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Quote of the Day - We have seen that the unions are very fragmented now. We just don't feel like (labor's threatened campaign)... is anything we need to be concerned about. - Christi Gallagher
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Unions Can't Represent Employees In Overtime Cases Without Authorization

Under the Private Attorney General Act of 2004, which authorized employees to sue their employers for Labor Code violations such as alleged failure to pay overtime and for time spent working instead of taking meal and rest breaks, unions suffered a setback in a court ruling earlier this week.  The PAGA is more commonly called the "Sue Your Boss" law and the "Bounty Hunter's Statute."

While employees can assign their claims to a union to sue on their own behalf, unions cannot step in to court on the employee's behalf without permission.  The employees have to bring suit in their own name or actively assign their claims to the union, according to the ruling.

It's a significant procedural setback for unions, and protects employers from unsubstantiated threats of "automatic" class actions by unions.  Perhaps not too surprising, with this opinion the courts have taken back their authority to determine when to certify class actions instead of allowing a union to represent all of an employer's employees without having asked those employees first and obtained their permission.

You can stay tuned to MIPTC and the UCL Practitioner for more follow-up and review of this opinion.

Printer friendly page Permalink Email to a friend Posted by J. Craig Williams on Friday, March 02, 2007 at 10:36 Comments Closed (0) |
 
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