Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Jose F. andino v. Kaiser Foundation Hospitals

November 23, 2011

JOSE F. ANDINO, PLAINTIFF,
v.
KAISER FOUNDATION HOSPITALS, DEFENDANT.



The opinion of the court was delivered by: Claudia Wilken United States District Judge

ORDER GRANTING MOTION FOR REMAND

INTRODUCTION

Plaintiff Jose F. Andino brings eight causes of action against Defendant Kaiser Foundation Hospitals based on allegations 14 that Defendant failed to pay overtime wages, provide second meal 15 periods for shifts greater than twelve hours or pay additional 16 wages in lieu of those meal periods, provide itemized wage 17 statements, and timely pay wages upon termination. Plaintiff 18 further alleges that Defendant engaged in unfair competition by 19 failing to pay those wages. Defendant removed the case to federal 20 court and Plaintiff moves for remand. Defendant opposes the 21 motion, and Plaintiff has filed a reply to the opposition. For 22 the reasons stated below, Plaintiff's motion for remand to state 23 court is GRANTED. 24

BACKGROUND

Plaintiff was employed by Defendant, pursuant to a collective bargaining agreement (CBA), as a patient transporter aide from May 2008 through March 2011.
Plaintiff alleges he was underpaid for shifts when he worked more than eight hours, both when his shifts started and ended on 3 the same calendar day and when the shifts started on one calendar 4 day and extended into the next. He brought eight causes of action 5 in Alameda County Superior Court: (1) underpayment of wages based 6 on alleged improper rounding methodologies that used fractions of 7 hours; (2) failure to pay all overtime wages; (3) failure to pay 8 overtime wages when an eight hour shift begins on one calendar day 9 continues into the next; (4) failure to provide meal periods or 10 pay in lieu thereof; (5) failure to provide accurate wage 11 statements; (6) failure to pay wages owed at termination; (7) violation of California Business and Professions Code sections 13 17200 et. seq. Plaintiff's eighth listed cause of action claims

14 statutory damages for the preceding seven claims. 15

The CBA is between Defendant, its affiliated groups, and SEIU United Healthcare Workers West. It provides that Defendant's 17

Northern California employees shall be paid at the rate of time 18 and one-half "for all hours of work performed in excess of eight 19 (8) hours in any one work day and/or for all hours worked in 20 excess of forty (40) within the work week." Ex. A, Art. XII, 21 § 1(C). The preceding subsection of the CBA defines the term 22 "payroll week" as the "seven (7) day period beginning at 12:01 23 a.m., Sunday, or at the shift changing hour nearest that time," 24 and it defines the term "payroll day" as "a twenty-four (24) hour 25 period, beginning at the same time each Payroll Day as the Payroll 26 Week begins." Ex. A, Art. XII, § 2(B). 27 28

Defendant opposes the motion to remand based on the argument 2 that federal law preempts Plaintiff's third, fifth, sixth, and 3 seventh causes of action. 4

DISCUSSION

I. Legal Standard 6

A defendant may remove a civil action filed in state court to 7 federal district court so long as the district court could have 8 exercised original jurisdiction over the matter. 28 U.S.C. 9 § 1441(a). Title 28 U.S.C. section 1447(c) provides that if, at 10 any time before judgment, it appears that the district court lacks subject matter jurisdiction over a case previously removed from state court, the case must be remanded. On a motion to remand, 13 the scope of the removal statute must be strictly construed. Gaus 14 v. Miles, Inc., 980 F.2d 564, 566 (9th Cir. 1992). ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.