Valles v. Ivy Hill Corp., 410 F.3d 1071 (9th Cir. 2005)
David Valles and John Breslin sued their employer, the Ivy Hill Corporation, for failing to provide them and other unionized employees with adequate meal periods and rest breaks in violation of the California Labor Code and the applicable wage regulations. In response to the lawsuit, Ivy Hill removed the action to federal court on the ground that the state law claims were preempted by Section 301 of the Labor Management Relations Act. The district court denied the employees’ motion to remand the action and granted summary judgment to Ivy Hill. The Ninth Circuit reversed, holding that the employees’ claims were not completely preempted by federal labor law since the state law right to meal periods applies to unionized as well as non-unionized employees and because such rights are non-negotiable. The Court remanded the matter and ordered the district court to remand the action to state court.