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Hospital Association Files Lawsuit Against California Spending Caps

In 2022, the California Health Care Quality and Affordability Act (SB 184, Chapter 47, Statutes of 2022) established the Office of Health Care Affordability (OHCA) within the Department of Health Care Access and Information (HCAI). (Health and Safety Code, Division 107, Part 2, Chapter 2.6). Title 22, Division 7, Chapter 11.5, Article 1 of the California Code of Regulations sets forth the regulatory requirements for Material Change Transaction Notices and Cost and Market Impact Reviews.

A lawsuit filed this week in San Francisco County Superior Court by the California Hospital Association (and its membership of about 400 hospitals) alleges that the California Office of Health Care Affordability’s (OHCA) board, what the Association claims is “a group of eight unelected bureaucrats,” has raced to implement health care spending caps while ignoring critical factors, including:

– – The underlying costs of care (labor expenses, advancements in clinical care, pharmaceutical prices, etc.)
– – A rapidly aging population that will require more intensive care
– – National and statewide inflationary pressures
– – State and federal policy changes, such as passage earlier this year of the One Big Beautiful Bill Act, which will strip tens of billions of dollars from California’s health care system over the next decade

The California Hospital Association asks the court to prohibit OHCA from implementing five actions, effectively requiring the board to revisit:

– – The creation of a 3.5% statewide spending target for 2025, declining to 3% by 2029
– – The adoption of a hospital sector
– – The adoption of a hospital sector spending target equal to the statewide cost target
– – The adoption of criteria for identifying supposed “high-cost outlier” hospitals
– – The adoption of reduced spending targets for the “outlier” hospitals, starting at 1.8% for 2026 and declining to 1.6% by 2029

Since its inception, OHCA has continually flouted both the letter and spirit of the law that created it,” said Carmela Coyle, President & CEO of the California Hospital Association. “Lawmakers intentionally established a multi-year time frame for OHCA – to ensure its board engaged in a thoughtful, data-driven approach to making health care more affordable without sacrificing access to care, quality of care, health care jobs, and more. Yet, the office’s illegal and breakneck pursuit of cost-cutting – regardless of the impact on patients and workers – has now put vital health care services for all Californians at risk.

According to the lawsuit, the Legislature’s intent was clear: “OHCA’s work to improve health care affordability must promote, rather than come at the expense of, health care access, equity, and quality, and the stability of the health care workforce.”

Instead, it alleges that OHCA has rushed to establish hospital spending targets while ignoring “voluminous and complex information,” according to the lawsuit. OHCA has “relied on incomplete and at times faulty data” in establishing “improperly-focused, and unattainable cost targets, which neither consider the actual factors that impact hospital costs nor are constructed to actually ensure consumer affordability,” the lawsuit states.

The lawsuit alleges that actions taken to date by OHCA officials are “arbitrary and capricious,” contain repeated violations of state law, and do not ensure that savings from the imposed cost targets “would be passed to consumers in the form of lower premiums and cost sharing, rather than simply being retained by payers as higher profits.” While OHCA has targeted hospitals with “unattainably low” cost targets, health insurance companies are increasing the premiums paid by consumers by 10% or more each year – calling into question the agency’s actual impact on the pocketbooks of working Californians.

The spending caps set by politically appointed bureaucrats could force cuts that result in many Californians traveling farther for care, facing longer emergency room wait times, experiencing more overcrowding, and losing access to critical services like maternity care, cancer treatment, behavioral health services, and surgical care,” Coyle said. “OHCA has unfairly targeted hospitals without the necessary research and analysis. This has resulted in a handful of unelected individuals who have chosen to cut billions from California’s health care system, endangering access to health care in vulnerable communities across the state.”

Remote Workers Will Take 25% Pay Cut, But Actually Get 1% More

Remote working arrangements have become increasingly prevalent in recent years. An estimated 11.8 percent of full- time employees in the United States work fully remotely while an additional 29 percent work partly remotely. In theory, remote work can be viewed as either a positive or negative amenity: It offers greater scheduling flexibility, enhancing work- life balance, but it may also limit access to face- to-face mentoring and raise concerns about potential career growth penalties.

