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Ward v. United Airlines Inc
United States Court of Appeals, Ninth Circuit
May 9, 2018
Charles E. Ward, individually, and on behalf of all others similarly situated, Plaintiff-Appellant,
United Airlines, Inc., Defendant-Appellee. Felicia Vidrio, individually, and on behalf of all others similarly situated; Paul Bradley, individually, and on behalf of all others similarly situated, Plaintiffs-Appellants,
United Airlines, Inc., Defendant-Appellee, and Does, 1 through 50, inclusive, Defendants.
Nos. 3:15-cv-02309-WHA, 2:15-cv-07985-PSG-MRW
Before: Paul J. Watford and Michelle T. Friedland, Circuit
Judges, and Jed S. Rakoff, [*] Senior District Judge.
CERTIFYING QUESTIONS TO THE SUPREME COURT OF
Questions to California Supreme Court The panel certified the
following questions of state law to the Supreme Court of
(1) Wage Order 9 exempts from its wage statement requirements
an employee who has entered into a collective bargaining
agreement (CBA) in accordance with the Railway Labor Act
(RLA). See 8 C.C.R. § 11090(1)(E). Does the RLA
exemption in Wage Order 9 bar a wage statement claim brought
under California Labor Code § 226 by an employee who is
covered by a CBA?
(2) Does California Labor Code § 226 apply to wage
statements provided by an out-of-state employer to an
employee who resides in California, receives pay in
California, and pays California income tax on her wages, but
who does not work principally in California or any other
respectfully ask the Supreme Court of California to exercise
its discretion to decide the certified questions set forth in
section II of this order.
provide the following information in accordance with
California Rule of Court 8.548(b)(1). The captions of these
CHARLES E. WARD, individually, and on behalf of all others
similarly situated, Plaintiff-Appellant,
UNITED AIRLINES, INC., Defendant-Appellee.
FELICIA VIDRIO, individually, and on behalf of all others
similarly situated; PAUL BRADLEY, individually, and on behalf
of all others similarly situated, Plaintiffs-Appellants, v.
UNITED AIRLINES, INC., Defendant-Appellee, and DOES, 1
through 50, inclusive, Defendants.
names and addresses of counsel for the parties are:
For Plaintiff-Appellant Charles E. Ward and
Plaintiffs-Appellants Felicia Vidrio and Paul Bradley: Stuart
Bruce Esner, Esner, Chang & Boyer, Suite 750, 234 East
Colorado Boulevard, Pasadena, CA 91101; Kirk D. Hanson,
Jackson Hanson ...