In any FLSA lawsuit involving unionized workers, the defense lawyer must always look for a preemption defense. That means that the lawsuit is not properly before a Judge because it
Continue Reading Federal Preemption Defense In FLSA Lawsuit—Good Tactic!Where a plaintiff files a FLSA (or other statutory wage hour) lawsuit, he may well file state law, tort-like claims, such as unjust enrichment, breach of contract, fraud and others.
Continue Reading Defense Counsel Should Always Consider Preemption Motions To Dismiss In FLSA Cases When State Common Law Claims Are Asserted
I always look for a preemption defense when I am defending a FLSA collective action, whenever there is a labor contract involved. What a magic bullet that is—get rid of
Continue Reading Preemption Defense to FLSA Collective Action Fails: No Need for Contractual Interpretation
Whenever a FLSA suit is lodged against a unionized employer, I always look for the possibility of a preemption defense, which will, in one fell swoop, doom the entire litigation.
Continue Reading Use of Labor Law Preemption in FLSA Case Is a Good Start
When a FLSA case (or a state law wage hour case) is filed against a unionized client, the first line of defense for me is to ascertain if we can
Continue Reading Preemption Defense In Federal Court Dooms NJ State Overtime Claim
When I am faced with a wage suit, whether individual or class action, I always look for a “magic bullet” a quick fix, a tactic that might make the entire
Continue Reading Use Of Preemption Defense In Wage-Hour Lawsuit May Kill Entire Action
When a labor contract contains provisions that address wage hour issues (such as travel time, or donning and doffing time) a defense argument to dismiss a FLSA suit is that
Continue Reading Labor Contract Preemption And FLSA Lawsuits: The Twain Shall Never Meet?
In a case entitled Clifton Sandifer et al. v. U.S. Steel Corp. a federal judge has cut out some claims from a work time class action suit, but has allowed
Continue Reading Court Strikes Claims In US Steel/Steelworkers FLSA Class Action