Best Best & Krieger News Feed

BB&K Settles Complex Overtime Class Action For Nuisance Value

16 May 2008 00:00:00 -0800

John Crowe v. BB&K Client

BB&K Partner John Higginbotham represented a local trucking company in a overtime class action involving a class of over 200 drivers, none of whom had ever been paid overtime. The class was represented by a successful attorney who had achieved large settlements from numerous other similarly situated trucking companies in the five years leading up to this case. Rather than simply going through the motions and ultimately allowing its client to write a very large check, BB&K asserted a novel defense that California’s overtime was preempted by federal law due to the fact that some of the product hauled by its client had previously been brought into California by rail, and that the ultimate delivery of the product by truck was a “continuation” of interstate commerce. Facing the prospect of complete defeat, the class settled the claim for literally pennies on the dollar.

BB&K Settles Wage And Hour Class Action For Pennies On The Dollar

03 May 2008 00:00:00 -0800

Carlton Morris v. BB&K Client

BB&K Partners John Higginbotham and Michael Summerour represented an international trucking company in a class action involving multiple alleged wage and hour violations, a class of thousands of drivers and potential eight figure liability. Before plaintiffs could move for class certification, BB&K brought a motion for summary judgment based on the novel argument that plaintiffs’ claims were barred by the commerce clause in the United States Constitution. Shortly before that motion was to be heard, class counsel agreed to settle the case for approximately three percent of their claimed damages.

PERB Board Limits Jurisdiction for Breach of Contract

11 Dec 2006 00:00:00 -0800

BB&K Partner Woody Merrill defends school district’s right to alter health benefit terms in Teachers Association collective bargaining agreement

A three-member panel of the Public Employee Relations Board (Board) recently decided in favor of El Centro Elementary School District (District) in the matter of El Centro Elementary Teachers Association v. El Centro Elementary School District. Best Best & Krieger (BB&K) Partner, William “Woody” Merrill successfully defended the District before the Board.

The El Centro Elementary Teachers Association (Association) claimed that the District, by altering health benefit contributions for retired leaders in the collective bargaining agreement, had violated the Education Employment Relations Act (EERA). Merrill, on behalf of the District, argued that because health benefits for retirees are a permissive subject rather than a mandatory subject of negotiations, a unilateral alteration of the term could not constitute an unfair labor practice.

The Board noted that the jurisdiction of PERB is limited only to those violations that are unfair practices, and rejected the Association’s argument to extend PERB’s jurisdiction to include permissive subjects of negotiation included in collective bargaining agreements. The Board found in favor of the District, concluding that, while a violation of a permissive term may constitute a breach of contract, it does not also constitute an unfair labor practice. The decision clears the District of any liability for an unfair labor practice.

“This decision is significant to schools and public agencies because it is important to avoid multiple forums and multiple remedies for the same claim,” says Merrill.