Mealey's Labor & Employment - 4th Circuit: Wage Claims Partially Preempted By Labor Management Relations Act

Mealey's Labor & Employment - 4th Circuit: Wage Claims Partially Preempted By Labor Management Relations Act

RICHMOND, Va. - A divided Fourth Circuit U.S. Court of Appeals on March 11 partially reversed a jury's wage award for employees of a South Carolina chicken processor, finding that the wage claims were preempted under the Labor Management Relations Act (LMRA); the appellate majority also reversed an award of reinstatement and back pay for six of eight employees who sued alleging retaliation, finding that there was insufficient evidence (Calvin Barton, et al. v. House of Raeford Farms, Incorporated, d/b/a Columbia Farms, Incorporated, No. 12-1943, Shiren Johnson, et al. v. House of Raeford Farms, Incorporated, d/b/a Columbia Farms, Incorporated, No. 12-1945, Jackie Bland, et al. v. House of Raeford Farms, Incorporated, d/b/a Columbia Farms, Incorporated, No. 12-1946, 4th Cir.; 2014 U.S. App. LEXIS 4500).

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