The tech sector provides a particularly interesting context given its high work- from-home rate and its status as arguably the highest – paying and most innovative industry.The Harvard-Brown-UCLA study, titled “Home Sweet Home: How Much Do Employees Value Remote Work?” and published in the AEA Papers and Proceedings (2025), examines employees’ preferences for remote work arrangements and the associated wage-setting practices in the US tech sector. Using revealed preference data from job offers and choices, the authors (Zoë Cullen, Bobak Pakzad-Hurson, and Ricardo Perez-Truglia) estimate the amenity value of remote work.

They find that workers are willing to forgo a substantial portion of their compensation for remote options, but counterintuitively, remote positions do not command lower wages – in fact, they may pay slightly more.

The analysis draws on a sample of 1,396 tech workers surveyed between May 2023 and December 2024, in collaboration with levels.fyi, a platform for tech salary data. The tech sector is highlighted for its high remote work adoption (11.8% fully remote and 29% hybrid nationally, per Barrero, Bloom, and Davis 2023) and its status as a high-paying, innovative industry. It includes detailed information on job offers received by participants, such as total compensation (base salary, bonus, and equity), job location, and remote status (fully in-person, partly remote/hybrid, or fully remote). For participants who hadn’t yet accepted an offer, the survey captured the likelihood of acceptance.

Participants were predominantly male (83.7%), average 32 years old, with 6.7 years of experience. Common roles include software engineer, product manager, and data scientist; top employers are Google, Meta, and Apple. Average total compensation per offer is $239,000 (68.8% base salary, 7.5% bonus, 23.7% equity). 18.3% of offers are fully in-person; 81.7% are remote (40.7% fully remote, 59.3% partly remote).

Given high Willingness to Pay (WTP) for remote work, theory predicts a compensating differential: lower pay for remote positions as an amenity. The authors test this using levels.fyi salary submissions (June 2023-June 2024), comparable to the survey sample.However, the study showed remote positions pay 1.1% more on average than identical in-person ones. This opposes the expected ~25% discount for remote.

The study concludes that tech workers highly value remote work (WTP ~25%), but no compensating wage discount exists – remote pays slightly more.

Oracle AI Database Increases Children’s Hospital L.A. Efficiency 98%

On October 14, 2025, during Oracle AI World in Las Vegas, Oracle announced a significant partnership with Children’s Hospital Los Angeles (CHLA), a top-ranked pediatric hospital and research center. The collaboration highlights CHLA’s adoption of Oracle’s Autonomous AI Database on Oracle Cloud Infrastructure (OCI) to dramatically boost the performance of its mission-critical business systems – achieving up to 98% improvement in speed and efficiency.

This is part of CHLA’s broader digital transformation strategy, which includes a long-term migration of key operations like finance, human resources (HR), supply chain, and customer experience to Oracle Fusion Cloud Applications. The initiative aims to modernize legacy systems (including PeopleSoft applications), enhance data security, and free up resources for patient care in a high-stakes pediatric environment.

Oracle’s major AI push was unveiled during the keynote at Oracle AI World in Las Vegas, featuring Chairman and CTO Larry Ellison and other executives. The event, formerly known as Oracle CloudWorld, shifted focus to AI as a core business differentiator. The announcements center on integrating AI deeply into Oracle’s cloud infrastructure, databases, and data platforms, aiming to make enterprise data “AI-ready” while emphasizing security, scalability, and agentic automation (AI agents that can act autonomously). This builds on Oracle’s prior AI efforts, like embedding AI agents in cloud apps and partnerships for large language model (LLM) training.

CHLA plans pilot programs for advanced AI features, like predictive analytics for patient resource allocation, and potential expansions into machine learning for research data. Success will be tracked via metrics like reduced processing times and staff satisfaction, with possible joint publications to guide the sector. This could accelerate Oracle’s penetration in U.S. healthcare, especially among academic medical centers, amid a market projected to exceed $50B for cloud AI in health by 2027.

Oracle Health (formerly Cerner) competes in electronic health records (EHRs), cloud infrastructure for healthcare, AI-driven analytics, revenue cycle management (RCM), and enterprise resource planning (ERP) for providers like hospitals and clinics. Its strengths lie in integrated AI agents, autonomous databases on Oracle Cloud Infrastructure (OCI), and end-to-end solutions post-2022 Cerner acquisition.

