• October 10, 2016

Nebraska Wage-and-Hour

Represented one of the world’s largest package delivery companies against a terminated driver who sued in state court under Nebraska’s Wage Payment and Collection Act for unpaid holidays and vacation. We removed the case to federal court on federal question grounds, asserting Section 301 preemption because the holiday and vacation pay claims arose from a collective bargaining agreement. Plaintiff’s motion for remand was denied on preemption grounds, and he voluntarily dismissed with prejudice.