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· 6/6/2005

David Valles John Breslin, and Members of the General Public Similarly Situated v. Ivy Hill Corporation

Citations

  • 410 F.3d 1071
  • 10 Wage & Hour Cas.2d (BNA) 1088
  • 177 L.R.R.M. (BNA) 2475
  • 2005 U.S. App. LEXIS 10408
  • 2005 WL 1322949

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • recognizing that we “begin” § 301 preemption analysis “with an examination of California statutes, regulations, and case law”
  • holding that the plaintiffs state law claim for meal periods was not preempted by the LMRA because “the construction of the collective bargaining agreement [was] simply not involved”
  • explaining that “any provision of the collective bargaining agreement purporting to waive the right to meal periods would be of no force or effect” because “[t]he right in question is plainly nonnegotiable”
  • holding claim was not preempted where it was based on a statutorily guaranteed right to work-free meal periods even though the CBA purported to waive the right to work-free meal periods
  • holding claim was not preempted where it was based on a statutorily guaranteed right to work-free meal periods- even though the CBA- purported to waive the right to work-free meal periods
  • discussing the preemption of state-law claims brought to enforce 28 collective bargaining agreements without an independent state-law right

Source: CourtListener parenthetical corpus (CC0).

Judges: Reinhardt, Hall, Wardlaw

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.