However, it faces stiff competition from EHR giants, cloud hyperscalers with healthcare-specific offerings, and specialized analytics/RCM vendors. Oracle holds about 23% market share in acute care EHRs (as of 2024 data), trailing leaders like Epic.Epic leads with customization, but Oracle’s “voice-first” AI EHR aims to differentiate via OCI’s semantic database for “army of AI agents.” KLAS reports mixed Oracle satisfaction but optimism for AI features.

Pharmacist Job Postings Increased 38% Nationwide in 2025

Pharmacist job postings increased 38% nationwide from January through September 2025, according to data released Oct. 9 from the Association of Colleges of Pharmacy. Demand rose in 47 states, with 16 states seeing spikes of 50% or more. California recorded the highest number of postings at 7,943, followed by Texas with 6,223 and Florida with 5,733.

Highlights for pharmacist job postings for third quarter of 2025 include:

– – 27,219 job postings were reported for the third quarter (compared to 19,350 postings for the third quarter 2024);
– – The highest number of postings were for Retail Pharmacist positions (12,645), followed by Clinical Pharmacist positions (5,968), Hospital Pharmacist positions (5,109), the Other Pharmacist Occupations category (2,207), and Pharmacy Director positions (1,290);
– – The highest number of job postings were in the southern part of the country, followed by the midwest, west, and northeast;
– – California had the highest number of job postings (2,641), followed by Texas (2,080), Florida (1,500), New York (1,083), and Ohio (1,052);
– – Puerto Rico (23), Hawaii (58), Wyoming (72), District of Columbia (88), and Vermont (108), had the lowest number of job postings; and
– – The metropolitan statistical areas (MSAs) with the highest number of job postings this quarter were New York-Newark, Los Angeles, and Boston.

There were 129,944 job postings for pharmacy technicians through the third quarter of 2025. Highlights for pharmacy technicians job postings include:

– – 48,553 job postings were reported for the third quarter (compared to 45,309 job postings for the third quarter 2024);
– – The highest number of job postings were in the southern part of the country, followed by the midwest, west, and northeast;
– – Texas had the highest number of job postings (3,544), followed by California (3,301), Florida (2,723), Ohio (2,353), and Illinois (2,269);
– – Alaska (101) and Wyoming (107) had the lowest number of job postings; and
– – New York-Newark, Chicago, and Dallas had the highest number of MSA job postings for the third quarter.

WCAB En Banc Coldiron Decisions Not Superseded by New Regs

Jillian DiFusco filed an Application for Adjudication of Claim in 2010, claiming injury to various body parts on July 21, 2008, while she was employed by Hands On Spa as a massage therapist.

On December 7, 2012, a WCJ awarded applicant home health care services of four hours, twice per week. Defendant was ordered to employ a nurse case manager to manage home health care services.

On July 31, 2017, a WCJ issued a Findings, Orders and Award, in which the WCJ found that applicant sustained injury arising out of and in the course of employment to various body parts; that the injury caused temporary total disability and temporary partial disability for various time periods between 2008 and 2012; that the injury caused permanent partial disability for additional time periods between 2009 and 2014; that the injury caused permanent total disability commencing on September 22, 2013; and that there is need for further medical treatment.

On September 21, 2018, applicant filed a Declaration of Readiness to Proceed alleging that the home health care services that applicant had received since 2013 had been discontinued and requesting that the matter be set for expedited hearing to reinstate these services.

A number of expedited hearings took place culminating on February 17, 2021, when the parties entered into another Stipulation, approved by a WCJ, that required defendant to pay the outstanding invoices from the home health care services agency. With respect to defendant, the typed caption states “Hands On Spa; Insured by Employers Compensation Insurance Company; Administered by Employers Insurance Group.”

On the same day applicant’s attorney requested that defendant’s attorney provide coverage information on the case pursuant to former WCAB Rule 10550 (Cal. Code Regs., tit. 8, § 10550, now repealed) and the Coldiron cases. Coldiron v. Compuware Corp (2002) 67 Cal.Comp.Cases 289 (Appeals Board en banc) [Coldiron I]; Coldiron v. Compuware Corp. (2002) 67 Cal.Comp.Cases 1466 (Appeals Board en banc) [Coldiron II].

