Sanitation ventilation shelter from extremes of

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sanitation, ventilation, shelter from extremes of weather and temperatures, adequate veterinary care ... necessary for humane handling, care or treatment of animals.” 7 U.S.C. § 2143. The rules and standards promulgated under this grant of power are found in 9 C.F.R. 3 et seq. The rules that defendant allegedly violated about which plaintiff complained, namely failure to observe animals at regular intervals, failure to water animals properly, failure to maintain proper handling temperatures, and failure to prevent physical distress, directly flow from the legislative grant of power to the Secretary in 7 U.S.C. § 2143. Furthermore, these regulations carry out the stated purpose of the Act in insuring that animals in interstate commerce are treated humanely. See 7 U.S.C. § 2143. In sum, while the alleged violations by the defendant are regulatory in nature, they are sufficiently tethered to a statute to constitute public policy.
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Spring 2017 LER 590-E: GOVERNMENT REGULATION II 60 | P a g e In sum, plaintiff has presented a prima facie case of wrongful discharge under California law. As alleged, he was fired after complaining to management about violations of a federal statute. A colorable state law claim has been made, and the court DENIES defendant’s motion to dismiss the wrongful discharge claim. The court must now determine whether the claim has been preempted by § 301. 2. Intentional Infliction of Emotional Distress Plaintiff asserts a claim of emotional distress against his employer Feld Entertainment. Under California’s Labor Code, the state’s workers’ compensation system generally provides the sole remedy for an employee’s injury sustained on the job. In particular, an employee cannot bring a civil suit for physical or emotional injury, or both, if the injury occurred during the normal course of the employment relationship. See, e.g., Livitsanos v. Superior Court, 2 Cal.4th 744, 7 Cal.Rptr.2d 808, 828 P.2d 1195, 1201-02 (1992); Cole v. Fair Oaks Fire Protection Dist., 43 Cal.3d 148, 233 Cal.Rptr. 308, 729 P.2d 743, 748-50 (1987) (rule applies when employer is guilty of “intentional,” even “malicious or deceitful,” misconduct). In determining whether worker’s compensation is the exclusive remedy, the court must look at whether the actions of misconduct attributed to the employer are “a normal part of the employment relationship.” Cole, 233 Cal.Rptr. 308, 729 P.2d at 750. Actions such as “demotions, promotions, criticism of work practices, and frictions in negotiations as to grievances” are all part of the normal employment relationship, even if the actions can be characterized as unfair or outrageous. All of the actions of which plaintiff complains in regard to his emotional distress claim, while arguably outrageous, involved a normal part of the employment relationship. As pled by plaintiff, the claim for emotional distress arises from defendant’s actions in regard to plaintiff’s job of taking care of the lions: defendant’s refusing to stop the train for watering down and water for the
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