Balcorta

Balcorta v. Twentieth Century-Fox Film Corp.

Good Law
2000 Daily Journal DAR 3623·208 F.3d 1102·2000 WL 350562·164 L.R.R.M. (BNA) 2071·5 Wage & Hour Cas.2d (BNA) 1835
United States Court of Appeals for the Ninth CircuitApril 6, 2000No. 98-56547California5,028 words

Opinion

Lead Opinion

Reinhardt, J.

The plaintiff, David Balcorta, sued his employer, Twentieth Century Fox Film Corporation, in state court for violations of a California wage law. Fox removed the ease to federal court on the ground that the claims were “completely preempted” by federal labor law. It then moved for summary judgment, and Balcorta moved to remand the case to state court. The district court granted Balcorta’s motion and awarded him attorney’s fees. Fox was precluded from appealing the remand order, but it appealed the award of fees. We affirm.

I. BACKGROUND

During the time relevant to the present dispute, Balcorta worked in the film industry as an electrical rigger. The unique circumstances of the motion picture industry result in studios often employing electrical riggers and other industry technicians for very short periods of time— sometimes for only a few days. To govern the conditions of employment in these unusual circumstances, the Alliance of Motion Picture & Television Producers has entered into a master collective bargaining agreement with the International Alliance of Theatrical Stage Employees and the Moving Pictures Technicians, Artists and Allied Crafts of the United States and Canada.…

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