Defense attorney declined to provide detailed information stating “there is no legal authority requiring disclosure of the policy limit, the primary and the secondary excess carrier on the claim, the limits of each carrier’s policy, or any stake holder with actual or potential financial responsibility for this claim.”

A Findings of Fact and Order (F&O) issued by a workers’ compensation administrative law judge (WCJ) on April 19, 2022, wherein the WCJ found that in response to applicant’s discovery request, defendant was only required to comply with WCAB Rule 10390 (Cal. Code Regs., tit. 8, § 10390) and disclose the name of the employer’s workers’ compensation insurance carrier.

The WCJ concluded: :This evidentiary record makes clear that the recently promulgated Regulation § 10390 not only repealed Regulation § 10550, but supercedes [sic] Coldiron. It is illogical to believe that the Appeals Board instituted Regulation § 10390 to cause a conflict in the law. The Regulation’s purpose is to simplify and clarify the obligations of defendant to identify the legally responsible entity – not create this current litigation or obfuscate a party’s disclosure obligations.”

Applicant’s petition for reconsideration was granted in the En Banc case of DiFusco v Hands On Spa, Employers-Compensation Insurance Group et.al. -2025-EB-03 (October 2025). The WCAB rescinded the WCJ’s April 19, 2022 F&O and returned this matter to the trial level for further proceedings consistent with this decision.

Applicant contends that the WCJ’s conclusion that WCAB Rule 10390 only requires that a defendant disclose the name of its insurance carrier was too narrow, and that the en banc decisions by the Appeals Board in Coldiron I and II require additional disclosures, including disclosure of a high self-insured retention, a large deductible, or any other provision that affects the identity of the entity liable for compensation.

The WCAB wrote “This case involves the legal question of whether defendant was required to comply with applicant’s February 17, 2021 discovery request to defendant to identify potential insurance carriers, potential insurance policies and their limits, and other potentially liable persons or entities pursuant to the statutory discovery provisions, WCAB Rule 10390, and our en banc decisions in Coldiron I and II.”

We answer this question in the affirmative. In light of our constitutional mandate to accomplish substantial justice, and our statutory mandate under Labor Code section 5500.34 to ensure uniform court procedures, we issue this decision en banc to clarify existing law and to ensure due process and consistency of practice at the trial level.”

“The California Supreme Court explained in People v. Bouzas that in interpreting legislation, “repeal by implication is disfavored…” (People v. Bouzas (1991) 53 Cal.3d 467, 480,” … “The same principle is applicable here: en banc opinions of the Appeals Board are not repealed “by implication” and thus, an en banc opinion cannot be “superseded” by the enactment of a regulation. Again, we emphasize that an en banc opinion issued by the Appeals Board is binding legal precedent, unaffected by the regulatory process, and continues to be binding legal precedent unless the Appeals Board explicitly rescinds it en banc, it is overruled by a higher Court, or it is rendered no longer applicable by legislative changes.”

Read together, WCAB Rules 10390, 10400 and 10401 ensure that all parties, representatives and liable entities are fully identified in each case. Compliance with these rules is important to avoid errors such as misidentification of parties, inadvertent omission of parties from pleadings, and incorrect case captions.” … “The facts of the current case provide a clear example of why the Coldiron disclosure requirements are essential to accomplish our constitutional mandate to achieve substantial justice in all cases.”

Based on its review of the record, and for the reasons discussed in the Opinion, the WCAB held en banc that:

1. All en banc decisions are binding on panels of the Appeals Board and WCJs, and the binding en banc decisions in Coldiron I and Coldiron II require disclosure of any entities liable for payment and any insurance policies that impact liability for payment.
2. Only the Appeals Board is statutorily authorized to issue regulations for adjudication for workers’ compensation proceedings, and WCAB Rules 10390, 10400 and 10401 require that parties, their representatives, and their insurance companies be fully identified.
3. WCAB Rule 10390 does not supersede the Coldiron decisions. Defendants must comply with WCAB Rule 10390 and the disclosure requirements in Coldiron I and II, regardless of whether there is a third-party administrator.

