Hospital Loses Bid To Keep OT Class Action In Federal Court

Law360, New York (October 9, 2012, 8:29 PM EDT) -- A Pennsylvania federal judge on Friday remanded a putative class action regarding unpaid overtime wages against Highlands Hospital back to state court, ruling the plaintiffs' claims are not preempted by the Labor-Management Relations Act.

U.S. District Judge Terrence F. McVerry rejected the hospital's argument that the claims require interpretation of the collective bargaining agreement between the hospital and the union and therefore are preempted by the LMRA and belong in federal court.

The judge said lead plaintiff James Lambert's claims do not involve the collective bargaining...
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