Ward

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

6 7 CHARLES E. WARD, Plaintiff, No. C 15-02309 WHA v. UNITED AIRLINES, INC., ORDER RE MOTION TO MODIFY

CLASS DEFINITION ON REMAND

Defendant. 13 This case returns after a trip to our court of appeals and the California Supreme Court. Prior orders detailed the facts (Dkt. No. 78). In brief, United Airlines has paid its pilot using wage statements that plaintiff alleges do not comply with California Labor Code Section 226. We previously certified a class of United pilots who live in California and pay California income taxes (Dkt. No. 44). Then, our summary judgment order found for defendant on the grounds that (1) these pilots did not work primarily in California and (2) applying Section 226 to this class would violate the dormant commerce clause. Defendant appealed. Our court of appeals certified two questions to this state’s supreme court. The first asked whether Section 226 applies to pilots who entered a collective bargaining agreement…