Health Net Settles Inaccurate Provider Directories Case for $40M

The California Attorney General in partnership with the San Diego City Attorney’s Office announced a settlement agreement with HealthNet, LLC, Health Net of California, Inc., California Health and Wellness Plan and Health Net Community Solutions, Inc. (collectively, Health Net), resolving allegations that Health Net used inaccurate mental health and medical provider directories. Inaccurate provider directories mislead the public, who may purchase coverage based on the scope of the network in the directory, only to find they are unable to obtain necessary healthcare because providers are no longer contracted with their plan, providers’ contact information is incorrect, or providers are not taking new patients.

The settlement, which also resolves the 2021 lawsuit filed by the San Diego City Attorney’s Office against Health Net, includes a $12 million monetary payment as well as injunctive terms requiring Health Net to correct inaccuracies and create processes to ensure continued accuracy of its provider directories. These significant changes will require Health Net to invest approximately $28.5 million over six years to implement. Health Net entities sell individual health plans, and administer employer, Medicare, and Medi-Cal health plans for more than three million Californians.

“Under state law, all health insurance companies that do business in California must provide accurate provider directories, and Health Net is no exception. Today’s settlement will result in industry-leading changes – changes that are long overdue and that stand to benefit Californians,” said the California Attorney General. “If the directories are inaccurate, as Health Net’s were, consumers may suffer delays in finding care, or in some cases, may be unable to get vital care altogether. My office will continue to raise the bar for consumers and hold companies to the high standards of service their customers deserve. I want to thank San Diego City Attorney Heather Ferbert for her partnership in this matter.”

The complaint filed in San Diego Superior Court alleges that Defendants committed violations of Business and Professions Code, sections 17200 and 17500, among other statutes. Defendants denied wrongdoing. According to the Settlement Agreement “By entering into this Stipulation, Defendants do not admit any facts or legal claims alleged in the operative Complaint and is settling this matter for the sake of resolution.”

As part of the settlement, Health Net has agreed to:

– – Pay $12 million towards further enforcement of California consumer protection laws against any entity that is violating them.
– – Create automated processes to remove duplicate, unlicensed, or deceased provider entries.
– – Leverage technology, based on data from claims, contracts, utilization, and public databases, to verify the accuracy of providers’ contact information (e.g., name, address, phone numbers) and of representations in each directory entry indicating whether each provider is currently accepting new patients.
– – Identify providers who exclusively provide telehealth services in the directory.
– – Display the date that each provider entry was last updated.
– – Hire a consultant to advise Health Net on making the provider directory easier for consumers to use and providers to update.
– – Operate a 24-hour phone line for customers who need help finding a provider.
– – Promptly, clearly communicate to customers regarding these improvements, as well as customers’ right to coverage should they get out-of-network care in reliance on an inaccurate provider directory entry.

New Automated Employment Decision Systems ( AEDS) Regulations

New regulations, Title 2 CCR 11008 et.seq., promulgated under the California Civil Rights Department’s authority pursuant to AB 331 (the Automated Employment Decision-Making Law), establish requirements to promote fairness, transparency, and accountability in the use of automated tools for employment decisions.

They aim to prevent discrimination by mandating evaluations for adverse impacts on protected groups. These new regulations took effect on October 1, 2025, applying to private employers with 25 or more employees (or independent contractors) who deploy such systems in California. Initial assessments for pre-existing AEDS must be completed by January 1, 2026. CRD will issue FAQs and templates to aid compliance.

The purpose of these new regulations is to ensure automated employment decision systems (AEDS) do not perpetuate or exacerbate discrimination based on protected characteristics (e.g., race, gender, age, disability) in hiring, promotion, termination, or other employment decisions. Employers must conduct regular impact assessments to identify and mitigate biases.

An Automated Employment Decision System (AEDS) is defined as any computational process, including AI, machine learning, or statistical modeling, that analyzes data to make or assist in employment decisions. Excludes tools used solely for payroll, benefits administration, or non-decision-making functions.

Exemptions include Government entities. Use of AEDS for compliance with federal/state laws (e.g., EEO reporting). And temporary or one-time use without ongoing deployment.

Deployers of an AEDS must conduct an annual Impact Assessment for each AEDS, starting with the first deployment after October 1, 2025. Assessments are due by January 1 of the following year for initial use. Required Elements:

– – Description of the AEDS (purpose, data inputs, outputs, decision types).
– – Data analysis for adverse impacts: Compare outcomes across protected groups (e.g., selection rates, pass/fail rates) using statistical tests (e.g., 80% rule or four-fifths rule).
– – Identification of mitigations for any disparities found (e.g., adjusting algorithms, diversifying training data).
– – Notification to affected parties if adverse impact is detected.

