatay Harbor Island Hillcrest Imperial Beach Imperial Valley Jacumba Jamacha-Lomita Jamul Julian Kearny Mesa Kensington La Jolla Lakeside La Mesa Lemon Grove Leucadia Liberty Station Lincoln Acres Lincoln Park Linda Vista Little Italy Logan Heights Mesa College Midway District MiraCosta College Miramar Miramar College Mira Mesa Mission Beach Mission Hills Mission Valley Mountain View Mount Hope Mount Laguna National City Nestor Normal Heights North Park Oak Park Ocean Beach Oceanside Old Town Otay Mesa Pacific Beach Pala Palomar College Palomar Mountain Paradise Hills Pauma Valley Pine Valley Point Loma Point Loma Nazarene Potrero Poway Rainbow Ramona Rancho Bernardo Rancho Penasquitos Rancho San Diego Rancho Santa Fe Rolando San Carlos San Marcos San Onofre Santa Ysabel Santee San Ysidro Scripps Ranch SDSU Serra Mesa Shelltown Shelter Island Sherman Heights Skyline Solana Beach Sorrento Valley Southcrest South Park Southwestern College Spring Valley Stockton Talmadge Temecula Tierrasanta Tijuana UCSD University City University Heights USD Valencia Park Valley Center Vista Warner Springs
Close

Anchor ads are not supported on this page.