A federal appeals court upheld the remand to state court of wage-and-hour and retaliation claims by a putative class of union-represented employees at Sunsweet Growers Inc., ruling that the alleged violations aren’t preempted.
The US Court of Appeals for the Ninth Circuit granted Annamarie Renteria-Hinojosa’s bid to reject the dry fruits manufacturer’s argument that Section 301 of the Labor Management Relations Act preempts the state law claims concerning overtime pay, sick leave, and meal and work breaks, and shouldn’t be remanded to California Superior Court. The LMRA provides federal courts with jurisdiction to hear suits for violation of contracts between ...