The new regulations require Deployers to provide clear and conspicuous notices at least 45 days before deploying an AEDS. These must be provided to Individuals via job postings, application portals, or direct communication, including:

– – That an AEDS will be used.
– – Types of data collected and decisions affected.
– – Right to request accommodations or opt out (if feasible).
– – Contact info for questions.

Penalties include up to $100 per individual (for notice violations) or $200 per employee (for assessment failures). Injunctions my compel corrective actions, and damages for discriminatory outcomes. Willful violations can lead to enhanced penalties under FEHA. However there are Right to Cure provisions. First-time minor violations allow 30 days to correct before penalties are imposed.

New Laws Get Tough on Illegally Uninsured Contractors

Governor Gavin Newsom signed Senate Bill 291 (SB 291) into law on October 7, 2025. Authored by Senator Tim Grayson (D-Orinda), the bill amends provisions in the California Labor Code related to workers’ compensation insurance requirements for contractors, with a focus on enhancing protections against wage theft and ensuring compliance in high-risk industries like construction.

SB 291 Key Provisions

– – Mandatory Insurance Verification: Contractors must maintain active workers’ compensation insurance coverage for all employees, including subcontractors, and provide proof upon request. This builds on existing requirements but introduces stricter verification processes to prevent unlicensed or uninsured operations that often lead to wage theft (e.g., non-payment of injury-related claims).
– – Penalties for Non-Compliance: Increases fines for violations up to $25,000 per incident for repeat offenders, and allows for immediate stop-work orders by the Department of Industrial Relations (DIR). In cases of wage theft tied to uninsured injuries, contractors face treble damages (three times the owed amount) recoverable by affected workers.
– – Construction-Specific Measures: Targets construction contractors by requiring annual audits for projects over $1 million, integrating with the Contractors State License Board (CSLB) to flag violations. This complements AB 1002 by enabling cross-agency enforcement, where wage theft findings can trigger license reviews.
– – Worker Protections: Establishes a streamlined claims process for workers to report suspected insurance lapses, with DIR required to investigate within 30 days. It also expands eligibility for the state’s Uninsured Employers Benefits Trust Fund to cover more construction-related claims.

Governor Newsom also signed Assembly Bill 1002 (AB 1002) into law on October 10, 2025. Authored by Assemblymember Jesse Gabriel (D-Encino) and sponsored by the California Attorney General, this new law targets wage theft by licensed contractors, including those in the construction industry, by empowering the California Department of Justice (DOJ) to seek suspension or revocation of their Contractors State License Board (CSLB) licenses for violations.

AB 1002 Key Provisions

– – Authority for License Actions: The DOJ can now petition the CSLB to revoke or suspend a contractor’s license if they commit wage theft or related labor violations, such as failing to pay wages owed to workers. This applies to serious or repeat offenders and closes a prior loophole that limited enforcement tools.
– – Focus on Wage Theft: Wage theft includes non-payment or underpayment of earned wages, which disproportionately affects construction workers. The law strengthens accountability in the construction sector, where such violations undermine fair competition and worker dignity.
– – Broader Impact: While not exclusive to construction, it directly addresses “bad actor” licensed contractors in industries like construction, where subcontractors often fail to pay workers. It adds to existing remedies, allowing for faster intervention beyond civil penalties.
– – Effective Date: The law takes effect immediately upon signing, with implementation starting in late 2025.

This new law works in tandem with AB 1002 to create a robust framework against wage theft in construction, emphasizing both licensing and insurance accountability.

Retailer to Pay $1.3M for California Consumer Privacy Act Violations

The California Privacy Protection Agency (CPPA) Board has issued a decision based upon the Stipulation of the employer requiring Tractor Supply Company, the nation’s largest rural lifestyle retailer with more than 2,500 stores in 49 states, to change its business practices and pay a $1,350,000 fine to resolve claims that the company violated the California Consumer Privacy Act (CCPA). The fine is the largest in the CPPA’s history, and the decision is the first to address the importance of CCPA privacy notices and privacy rights of job applicants.

