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Stop the state-federal-state litigation merry-go-round

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in Human Resources

Just when you think a lawsuit will be resolved, something happens that starts the whole process over again. That’s why it’s so important to prevent lawsuits in the first place.

Recent case: Kim McBride worked in the call center at the weight loss company Jenny Craig. When she and other call center employees sued for alleged unpaid overtime and breaks, their attorney went to federal court, claiming federal and California wage-and-hour violations.

Two years later, it was clear the employer hadn’t violated the federal Fair Labor Standards Act. McBride’s attorneys asked the court to dismiss those claims and send the case back to California courts.

Jenny Craig petitioned for the case to be continued in federal court and come to a conclusion. The court disagreed and sent the case to state court, starting the process all over again. (McBride, et al., v. Jenny Craig, No. 07-CV-2382, SD CA, 2010)

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