{"id":"DUT-WA-020","kind":"duty","level":"court","jurisdiction":"Washington (United States Court of Appeals for the Ninth Circuit, on appeal from E.D. Wash.)","state":"WA","metro":"","industry":"","agency":"","eco":"","issuer":"United States Court of Appeals for the Ninth Circuit (Gould, Clifton, Bress, JJ.; opinion by Judge Clifton)","authority":"28 U.S.C. § 1291; review of RCW 43.06.010(12), 43.06.220, 49.17.010, 49.17.040 and WAC 296-800-14035","instrument":"Slidewaters LLC v. Washington State Department of Labor \u0026 Industries, No. 20-35634","title":"Opinion affirming denial of injunctive relief and dismissal of claims against Proclamations 20-05 and 20-25 and L\u0026I emergency rule WAC 296-800-14035","dateIssued":"2021-07-08","effective":"2021-07-08","end":"standing precedent","startDate":"2021-07-08","endDate":"2021-09-30","quarters":["2021Q3"],"types":["CLOSE","EMP","COND"],"addressees":["employers; specified businesses (a water park and, by the holding, every business subject to the proclamations)"],"clause":"The rule creates an enforcement mechanism for the proclamations\u0027 restrictions on businesses by prohibiting employers from allowing employees to work if the business activity is prohibited.... If an employee is found working when the business activity is prohibited under the proclamations, the employer can be issued a citation that could result in a fine.","enforcement":"Confirms citation and fine under WAC 296-800-14035 and RCW 49.17.180 for operating contrary to a proclamation","functions":[],"notes":"Holds that the Governor had authority under RCW 43.06.010(12) and 43.06.220 to issue the proclamations, that L\u0026I \u0027acted within its scope of authority\u0027 under RCW 49.17.040 and 49.17.010 in adopting WAC 296-800-14035, that L\u0026I \u0027is charged with making and enforcing workplace safety and health standards\u0027, and that the restrictions satisfy rational-basis review; \u0027We conclude that Defendants have the authority under Washington law to impose the restrictions\u0027. Character as recorded: adjudication (order_penalty layer).","sourceUrl":"https://cdn.ca9.uscourts.gov/datastore/opinions/2021/07/08/20-35634.pdf","snapshot":"","fileExists":true,"fileBytes":147919,"grade":"primary","character":"adjudication","description":"","collection":"DUT-WA","url":"/library/DUT-WA-020","exhibitUrl":"/exhibit/DUT-WA-020","citation":"United States Court of Appeals for the Ninth Circuit (Gould, Clifton, Bress, JJ.; opinion by Judge Clifton), Slidewaters LLC v. Washington State Department of Labor \u0026 Industries, No. 20-35634 (standing) (Ex. DUT-WA-020)","stateName":"Washington","related":["AGY-ST-LABOR-WORKPLACE-078"]}