Gregory v. Scie

FOR PUBLICATION Argued and Submitted December 2, 2002--Pasadena, California Opinion by Judge Schwarzer; Dissent by Judge T.G. Nelson OPINION SCHWARZER, Senior District Judge Rodney Gregory brought this action against SCIE, LLC, dba EPSG Management Services, LP (""SCIE""), in state court under Section 1194 of the California Labor Code, which entitles ""any employee receiving less than . . . the legal overtime compensation applicable to the employee . . . to recover . . . the unpaid balance of the full amount."" He alleged he was not paid for overtime work performed for SCIE at premium wage rates in violation of California Labor Code Section 510 and Wage Orders 11 and 12. SCIE removed the action to the district court, alleging that the claims arise under § 301 of the Labor Management Relations Act (""LMRA""), 29 U.S.C. § 185(a), and are, therefore, within the jurisdiction of the federal district court. 2