Category Archives: Preemption

August 28, 2010

S.D.N.Y.: NYLL Unpaid Gratuities and FLSA Overtime Claims Not Precluded By LMRA or CBA; No Interpretation of CBA Required To Determine Whether Defendant Violated Law

Alderman v. 21 Club Inc. Plaintiffs, unionized waitstaff who worked Defendant’s private banquets filed suit seeking the recover of unpaid tips, pursuant to the New York Labor Law, and unpaid overtime, pursuant to the FLSA.  Plaintiffs specifically sought the portion … Continue reading →

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August 4, 2010

7th Cir.: 203(o) Does Not Preempt State Law; Notwithstanding The Fact That Time Spent Donning/Doffing Of PPE Constitutes Changing “Clothes” Under the FLSA, Such Time Is Compensable Under WI State Law And Not Waivable By CBA

Spoerle v. Kraft Food Global, Inc. In this case, the Plaintiff-employees brought a collective action against employer under the Fair Labor Standards Act (FLSA) and state law, contending that hourly employees at employer’s plant should be paid for time spent … Continue reading →

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Filed under Donning and Doffing, Preemption, State Law Claims

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July 1, 2010

W.D.Ark.: FLSA Does Not Preempt State Common Law Claims; Claims Dismissed On Other Grounds

Montize v. Pittman Properties Ltd. Partnership No.1 This case was before the Court on one of the Defendant’s  Motion for Partial Judgment on the Pleadings filed.  The Plaintiffs did not file any response to the Motion.  Of interest, the Court held that certain … Continue reading →

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