Tractor Supply Company is, a Delaware corporation with its principal place of business at 5401 Virginia Way, Brentwood, TN 37027. It is a for-profit corporation that describes itself as the nation’s largest rural lifestyle retailer. Tractor Supply has a large presence in California as farmers, ranchers, and agricultural workers form an important component of the state’s fabric and economy. Tractor Supply operates more than 85 brick-and-mortar stores across California, as well as a website and mobile application for online purchases.

In 2018, the Legislature took action to protect Californians’ privacy in the digital age by enacting the California Consumer Privacy Act (“CCPA”), Civ. Code §§ 1798.100–1798.199.100. The CCPA gives consumers certain rights with regard to their personal information, such as the right to know what personal information businesses collect from them, the right to stop businesses from selling their personal information, and the right to have it deleted.

In November 2020, California voters approved Proposition 24 with the aim of giving consumers more control over how businesses collect, use, share, and profit from their personal information. Prop. 24 strengthened the CCPA and established the Agency as an “independent watchdog” to “vigorously enforce the law,” recognizing that the unauthorized use and sharing of personal information creates a “heightened risk of harm” for consumers. Prop. 24, § 3(L) (2020).

The CPPA opened an investigation into Tractor Supply’s privacy practices after receiving a complaint from a consumer in Placerville, California. Tractor Supply produced thousands of pages of documents, answered the Agency’s questions, met with the Agency numerous times, and has remediated most of the issues described in the Stipulation. According to the Board’s decision, Tractor Supply violated Californians’ privacy rights by:

– – Failing to maintain a privacy policy that notified consumers of their rights;
– – Failing to notify California job applicants of their privacy rights and how to exercise them;
– – Failing to provide consumers with an effective mechanism to opt-out of the selling and sharing of their personal information, including through opt-out preference signals such as Global Privacy Control; and
– – Disclosing personal information to other companies without entering into contracts that contain privacy protections.

To resolve the allegations, Tractor Supply agreed to pay $1,350,000, implement broad remedial measures, such as scanning its digital properties to inventory tracking technologies, and require a corporate officer or director to certify compliance annually for the next four years.

The Board’s decision underscores the need for businesses to review their privacy notices and opt-out mechanisms, as well as the need for businesses to protect the privacy of their job applicants, not just their customers. Since 2023, job applicants, employees, and independent contractors have been afforded greater privacy protections.

The Board’s decision follows on the heels of a separate court case brought against Tractor Supply last month to enforce an investigative subpoena. With today’s resolution, the CPPA’s Enforcement Division will be discontinuing that litigation.

The CPPA’s Recent Enforcement Actions to Protect Californians The CPPA continues to actively enforce California’s cutting-edge privacy laws. Recent actions include:

– – Issuing a decision requiring clothing retailer Todd Snyder to change its business practices and pay a $345,178 fine for CCPA violations.
– – Issuing a decision requiring American Honda Motor Co. to change its business practices and pay a $632,500 fine for CCPA violations.
– – Securing a settlement agreement requiring data broker Background Alert — which promoted its ability to dig up “scary” amounts of information about people — to shut down or pay a steep fine.
– – Launching the bipartisan Consortium of Privacy Regulators to collaborate with states across the country to implement and enforce privacy laws nationwide.
– – Partnering with the data protection authorities in Korea, France, and the United Kingdom to share information and advance privacy protections for Californians.

In addition, the agency has secured more than half a dozen successful enforcement actions against unregistered data brokers following an investigative sweep launched late last year to assess compliance with the Delete Act.

The California Delete Act (SB 362) is a state law designed to enhance data privacy for California residents. It establishes a one-click mechanism for consumers to request that registered data brokers delete their personal information. The Act requires data brokers to register with the California Privacy Protection Agency, which will enforce compliance. This legislation builds upon previous privacy laws, such as the California Consumer Privacy Act, and aims to create a centralized deletion platform for easier consumer access to their data rights.

Employer Has No Right to Arbitrate Headless PAGA Action

In February 2018, plaintiff Tricia Galarsa sued her former employer, Dolgen California, LLC (Dollar General), to recover civil penalties under PAGA for various Labor Code violations suffered by her or by other employees. The facts and procedural history set forth in the 2023 published case of Galarsa v Dolgen California, 88 Cal.App.5th 639, 305 Cal.Rptr.3d 15 were not recounted by the Court of Appeal in this 2025 opinion in the same case.

