Rodriguez

Rodriguez v. Gonsalves & Santucci, Inc.

Good Law
United States District Court, Northern District of CaliforniaAugust 23, 20223:21-cv-07874California4,312 words

Opinion

Trial Court Opinion

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

Plaintiff, ORDER DENYING MOTION TO

DISMISS SECOND AMENDED

v. COMPLAINT AND REMANDING

CASE

GONSALVES & SANTUCCI, INC., Re: ECF No. 59 Defendant. 16 INTRODUCTION In this putative class action, the plaintiff — a construction worker — sued his former employer in state court, claiming that employees routinely were not compensated for tasks that they had to complete before clocking in at the beginning of the day and after clocking out at the end of the day. This meant that the plaintiffs were not paid the minimum wage, did not receive accurate wage statements, and were not paid all wages due on termination.1 The defendant removed the case to federal court, asserting federal-question jurisdiction on the ground that § 301 of the Labor Management Relations Act (LMRA) preempts the claims.2 The court…

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