Sciborski

Annie Sciborski sued her former employer, Pacific Bell Directory (Pacific Bell), challenging Pacific Bell’s actions in deducting approximately $19,000 from her wages to recover a $36,000 sales commission paid to her. After a three-day trial, a jury found Pacific Bell’s wage deductions violated Labor Code section 221 and resulted in Sciborski’s constructive discharge in violation of public policy. The jury awarded Sciborski $36,000 in lost earnings, but found Sciborski did not prove her claimed future economic loss and emotional distress damages. The court awarded Sciborski attorney fees based on her prevailing on the Labor Code section 221 claim.

Pacific Bell appeals, contending Sciborski’s claims were preempted by federal law under section 301 of the Labor-Management Relations Act, 1947 (section 301). ( 29 U.S.C. § 185 .) Pacific Bell maintains Sciborski’s claims are preempted because she was a union member governed by a collective bargaining agreement and a consideration of her claims required the court to interpret this agreement. We reject this contention. Sciborski’s claims are not preempted because they arose from independent state law and did not require the…