Fite

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

GLENN FITE, et al., No. 2:21-CV-01633-DJC-AC

Plaintiffs, v. ORDER SYSCO SACRAMENTO, INC., et al., 14 Defendants.

Plaintiffs bring this action against their former employer alleging Defendant’s

policies caused them to forgo legally mandated meal and rest breaks without

compensation. Plaintiffs allege various claims under the California Labor Code arising

from this unpaid off-the-clock work. Defendant now seeks judgment on the

pleadings, arguing Plaintiffs’ claims are preempted under section 301 of the Labor

Management Rela tions Act (“LMRA”) because they challenge, invoke, and require interpretation of a Collective Bargaining Agreement (“CBA”) that governed the terms of Plaintiffs’ employment. Defendant argues Plaintiffs’ claims must be dismissed as they have not yet exhausted the grievance procedures for these claims in the CBA. As discussed further below, the Court finds that Plaintiffs’ claims do not…