News & Analysis as of

LMRA Wage and Hour

Fisher Phillips

When Union Contracts And Overtime Law Conflict: Court Provides Balance For Employers

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The federal appeals court that oversees cases arising from California recently handed down an opinion that helps provide guidance to those employers trying to comply with collective bargaining agreements while simultaneously...more

Seyfarth Shaw LLP

2019 Employment Law: Cases Pending in the California Supreme Court

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Seyfarth Synopsis: Employment-related cases pending before the California Supreme Court concern various questions that sometimes seem technical, but the answers they elicit will have big consequences. ...more

FordHarrison

Federal Court Rejects Free Speech Challenge to New York City's Payroll Deduction Law

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On February 6, 2018, a New York federal judge rejected a challenge to a New York City law requiring fast-food businesses to, upon request of their employees, forward voluntary deductions from employee paychecks to nonprofits....more

Davis Wright Tremaine LLP

Ninth Circuit Holds CBA Preempts California Overtime Claims

California has a reputation for strictly enforcing its wage and hour laws regardless of federal law or an agreement between the parties. But the United States Court of Appeals for the Ninth Circuit recently held that these...more

Akin Gump Strauss Hauer & Feld LLP

En Banc 9th Circuit: No Arbitration of State Claims by Unionized Employees, Unless Collective Bargaining Agreement Must Be...

• To compel a union employee’s state law claim into arbitration based on RLA or LMRA preemption, an employer must prove that (1) the CBA is the “only source” of the right that the employee asserts and (2) litigating the state...more

Jackson Lewis P.C.

Exemption, Not Pre-Emption: California Federal Court Clarifies Meal And Rest Break Rules May Be Exempt From Labor Code Enforcement...

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In a recent decision, Judge Philip S. Gutierrez of the United States District Court for the Central District of California clarified an available avenue for employers with collective bargaining agreements (“CBAs”) to combat...more

Fisher Phillips

Key Portion Of NYC’s Fair Workweek Law Put On Pause

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One of the key provisions of New York City’s Fair Workweek Law was just put on hold while a federal judge sorts out a constitutional challenge brought by two restaurant advocacy organizations. The “Deductions Law” portion of...more

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