Court Upholds Regents' Autonomy

In Goldbaum v. Regents of the University of California (here), the Court of Appeal held that the Regents are not bound by the fee-shifting provision contained in Labor Code §218.5. The Court held that applying the statute to the Regents would violate their constitutional autonomy under Article IX, Section 9(a).

This decision is not a surprise. Earlier cases had held that the Regents were exempt from prevailing wage statutes. See, e.g., San Francisco Labor Council v. Regents of the University of California, 26 Cal. 3d 785 (1980); Regents of the University of California v. Aubry, 42 Cal. App. 4th 579 (1996). Similarly, the courts have held that the Regents are exempt from a statute requiring employers to indemnity employees for necessary expenses and losses incurred in discharging job duties. In re Work Uniform Cases, 133 Cal. App. 4th 328 (2005). Accordingly, there is little likelihood that the California Supreme Court will grant review.