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LIVADAS v. BRADSHAW

September 27, 1994

KAREN LIVADAS, Plaintiff,
v.
VICTORIA BRADSHAW, in her official capacity as Labor Commissioner for the State of California, Defendant.



The opinion of the court was delivered by: THELTON E. HENDERSON

 Plaintiff Karen Livadas and Defendant Victoria Bradshaw, Labor Commissioner for the State of California, hereby stipulate and agree that the Court may enter the supplementary remedial order filed herewith in this action. The parties respectfully request that this order be published in the Federal Supplement to facilitate public understanding of the disposition of this case.

 IT IS SO STIPULATED. Dated: September 19, 1994 DAVIS, COWELL & BOWE

 By Michael Anderson

 Richard G. McCracken

 Michael T. Anderson

 Attorneys for Plaintiff-Appellee

 Dated: September 20, 1994

 By H. Thomas Cadell, Jr. Chief Counsel

 Division of Labor Standards

 Enforcement

 Department of Industrial Relations

 State of California

 Attorneys for Defendant-Appellant

 Victoria Bradshaw

 [PROPOSED] SUPPLEMENTARY REMEDIAL ORDER

 After careful consideration of motions, legal memoranda, exhibits and arguments of the parties, and consistent with the opinion of the United States Supreme Court issued June 13, 1994, in this matter, IT IS HEREBY ORDERED THAT:

 1. The Court's order in this action dated October 12, 1990, remains in effect.

 2. The Defendant Victoria Bradshaw and her successors as Labor Commissioner for the State of California shall promulgate the Interpretive Bulletin 94-4 (attached hereto as Exhibit A) as a remedial measure to bring the enforcement policy of the Division of Labor Standards Enforcement into compliance with federal law.

 IT IS SO ORDERED.

 Dated: 9/27/94

 THELTON E. HENDERSON

 Chief Judge

 United States District Court

 EXHIBIT A

 Department of Industrial Relations

 DIVISION OF LABOR STANDARDS ENFORCEMENT

 INTERPRETIVE BULLETIN

 NUMBER: 94-4

 DATE: August 5, 1994

 TO: All Professional Staff Statewide

 FROM: Victoria L. Bradshaw

 State Labor Commissioner

 San Francisco HQ

 SUBJECT: Livadas v. Bradshaw

 On June 13, 1994, the United States Supreme Court delivered its opinion in the case of Livadas v. Bradshaw.1 The Supreme Court reversed the ruling of the Ninth Circuit Court of Appeals and held that the policy of the Labor Commissioner, which led to the rejection of the claim for waiting time penalties filed by Karen Livadas, was inconsistent with the National Labor Relations Act.


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