EMPLOYER DETERRENCE OR DISCOURAGEMENT – In General; Standards
Single Topic for Decision 2755H
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410.01000 – In General; Standards
PEDD section 3550 is not subject to the free speech safe harbor limitations of HEERA section 3571.3 because it does not duplicate the interference standard. (p. 28.) By the plain language of the statutes, section 3550 is not limited by section 3571.3. (p. 29.) Because the PEDD is in its own chapter separate from HEERA, section 3571.3 by its plain terms does not apply to conduct subject to section 3550. (p.30.) This interpretation is also supported by the overall statutory framework, precedent, legislative history, and longstanding labor law principles.