preemption

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Gregory v. SCIE, LLC, 317 F.3d 1050 (9th Cir. 2003)

Rodney Gregory, a member of Local 44 of the IATSE union, filed an action in state court alleging a violation of the California Labor Code and Wage Orders for SCIE’s failure to pay him premium wage rates for overtime work he had performed. SCIE removed the action to federal court on the ground that…

Bui v. AT&T, 310 F.3d 1143 (9th Cir. 2002)

Nga Bui brought this action on behalf of her deceased husband’s estate against various parties, including his former employers, AT&T and Lucent Technologies. Bui’s husband, Hung M. Duong, died at Erfan Hospital in Jeddah, Saudi Arabia, after undergoing two unsuccessful operations and suffering two myocardial infarctions. In the week before his death, Duong had to…

Humble v. Boeing Co., 305 F.3d 1004 (9th Cir. 2002)

Su Humble, a union member who was employed as a fabrication bench mechanic for Boeing, suffered an on-the-job injury to her shoulder. After taking a series of medical leaves of absence over the course of approximately 15 months, Humble was told that there were no lightduty positions available to accommodate her alleged disability when…

Stewart v. U.S. Bancorp, 297 F.3d 953 (9th Cir. 2002)

The employees in this case sued their employer for breach of contract and violation of the Oregon wage law when they were given eight weeks’ severance pay instead of the 12 months’ severance that was provided to “middle management.” The employer removed the case to federal court and moved to dismiss it, asserting that…