Tag: CBA


Earned Sick Time Law: Do Unions in Massachusetts Have to Comply?

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 […]

Another Case Demonstrates Need for Appropriate Training

A warehouse maintenance worker who suffers from migraine headaches filed a suit against his former employer saying, among other things, that his supervisor retaliated against him for taking medical leave. The alleged retaliation included being denied certain refresher safety training.


Was CBA Sufficient to Compel Arbitration of California Nurse’s Wage and Hour Claims?

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.

Wage and Hour Training Could’ve Prevented Legal Trouble

Supervisors who direct employees to work during unpaid meal periods could be putting their employer at risk for a costly wage and hour lawsuit. Proper training can help educate supervisors about federal and state law regarding the compensability of meal periods and, in the process, minimize the legal risk.

Supreme Court Declines to Review Two FLSA Cases

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 […]

Don’t skimp on preparation when arbitrating with a union

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 […]