Labor lawyers tell U.S. Supreme Court justices not to meddle in California state law By Owen Tucker-Smith Updated July 12, 2022 5:37 PM The U.S. Supreme Court in Washington, D.C.

A group of lawyers say the U.S. Supreme Court has grossly misinterpreted California labor law — and they want a rehearing.

In a new response to the Court’s June decision limiting the state’s worker protection law, the attorneys argue that the nine justices misunderstand California labor policy and succumbed to “obvious errors.” Plus, four lawyers on the case said, judges in Washington shouldn’t be trying to settle a state policy in the first place. They are requesting that the Court hold a rehearing on the matter.

Attorneys Scott Nelson, Kevin Barnes, Gregg Lander and Michael Rubin represented Angie Moriana inViking River Cruises v. Moriana. Moriana, who said Viking was late to send her last paycheck after she quit her job, sued the company through the Private Attorneys General Act, which allows California employees to sue their employers on behalf of the state. But Viking said employees like Moriana were bound to arbitration agreements, so a PAGA claim was invalid.

The Court agreed. Nelson said the justices need to try again. But a majority of justices must agree to a Supreme Court rehearing, and such hearings are rare.