Melendez

Melendez v. San Francisco Baseball Assocs. LLC

Good Law
16 Cal. App. 5th 339·2017 Cal. App. LEXIS 899·224 Cal. Rptr. 3d 285
Court of Appeal of CaliforniaOctober 17, 2017A149482California3,250 words

Opinion

lead Opinion

Pollak, J.

*341 Defendant San Francisco Baseball Associates LLC (the Giants) 1 appeals from the denial of its motion to compel arbitration of the wage and hour claims of plaintiff George Melendez. 2 Plaintiff, a security guard employed by the Giants at AT&T Park, contends that he and other security guards were employed "intermittingly" for specific job assignments (baseball games or other events) and were discharged "at the end of a homestand, at the end of a baseball season, at the end of an inter-season event like a fan fest, college football game, a concert, a series of shows, or other events," and that therefore under Labor Code section 201 were entitled to but did not receive immediate payment of their final wages upon each such "discharge." The Giants contend that payment immediately after each such event is not required because under the terms of the collective bargaining agreement (CBA) between the Giants and the Service Employees International Union, United Service Workers West of San Francisco (the union), Melendez and all such security guards are not intermittent employees but are "year-round employees who remain employed with the Giants until they resign or are terminated…

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