Hospital, Workers Must Address Union Status: 1st Circ.

Law360, New York (July 15, 2011, 12:56 PM EDT) -- The First Circuit on Thursday revived a proposed class action alleging the Caritas Christi hospital network denied 12,000 employees wages for break time and off-the-clock work because neither side had specified the key issue of whether the plaintiffs were union members.

In general, courts must determine whether named plaintiffs belong to a union before throwing out a wage-and-hour action where potential class members are subject to collective bargaining agreements, a three-judge panel said. In this case, however, the parties failed to explain the union status of...
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