Steve Landy v. Pettigrew Crewing, Inc.

I. INTRODUCTION

On July 15, 2019, Steve Landy (“Plaintiff”) filed a Complaint in Los Angeles Superior Court against Pettigrew Crewing, Inc. (“Defendant”). Plaintiff alleges failure to timely pay wages under California Labor Code § 204 and failure to provide adequate wage statements under California Labor Code § 226. Plaintiff seeks damages for both claims under the California Private Attorneys General Act (“PAGA”), as well as penalties under § 226 specifically. See Cal. Lab. Code § 2698, et seq; Cal. Lab. Code § 226(e). On August 28, 2019, Defendant removed this action to federal court based on federal question jurisdiction under § 301 of the Labor Relations Management Act (“LMRA”), 29 U.S.C. § 185. Defendant argues in its Notice of Removal that because the parties agreed to modified pay periods pursuant to a Collective Bargainmg Agreement (“CBA”), and CBA’s are regulated exclusively by Federal Law, Plaintiff’s claim for failure to timely pay wages under § 204 is preempted. Defendant further argues that the Court should exercise supplemental jurisdiction over Plaintiff's wage statement claims under § 226. For the following reasons, the Court DENIES Plaintiff's…