Levy

Robert M. Levy appeals from a summary judgment in favor of his employer, Skywalker Sound, a limited liability corporation. We agree with the trial court that the force of federal labor law is with Skywalker Sound, and that all of Levy’s claims are preempted. We also conclude that the trial court’s denial of Levy’s motion to amend his complaint to conform to proof was not an abuse of discretion, and in any event did not prejudice Levy, because his proposed amendment would not have cured the preemption problem. Accordingly, we affirm.

I.

Factual and Procedural History

Skywalker Sound operates an audio recording facility in Marin County, referred to by the parties as the scoring stage, that is primarily used by third parties to produce music CD’s. The scoring stage is also used a small portion of the time by Skywalker Sound’s affiliated companies to produce music for film soundtracks. Skywalker Sound also operates facilities other than the scoring stage that are used to produce film and video soundtracks.

Levy is an experienced audio recording engineer. In November 1995, Levy was asked to come to Skywalker Sound on a short-term, emergency basis to help out with the…