A New Jersey district court recently permitted a wage and hour class action to proceed despite the employer’s assertion that a collective bargaining agreement (CBA) preempts the employees’ claims.
After Massachusetts voters approved the Earned Sick Time Law (ESTL) referendum in 2014, a group of construction industry employers filed a lawsuit asking a federal judge to declare that the new law couldn’t be enforced against them because they are parties to collective bargaining agreements (CBAs) with unions. So far, the courts have replied that […]
A nurse filed a class action lawsuit against her former employer alleging wage and hour violations, including failure to provide meal and rest breaks and pay overtime. The hospital asked the court to compel arbitration, relying on arbitration provisions in a collective bargaining agreement (CBA). Read on to see if the court granted the employer’s request.
By Kevin J. Skelly, JD The 3rd Circuit recently adopted a standard for determining when a meal break is compensable under the Fair Labor Standards Act (FLSA).
The U.S. Supreme Court announced Oct. 6 that it would not review two Fair Labor Standards Act rulings. The cases dealt with misclassification and compensable working time. In the misclassification case, the 9th U.S. Circuit Court of Appeals held that the City of Los Angeles owed fire department dispatchers and paramedics assigned to air ambulance […]
by Gary S. Fealk Almost every union contract has a provision that requires that disputes be settled by final and binding arbitration. Preparing for arbitration is essential. Here are some pointers on arbitration preparation and procedures. Grievance answers and choosing an arbitrator Always answer grievances with an eye toward arbitration. Answer the merits of the […]
Employers can’t be instantly ready for how health reform will transform their health plans in 2014; they have to do all the heavy lifting in 2013 in order to achieve preparedness, an attorney from the Epstein Becker & Green law firm said on Dec. 19. He advised employers to see health reform-driven coverage changes in […]
California employers are well-versed in the laws about pregnancy disability leave, but what other pregnancy laws affect employer obligations? What reasonable accommodations must be provided for pregnant employees?
Meal breaks in California have very specific rules that must be followed for employers to be legally compliant. Marc Jacuzzi explained the requirements in detail in a recent CER webinar.
Hagan, a partner in the Dallas office of law firm Sarles & Ouimet, LLP, made his suggestions at a recent BLR webinar. Here are his four questions: Question 1: Will an Anticipated Change Affect Existing, Accrued Leave? If you anticipate making a change that might affect existing accrued vacation, you will have to determine if […]