· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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