Johnson v. NBC Universal, Inc., 2010 WL 4840436 (3d Cir., November 30, 2010) – The Third Circuit Court of Appeals held that a union employee’s harassment claim was preempted by Section 301 of the Labor Management Relations Act (LMRA), rejecting the employee’s claim that the dispute could be resolved without interpreting the parties’ collective bargaining agreement (CBA). The parties’ CBA authorized the union to directly negotiate “deal memoranda” on behalf of its members, which contain additional provisions specific to the employer and are signed by both the employee and employer. The plaintiff sued for breach of contract, claiming that the harassment policy contained in the deal memo was violated. The court ruled that the CBA and the deal memo together memorialized the terms of the agreement and resolution of the plaintiff’s claim was therefore “substantially dependent” upon the terms of the CBA. Accordingly, the court held that Section 301 preempted his state law claims.
he plaintiff sued for, inter alia, breach of contract when his employer failed to adhere to the deferred compensation provision of his five-year consulting agreement. The agreement provided that during the first year of employment, the plaintiff would defer $125,000 of salary for his five-year contract while the employer strengthened its cash position.
How the New California Laws Will Impact Your Business in 2014 and Beyond, Part 2: EEO, Disability, and Leave Legislation
Part one of this three-part series covered the six wage and hour bills that Governor Brown recently signed and which will go into effect on the first of the year. Part two covers the equal employment opportunity (EEO), disability, and leave-related legislation of which employers should be aware in…..
On December 4, 2015, the Texas Supreme Court vacated a jury verdict in favor of a former employee who had alleged workers’ compensation retaliation, rendering judgment in favor of the employer and finding that the employee had not presented evidence that his termination had resulted from anything other than the uniform enforcement of a neutral absence control policy.