United States Ninth Circuit

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McCray v. Marriott Hotel Services, Inc., 17-15767

Ordered a remand to state court of a Marriott Hotel employee's lawsuit contending that he and other employees were paid less than the City of San Jose's $10/hour minimum wage. Marriott had removed the case to federal court on the basis that the claims were preempted by federal labor law. On appeal, the Ninth Circuit held that the employee's lawsuit must be returned to state court because the case amounted to an interpretive challenge to the San Jose minimum-wage ordinance, not one that required substantial analysis of the collective-bargaining agreement.

Appellate Information

  • Decided
  • Published 2018/08/31


  • Diaz


  • United States Ninth Circuit


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