· 4/12/2000
Philip Williamson Itzik Riefronda Kirlin Thomas Painter,plaintiffs-Appellants v. General Dynamics Corporation,opinion
Citations
- 208 F.3d 1144
- 2000 Cal. Daily Op. Serv. 2799
- 2000 Daily Journal DAR 3841
- 6 Wage & Hour Cas.2d (BNA) 8
- 2000 U.S. App. LEXIS 6640
- 2000 WL 369682
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that there is no field preemption in the FLSA because of the savings clause
- noting that the FLSA “prohibits employers from retaliating against employees for filing complaints about violations” of the statute
- addressing the similar question of whether plaintiffs common law fraud claim was preempted by the FLSA, and focusing on whether conflict preemption applied
- “Kendall is not a case about federal preemption of state law; rather, it is about whether another federal statute (Section 1983) can support a claim that clearly falls under the FLSA.”
- “Claims that are directly covered by the FLSA (such as 28 overtime and retaliation disputes) must be brought under the FLSA.”
- cit- ing Witkin, Summary of California Law §§ 676-77, at 778-79 (9th ed. 1998)
Source: CourtListener parenthetical corpus (CC0).
Judges: Nelson, Boochever
Read full opinion on CourtListenerSourced 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.