Guinan

*629 MEMORANDUM *

Pete Guinan appeals the district court’s order dismissing his complaint against Dean Foods of California, Inc. We have jurisdiction under 28 U.S.C. § 1291 , and we review the district court’s dismissal de novo. See Radici v. Associated Ins. Co.s, 217 F.3d 737, 740 (9th Cir.2000). We affirm the judgment as to Counts Two, Three and Five and vacate the judgment with respect to Counts One and Four.

I

Guinan’s claims under the California Unfair Competition Statute and the California Labor Code (Counts Two and Three) both relate to whether he was properly required to work “off-the-clock.” He contends that some wage claims are independent of the collective bargaining agreement, see, e.g., Balcorta v. Twentieth Century-Fox Film Corp., 208 F.3d 1102 (9th Cir.2000), but his claim is quite different from Balcorta where only the timing of receipt of, not entitlement to, wages was at issue. Here, as the district court concluded, what constitutes compensatory work is “substantially dependent on an interpretation of [the] collective bargaining agreement.” Beals v. Kiewit Pacific Co., 114 F.3d 892, 894 (9th Cir.1997) (citing Caterpillar Inc. v. Williams, 482 U.S. 386, 394 ,…