Practical HR Tips, News & Advice. Updated Daily.
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 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.
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.
An African-American railroad worker alleged that he was denied overtime and certain training due to race discrimination, and his employer denied the allegations. Read on to see what happened, how the court ruled, and the training takeaway for employers.
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).
Yesterday’s Advisor presented the facts of a wage and hour lawsuit that could have been prevented with proper supervisor training. Today we look at the court’s decision—and the training takeaways for employers seeking to minimize their legal risk.
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.
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 […]