I have often blogged about the need for defense lawyers to look for a labor law preemption defense when a wage hour action, single or FLSA collective action is lodged.
Continue Reading Labor Contract Preemption Defense Cannot Kill Wage Suit Because No Interpretation of Contract Required
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Another Successful Labor Contract Preemption Defense Prevails in FLSA Collective Action: Defense Practitioners Must Always Look for It!
What do I always say? If an employer is sued in a FLSA action, collective or otherwise, and is unionized, always look for a National Labor Relations Act/Labor Management Relations…
Continue Reading Another Successful Labor Contract Preemption Defense Prevails in FLSA Collective Action: Defense Practitioners Must Always Look for It!
LMRA Preemption Defense Works Yet Again: Defense Counsel Should Always Look for It!
Employers should always look for a preemption defense when a FLSA suit is lodged against a unionized client. Clear proof of that was just given by the Ninth Circuit…
Continue Reading LMRA Preemption Defense Works Yet Again: Defense Counsel Should Always Look for It!
Preemption Defense in FLSA Class Actions: Magic Bullet? Maybe/Maybe Not
When hit with a wage hour suit, class action or single, employers are well advised to look for a preemption argument, whether from a union contract (e.g. National Labor Relations…
Continue Reading Preemption Defense in FLSA Class Actions: Magic Bullet? Maybe/Maybe Not