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McCRAY v. MARRIOTT HOTEL SERVICES, INC.

No. 17-15767.

902 F.3d 1005 (2018)

Ian MCCRAY, an individual, and on behalf of himself, and on behalf of all other persons similarly situated, Plaintiff-Appellant, v. MARRIOTT HOTEL SERVICES, INC., a Delaware corporation; SJMEC, Inc., a California corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 31, 2018.

Attorney(s) appearing for the Case

James L. Pagano (argued) and Ian A. Kass , Pagano & Kass APC, San Jose, California, for Plaintiff-Appellant.

William J. Dritsas (argued), Seyfarth Shaw LLP, San Francisco, California; Michael W. Kopp , Seyfarth Shaw LLP, Sacramento, California; for Defendants-Appellees.

Paul L. More , McCracken Stemerman & Holsberry LLP, San Francisco, California, for Amicus Curiae Unite Here Local 19.

Dissent by Judge Schroeder.

OPINION

When the City of San Jose enacted an ordinance that established a minimum wage of $10/hour, the San Jose Marriott Hotel continued to pay Ian McCray and other employees less. It turned out that McCray's union had negotiated with Marriott and agreed to waive the ordinance...

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