After Galarsa (2023), supra, 88 Cal.App.5th 639, was issued, the California Supreme Court granted Dollar General’s petition for review and deferred briefing pending its decision in Adolph v. Uber Technologies, Inc. (2023) 14 Cal.5th 1104 (Adolph). In September 2023, after Adolph was issued, the Supreme Court dismissed the petition for review. As a result, the clerk of this court issued a remittitur and this matter was returned to the trial court to implement our decision in Galarsa, supra, 88 Cal.App.5th 639.

In Galarsa (2023) the following was defined. “Type A/individual PAGA claim” refers to a PAGA claim seeking a civil penalty based on a Labor Code violation suffered by the plaintiff. (See Galarsa v. Dolgen California, LLC (2023) 88 Cal.App.5th 639, 648 (Galarsa) [“Type A” claim defined].) “Type O/nonindividual PAGA claim” refers to a PAGA claim seeking a civil penalty assessed on a Labor Code violation suffered by an employee other than the plaintiff. (See Galarsa, supra, 88 Cal.App.5th at p. 649 [“Type O” claim defined].)

That decision partially reversed the order denying Dollar General’s motion to compel arbitration and directed the trial court to issue a new order granting the motion to compel as to the Type A/individual PAGA claims. (Galarsa, supra, 88 Cal.App.5th at p. 655.) The denial of arbitration was affirmed as to the Type O/nonindividual PAGA claims and those claims were allowed to be pursued in court. (Ibid.) The Court of Appeal did not address whether the trial court should stay the litigation on the Type O/nonindividual PAGA claims pending the completion of the arbitration.

In October 2024, Dollar General filed a renewed motion to compel arbitration and to stay proceedings on the Type O/nonindividual PAGA claims. On November 22, 2024, the trial court held a hearing on the pending motion to compel arbitration and the demurrer. The court determined arbitration was not a mandatory first step for a plaintiff seeking to pursue only Type O/nonindividual PAGA claims. As a result, it denied the motion to compel arbitration. It also overruled the demurrer. A few days later, Dollar General filed a notice of appeal from the order denying its motion to compel arbitration.

The Court of Appeal affirmed the trial court in its 2025 published decision in Galarsa (II) v. Dolgen California -F089004 (October 2025).

In this consolidated appeal and writ proceeding, we address two questions involving the Labor Code Private Attorneys General Act of 2004 (PAGA; Lab. Code,1 § 2698 et seq.). The first question is whether the version of PAGA in effect from mid-2016 to mid-2024 authorized an aggrieved employee to bring a PAGA action that seeks to recover civil penalties imposed for Labor Code violations suffered only by other employees. Such lawsuits are sometimes referred to as “headless” PAGA actions because the plaintiff employee has chosen not to pursue civil penalties for violations he or she suffered personally. (CRST Expedited, Inc. v. Superior Court (2025) 112 Cal.App.5th 872, 882 (CRST Expedited).) We again conclude such PAGA actions were allowed. (Ibid.)”

The second question arises only if headless PAGA actions were allowed and involves standing to pursue the PAGA action as the representative of the Labor and Workforce Development Agency (LWDA). To have standing, a PAGA plaintiff must be an “aggrieved employee.” (See § 2699, former subd. (c) [definition of aggrieved employee].) The question is whether the plaintiff employee’s status as aggrieved employee is a separate dispute that must be resolved in arbitration before the headless PAGA action proceeds in court.”

This question does not appear to have been decided by a California appellate court since the United States Supreme Court decided Viking River Cruises, Inc. v. Moriana (2022) 596 U.S. 639 (Viking River).”

“We conclude the parties’ agreement to arbitrate certain disputes does not encompass the issue of plaintiff’s status as an aggrieved employee because that dispute is one the plaintiff’s principal, Labor and Workforce Development Agency (LWDA), has against the employer.”

“We therefore deny the employer’s petition for a writ of mandate challenging the trial court’s order overruling its demurrer to the headless PAGA action and affirm the order denying the employer’s motion to compel arbitration of the standing issue.”