Tomorrow morning, the Supreme Court will file its opinions in Stone v. Alameda Health System and People v. Walker. (Briefs here and here; oral argument videos here and here.)
The issues in Stone are: (1) Are all public entities exempt from the obligations in the Labor Code regarding meal and rest breaks, overtime, and payroll records, or only those public entities that satisfy the “hallmarks of sovereignty” standard adopted by the Court of Appeal in this case? (2) Does the exemption from the prompt payment statutes in Labor Code section 220, subdivision (b), for “employees directly employed by any county, incorporated city, or town or other municipal corporation” include all public entities that exercise governmental functions? (3) Do the civil penalties available under the Private Attorneys General Act of 2004, codified at Labor Code section 2698 et seq., apply to public entities? The court granted review in May 2023. Justice Kelli Evans is recused; Second District, Division Seven, Court of Appeal Justice John Segal is the pro tem in her place. More about the case here.
When the court granted review in Walker in March 2023, it limited the issue to: “Does the amendment to Penal Code section 1385, subdivision (c) that requires trial courts to ‘afford great weight’ to enumerated mitigating circumstances (Stats. 2021, ch. 721) create a rebuttable presumption in favor of dismissing an enhancement unless the trial court finds dismissal would endanger public safety?” More about the case here.
The Walker opinion will leave undecided just one of the nine cases that were argued on the late-May calendar. That last opinion — in the In re Kenneth D. case concerning the Indian Child Welfare Act — should file on Monday. After Stone, five of the seven cases from the June calendar will still be pending (opinions expected by August 29).
The Stone and Walker opinions can be viewed tomorrow starting at 10:00 a.m.