Ninth Circuit Rejects Challenge to California’s Disclosure of Home-Care Aide List

On February 14, 2022, the Ninth Circuit Court of Appeals, in HCAOA v. Newsom, rejected a challenge to a California statute that permits labor organizations to obtain registered home-care aides’ names and telephone numbers from the State, so long as a home-care aide does not object to such disclosure.

Two industry groups claimed that the California statute is preempted by the National Labor Relations Act because the state law makes it easier for home-care aides to organize and demand better wages, benefits and working conditions.  The Ninth Circuit held that the industry groups failed to demonstrate that they had standing to challenge the law and, therefore, directed the district court to dismiss the case.

Altshuler Berzon LLP represented SEIU Local 2015, which intervened in the case to oppose the industry challenge.