FIRESTONE v. SOUTHERN CALIFORNIA GAS CO.

No. 98-56468.

219 F.3d 1063 (2000)

Samuel FIRESTONE; Calvin Miyashiro; Jack Putnam; Brian Frazen, individually and on behalf of all other present and former employees similarly situated, Plaintiffs-Appellants, v. SOUTHERN CALIFORNIA GAS COMPANY, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed July 19, 2000.


Attorney(s) appearing for the Case

Robert A. Cantore, Gilbert & Sackman, Los Angeles, California, for the plaintiffs-appellants.

David B. Reeves, Los Angeles, California, for the defendant-appellee.

Before: SCHROEDER, BEEZER, and GRABER, Circuit Judges.


SCHROEDER, Circuit Judge:

This is a suit for overtime compensation under both federal and California fair labor provisions. The most significant issue on appeal is whether plaintiffs' state law claim for time-and-a-half of their regular hourly rate for all hours worked beyond eight in a day and forty in a week is preempted by section 301 of the Labor Management Relations Act (LMRA), 29 U.S.C. § 185(a). On the merits, the employer argues that the claim is foreclosed...

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