If a state law claim is successful, what is the impact of the collective bargaining agreement on employee privacy rights?
MultiRegion, United States of America
The following excerpt is from Alaska Airlines Inc. v. Schurke, No. 13-35574 (9th Cir. 2017):
discharged employee had to be paid.58 The state law claim did not "require us even to refer to the collective bargaining agreement, let alone interpret it."59 In Cramer v. Consolidated Freightways, Inc., a California law prohibiting two-way mirrors that allowed observation of toilets was not preempted, because the employees' privacy claims were "not even arguably covered by the collective bargaining agreement."60
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