Outside the Clause, But Heading for Arb Nonetheless

Melendez v. S.F. Baseball Assocs. LLC, No. A149482 (D1d3 Oct. 17, 2017)

Security guards at AT&T Park bring a wage and hour case against the SF Giants. Plaintiffs, who are less than full time workers, are not consistently employed by the Giants. So their theory is that they are periodically “discharged,” and thus entitled to immediate payment of their wages under Labor Code § 701. There is a complication, however, because Plaintiffs are members of the SEIU and parties to a collective bargaining agreement. The Giants move to dismiss because the claim is preempted by the Labor Management Relations Act, or in the alternative, to compel arbitration under the terms of the CBA.