Rodriguez

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA San Francisco Division ELMER N. RODRIGUEZ, Case No. 21-cv-07874-LB

Plaintiff, ORDER GRANTING MOTION TO

DISMISS THE AMENDED

v. COMPLAINT

GONSALVES & SANTUCCI, INC., Re: ECF No. 34 Defendant. 16 INTRODUCTION In this putative class action, the plaintiff — a construction worker — sued his former employer in state court, claiming that employees routinely worked overtime hours, generally because they were not compensated for tasks that they had to complete before clocking in at the beginning of the day and after clocking off at the end of the day. This meant that the plaintiffs were not paid minimum wage and did not receive accurate wage statements. The court previously dismissed an earlier complaint on the ground that § 201 of the Labor Management Relations Act preempted the claims because they either (1) involve rights conferred directly by the parties’…