Tolentino

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

RONALD TOLENTINO, Case No. 23-cv-02062-VC

Plaintiff,

ORDER GRANTING MOTION FOR

v. JUDGMENT ON THE PLEADINGS

ON FEDERAL CLAIM; REMANDING

GILLIG, LLC, STATE LAW CLAIMS

Defendant. Re: Dkt. No.

Gillig’s motion for judgment on the pleadings is granted. This order assumes the reader’s familiarity with the factual allegations, the relevant legal standards, and the parties’ arguments. Tolentino seeks to recover allegedly unpaid minimum wage for time worked before his “scheduled starting time.” See Dkt. No. 20 at 3. But the Collective Bargaining Agreement defines “[w]ork performed before the regular starting time” as overtime that “shall be paid for at the rate of one and one-half time the straight-time hourly rate.” Dkt. No. 1 at 134. Gillig thus contends that Tolentino’s claim for unpaid minimum wage is really a section 301 claim for overtime wages under the Agreement. Tolentino argues that his “regular starting time” is not the same as his “scheduled starting time,” because he regularly clocked in 10 minutes early, and so his claim is not an…