DLSE Withdraws All Precedent Decisions
May 22, 2008
A recent memo to all DLSE Staff from chief counsel Robert Roginson notified the department that all prior precedent decisions have been withdrawn. Roginson wrote:
As a result of recently concluded litigation, it has been determined that the Labor Commissioner may not designate ODAs as precedent decisions. Accordingly, please be advised of the following:
1. The designation of each Order, Decision, or Award (ODA) previously designated as a precedent decision pursuant to Government Code section 11425.60 has been withdrawn by the Labor Commissioner.
2. Any ODA withdrawn as a precedent decision is not binding and is not to be relied upon in any manner in any other adjudication of employee claims by DLSE staff in section 98 proceedings.
3. The Labor Commissioner is not authorized to designate ODAs as precedent decisions.
The withdrawal follows the finality of the Corrales v. Bradstreet case, which we discussed last year in a post found at this link.
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