Wash. Supreme Court published opinion — 897239.pdf

Citation: Wash. Supreme Court published opinion — 897239.pdf
Jurisdiction: Washington (state)
Source verification: official_capture_completeness_unverified
Original Source: https://www.courts.wa.gov/opinions/pdf/897239.pdf ↗

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Filo Foods suggests that even if some of Proposition 1's provisions are in fact minimum
labor standards that are not individually preempted, the trial court erred by "fail[ing] to
consider the cumulative effect" of the minimum labor standards. Filo Foods's Opening
Br. at 37. Filo Foods cites no authority for the proposition that several minimum labor
standards, though each in isolation is not preempted, work together in cumulative effect
to become preempted. Without such authority, Fort Halifax Packing Co. and
Metropolitan Life Insurance Co. require us to hold that the NLRA does not preempt
minimum labor standards, even when several such standards appear in one ordinance.
Filo Foods also suggests that the NLRA preempts Proposition 1 because it is not a law
"of general application and instead, targets those businesses, and only those businesses,
that are associated, either directly or indirectly, with air travel." Filo Foods's Opening
Br. at 38. Such an argument is unavailing: "state substantive labor standards, including
minimum wages, are not invalid [under the NLRA] simply because they apply to
particular trades, professions, or job classifications rather than to the entire labor market."
Associated Builders & Contractors ofS. Cal., Inc. v. Nunn, 356 F.3d 979, 990 (9th Cir.
2004).

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Fila Foods, LLC v. City ofSeaTac
89723-9