Mandating higher fuel efficiencies
Most employers and workers recognize that the "workers comp." system is entirely separate from the civil law courts, with its own special remedies and procedures.
Employers also generally understand that such workers comp.
As a result, "state law prohibits on-duty and on-call rest periods." Fox News host Gretchen Carlson has filed a lawsuit in New Jersey Superior Court against the network's CEO, Roger Ailes.
Carlson alleges that as retaliation for her complaining about Doocy Ailes proceeded to sabotage her career over the next seven years and that "In doing these things, Ailes did not act in the interests of Fox News, but instead pursued a highly personal agenda." Carlson does not allege that the 76-year old Ailes ever actually propositioned her.
For example, ABM Industries required its security guards to wear two-way radios and pagers and to remain "vigilant" and "available to respond" during their rest breaks.
The trial court entered a 90 million class action judgment on the ground that this "on-call" status was tantamount to requiring the employees to work during their rest breaks.
ABM Industries, Inc.) The 50-page opinion thoroughly reviews and synthesizes the recent state and federal authorities related to class certification and collective proof.
The opinion is worthy of several separate posts (which may be forthcoming).
As a general matter, there is no doubt that illegal promises will not be enforced in cases controlled by the federal law. However, the Supreme Court's prior pro-waiver decisions have been sharply divided 5-4 decisions authored by the recently departed Justice Scalia.