Hartwig Entitled to No Weight in Trial Courts

A few readers have asked if we have an analysis on whether the Labor Commissioner’s recent Precedent Decision in the Hartwig matter is binding on trial courts. We do. It isn't. In the recent Supreme Court case of Reynolds v. Bement, the court discussed the issue, noting that it had determined that the DLSE’s administrative policies are not due general interpretive deference unless they are promulgated in accordance with the Administrative Procedure Act (APA), section 11340 et seq. of the Government Code. (Tidewater Marine Western, Inc. v. Bradshaw (1996), 14 Cal. 4th 557, 561). Because the Labor Commissioner’s use of the Hartwig decision did not go through the APA process, it should be given no weight at all.