Massachusetts federal court largely denies WHDH-TV motion to dismiss broadcast technicians' FLSA claims
Key points
- The court rejected LMRA Section 301 preemption because the labor contract lacked a clear and unmistakable waiver of FLSA rights
- Minimum wage, overtime and retaliation claims can proceed
- The recordkeeping claim was dismissed for lack of a private right of action
A Massachusetts federal district court granted in part and denied in part WHDH-TV, Inc.'s motion to dismiss Fair Labor Standards Act claims in Carr v. WHDH-TV. The court found the labor contract lacked a clear and unmistakable waiver of FLSA rights and rejected LMRA Section 301 preemption. Minimum wage, overtime and retaliation claims by IBEW Local 1228 broadcast technicians can proceed. The recordkeeping claim was dismissed because there is no private right of action for it.
What employers should do
- Review whether union contracts contain clear waiver language on wages, overtime and FLSA rights
- Check timekeeping and overtime calculations for frontline roles against FLSA requirements
Policy details
- Jurisdiction
- Federal (D. Mass.)
- Status
- Court ruling
- Effective date
- —
- Employers covered
- unionized broadcast employers
- Official source
- Official source pending
Original report: Bloomberg Law News ↗Edited with AI assistance. Facts are based on official sources and original reports. For information only; not legal, immigration or insurance advice.