California Supreme Court

Solus Industrial Innovations, LLC, Petitioners v. the Superior Court of Orange County, Respondent; The…

February 8, 2018228 Cal. Rptr. 3d 406

Summary

The court held that the federal Occupational Safety and Health Act does not preempt unfair competition and false advertising claims based on violations of California occupational safety and health standards when California operates under a federally approved state plan. The claims neither fall within the narrow field occupied by federal law nor obstruct federal objectives because they impose no different substantive workplace standard and merely provide supplemental enforcement. The court reversed the Court of Appeal and directed further proceedings.