Albertson’s Worker’s New Theory Can’t Save California Wage Case

An Albertson’s LLC worker’s new argument that the company made an “unenforceable promise” about pay for missed meal breaks isn’t enough to salvage a twice-dismissed California wage lawsuit.

The worker argued that because a collective bargaining agreement preempts a clause in onboarding documents promising compensation for missed meal breaks, including the clause ran afoul of California’s unfair competition law. But preemption doesn’t make the clause itself unlawful, and that same preemption blocks arguments that the clause was unfair or fraudulent, the US District Court for the Central District of California said Wednesday.

• Plaintiff Joseph Martinez, whose latest complaint alleges onboarding ...