Fitz-Gerald v. Skywest Airlines

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Filed 10/16/07 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SIX MICHAEL FITZ-GERALD, et al., 2d Civil No. B187795 (Super. Ct. No. 1129514) (Santa Barbara County) ORDER M ODIFYING OPINION AND DENYING REHEARING [No Change in Judgment] Plaintiffs and Appellants, v. SKYWEST AIRLINES, INC., Defendant and Respondent. THE COURT: It is ordered that the opinion filed herein on September 19, 2007, be modified as follows: 1. On page 1, the last line change the word "designation to "destination" so the end of the sentence will then read: ". . . reaches its destination." 2. On page 5, third line of the first full paragraph, correct the spelling of the words "ande" and "principal" so the quote will then read:: "[s]ections 221, 222, and 223 articulate the princip[le] that all hours must be paid at the statutory or agreed rate, . . ." 3. On page 6, delete the first two lines of the second full paragraph and insert the following in their place: United Air Lines, Inc. v. Industrial Welfare Co. (1963) 211 Cal.App.2d 729 [disapproved on another point in Industrial Welfare Com. v. Superior Court (1980) 27 Cal.3d 690, 728, fn. 15] illustrates the conflict that can arise between a state wage order and the RLA. 1. [There is no change in the judgment.] Appellants petition for rehearing is denied. CERTIFIED FOR PUBLICATION.

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