Justin Bartlett v. All American Asphalt

I. BACKGROUND

On June 11, 2020, Plaintiff filed his Complaint against Defendant All American Asphalt in the Superior Court of the State of California for the County of Riverside. (“Complaint,” Dkt. No. 1-1.) The Complaint alleges thirteen causes of action: (1) associational discrimination; (2) associational harassment; (3) hostile work environment; (4) discrimination based on race; (5) retaliation; (6) failure to prevent harassment, discrimination and retaliation; (7) violation of California Labor Code § 6310; (8) violation of California Labor Code § 6311; (9) violation of California Labor Code § 1102.5; (10) violation of California Labor Code § 98.6; (11) wrongful termination in violation of public policy; (12) violation of California Labor Code § 204; and (13) failure to provide accurate wage statements. (Compl. ¶¶ 43-136.) On July 21, 2020, Defendant removed the action to federal court, arguing that Plaintiff’s claims arise under a Collective Bargaining Agreement and the case is thus removable pursuant to Section 301 of the Labor Management Relations Act (“LMRA”), 29 U.S.C. § 185. (“Notice of Removal,” Dkt. No. 1.)

Defendant filed the Motion for Judgment on the Pleadings…