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Jones v. AB Acquisition, LLC

Citation: 703 F. App'x 563Docket: No. 16-55955

Court: Court of Appeals for the Ninth Circuit; November 19, 2017; Federal Appellate Court

Narrative Opinion Summary

The case revolves around claims related to the El Cajon alternative workweek schedule (AWS) under California law, brought by an employee, Charles Jones, against his employer. The central legal issues involve the interpretation and application of AWS regulations, specifically whether an identifiable work unit was informed and allowed to vote on adopting the AWS. The district court granted summary judgment in favor of the employer, affirming that Jones was eligible to vote and was duly informed, contrary to his claims of more stringent requirements. Additionally, the court addressed Jones' conversion claim, ruling it barred because the statutory remedy for overtime compensation preempts common law claims. Jones' interpretation of the law was deemed overly restrictive and unnecessary for preventing employer coercion. The court also established that the timing of the AWS election does not impact retaliatory claims, and employers may accommodate different employee preferences. The decision upheld the summary judgment, finding no need to address class allegations due to the resolution of the primary liability theory. This judgment is not designated for publication and lacks precedential value per Ninth Circuit rules.

Legal Issues Addressed

Alternative Workweek Schedule under California Law

Application: The court held that employees must have the opportunity to decide on an AWS, and the work unit must be identifiable and informed before the election. Jones was eligible to vote as these conditions were met.

Reasoning: Under California law, employees in the work unit may vote to adopt an AWS, which is to be interpreted liberally to protect employees.

Employer Conduct and Timing in AWS Elections

Application: The court found that the timing of an AWS election does not affect claims of employer retaliation, as demonstrated by the case of Jones.

Reasoning: The timing of the election is irrelevant concerning potential retaliatory actions, as demonstrated by Albertson’s lawful return of Jones to a regular schedule after his objection to the AWS.

Preemption of Common Law Claims by Statutory Remedies

Application: Jones' conversion claim was barred because the statutory right to overtime compensation provided by the Labor Code precludes common law claims.

Reasoning: Under California law, if a statutory right is created, such as overtime compensation, the remedies provided by the statute are exclusive, precluding common law claims like conversion.

Reevaluation and Accommodation in AWS

Application: Employers are permitted to accommodate employees preferring different schedules and hold an AWS repeal election more than 12 months after the initial vote.

Reasoning: Furthermore, an AWS repeal election can occur more than 12 months after the initial vote, and employers can accommodate employees preferring different arrangements without violating the AWS rules.