Calif. Wage Suit Not Preempted By US Statute: Court

By Melissa Lipman

Law360, New York (March 25, 2009, 12:00 AM ET) -- A California appeals court has allowed a former employee to continue his proposed class action against a company that provides detention guard services for U.S. immigration authorities after ruling that a federal statute governing service contracts does not preempt the suit brought under the state's meal and rest break laws.

On Tuesday, the Court of Appeal of the State of California partially reversed a summary judgment grant for Spectrum Security Services Inc., which had argued that the McNamara-O’Hara Service Contract Act requires workers employed through federal...
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