BUSINESS BRIEF:

QUARTERLY EMPLOYMENT LAW

UPDATES

Must Trial Courts Order Certain Union Employees to Arbitrate Their Claims for Unpaid Wages Upon Termination? 

SUMMARY: A security guard for the San Francisco Giants alleged the baseball team failed to pay him final wages, on time, upon termination, under Labor Code section 201.  A collective bargaining agreement governs his employment.  The employee sued.  The baseball team moved to compel arbitration, a motion the trial court denied.  The Court of Appeal ruled that federal law, the Labor Management Relations Act (“LMRA”), requires arbitration. 

QUESTION FOR THE SUPREME COURT: The California Supreme Court will determine whether the LMRA preempts Labor Code section 201 and requires terminated employees, working under a collective bargaining agreement, to arbitrate their wage claims under Labor Code section 201.  Melendez v. San Francisco Baseball Associates, LLC

Please contact Phillip Maltin for further information about these cases pending before the California Supreme Court.

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