Attorneys who represent workers on meal-and-break-pay claims like to keep those cases in state courts, which are usually better for employees than federal courts are.
Employers, on the other hand, usually prefer the federal court system, which tends to favor employers. However, getting a case moved to federal court isn’t as easy as it used to be.
Recent case: Bill and several co-workers sued for unpaid break-and-meal-time pay under California Labor Code provisions. Their employer argued it was a multimillion-dollar case and tried to get it transferred to federal court.
The federal judge hearing the request refused. He reasoned that the employer’s numbers were highly speculative and that it was more likely each employee was owed less than $75,000—the jurisdictional limit for a state case. (Taylor v. Coxcom, No. 12-10149, CD CA, 2013)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Where should we hold our upcoming collective-bargaining sessions?
- What's new on your 2005 return?
- The NJLAD's fee-Shifting provision: A ray of hope for employers
- Sometimes, employees just need thick skinsâ€”co-worker snubs aren't retaliation