David Valles John Breslin, and Members of the General Public Similarly Situated v. Ivy Hill Corporation

Good Law
410 F.3d 1071·2005 WL 1322949·10 Wage & Hour Cas.2d (BNA) 1088·177 L.R.R.M. (BNA) 2475·2005 U.S. App. LEXIS 10408
United States Court of Appeals for the Ninth CircuitJune 6, 200503-55440California5,423 words

Opinion

Opinion

Reinhardt, J.

David Valles and John Breslin sued their employer, the'Ivy Hill Corporation, for failing to provide them and other' unionized employees with adequate meal periods and rest breaks in violation of California’s Labor Code and wage regulations. Ivy Hill removed the action to federal court on the ground that the meal period claims were “completely preempted” by federal labor law. The district court denied the employees’ motion to remand to state court and granted summary judgment in favor of Ivy Hill. Valles and Breslin appeal. We reverse.

I. BACKGROUND

Ivy Hill has been operating, a Los Angeles, printing facility since 1966. Since that time, its employees have been represented by the Graphic Communications International Union, Local 404 (or a predecessor union). The terms and conditions of employment are governed by a collective bargaining agreement, which does not address rest breaks' but includes two provisions regarding meal periods: One mandates non-working meal periods and the other provides for time and a half payment in the event an employee must work during a regularly scheduled meal period. Despite this contract language, from the time that the printing facility opened…

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