Rodriguez

Rodriguez v. Gonsalves & Santucci, Inc.

Good Law
United States District Court, Northern District of CaliforniaJanuary 18, 20223:21-cv-07874California4,120 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA San Francisco Division ELMER N. RODRIGUEZ, an individual Case No. 21-cv-07874-LB and on behalf of others similarly situated, ORDER DISMISSING CASE AND Plaintiff, DENYING MOTION TO REMAND 13 v. Re: ECF Nos. 13, 16

GONSALVES & SANTUCCI, INC.,

15 Defendant. 16 INTRODUCTION In this putative class action, the plaintiff — a construction worker — sued his former employer in state court, claiming violations of California wage-and-hours laws governing overtime pay, minimum wage, meal-and-rest breaks, payment of wages on termination, accurate wage statements, reimbursement of expenses, and vacation pay.1 The defendant-employer removed the case to federal court and then moved to dismiss on the grounds that § 201 of the Labor Management Relations Act (LMRA) preempted the claims because they either (1) involve rights conferred directly by the parties’ collective-bargaining agreement (CBA) or…

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