Facts

Plaintiff Ian McCray filed a putative class action suit against Defendant Marriot Hotel Services Inc., for alleged violations of the City of San Jose Minimum Wage Ordinance after Plaintiff was hired by Defendant as a busser in 2012 and as a server in the Acadia restaurant in 2013, at an hourly rate of $9. As a server, Plaintiff's hourly rate was below the rate established by the Ordinance, however Plaintiff's work contract, or collective bargaining agreement contained a waiver of the Ordinance that explained certain requirements of the Ordinance could be waived in a bona fide collective bargaining agreement, as long as the waiver explicitly, clearly and unambiguously detailed the terms.

PLAINTIFF'S CONTENTIONS: Plaintiff contended Defendant paid hourly wages at a lower amount than required by the Minimum Wage Ordinance in the City of San Jose. Plaintiff contended the waiver did not apply to its CBA and federal law pre-empted such waiver.

DEFENDANT'S CONTENTIONS: Defendant denied the contentions and contended the Ordinance could be waived through a clear and unambiguous expressed waiver in a bona fide CBA, which was included in Plaintiff's CBA and work contract.

Result

The court granted defendant's motion for summary judgment.