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Meghan Silva sues Medic Ambulance Service for violating labor laws and the EAESPA

NORTHERN CALIFORNIA RECORD

Thursday, November 28, 2024

Meghan Silva sues Medic Ambulance Service for violating labor laws and the EAESPA

State Court
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In the case of Meghan Silva et al. v. Medic Ambulance Service, Inc., filed in the Court of Appeal of the State of California, First Appellate District, Division One, under case ID A167098 on April 4th, 2024, plaintiff Meghan Silva has alleged that Medic Ambulance Service violated labor laws by requiring employees to remain on call during their rest breaks. The defendant's actions are said to be in violation of the Emergency Ambulance Employee Safety and Preparedness Act (EAESPA) and Labor Code § 880 et seq., which mandates that emergency ambulance employees "shall remain reachable" throughout their work shift.

Silva's counsel expressed their intention to appeal to the First District for a decision that disagreed with Calleros v. Rural Metro of San Diego, Inc., where retroactive application of EAESPA was deemed constitutional. In response, Medic filed a motion for judgment on the pleadings (MJOP) and a motion for sanctions.

The trial court granted MJOP and imposed a $2,000 sanction against Silva’s counsel. Silva and her counsel have now appealed this decision, renewing their argument that Calleros was wrongly decided and contending that the trial court abused its discretion in imposing sanctions.

Silva is seeking judgment against Medic Ambulance Service for violating labor laws and the EAESPA by requiring employees to remain on call during rest breaks. She is also contesting the $2,000 sanction imposed against her counsel by the trial court.

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