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<a href=http://www.employmentlawdaily.com/index.php/news/attempt-at-pre-enforcement-challenge-to-new-massachusetts-paid-leave-law-not-yet-ripe/ target=_blank >Attempt at pre-enforcement challenge to new Massachusetts paid leave law not yet ripe</a>

By Ronald Miller, J.D.

A request by a group of construction industry employers’ associations for sweeping pre-enforcement relief against the Massachusetts Earned Sick Time Law (ESTL) was not ripe for adjudication ruled the First Circuit, in dismissing their action for lack of jurisdiction. The employers contended that the ESTL was preempted by LMRA Section 301 with respect to those employers in the state who were parties to collective bargaining agreements with unions. However, the appeals court pointed out that Sec. 301 preemption can “defeat” a claim brought under the ESTL only if the specific claim depended upon the provisions of a CBA. Because no particular claim has been identified this case, it was not sufficiently developed to be fit for a claim-specific preemption inquiry (Labor Relations Division of Construction Industries of Massachusetts, Inc. v. Healey, December 16, 2016, Barron, D.).

Paid leave initiative. In 2014, voters in Massachusetts overwhelmingly approved the ESTL through the initiative process. The ESTL provides that employers of a certain size must compensate their employees for the sick time that they use for specified purposes. The Attorney General is to enforce the provisions of the ESTL and may seek injunctive or declaratory relief. The law also provides for the imposition of civil penalties. In addition, the ESTL also authorizes an “aggrieved” employee to bring actions under the ESTL, provided that such an employee first files the complaint with the Attorney General to notify her of the impending suit.

On July 3, 2015, the Attorney General promulgated regulations that defined certain terms in the ESTL. Specifically, the ESTL provides that covered employers must compensate their employees for such paid sick time “at the same hourly rate as the employee” would have been paid had the employee not taken leave.

Pre-enforcement relief. Before any action to enforce the ESTL had been filed against any employer who is a party to a CBA by either the Attorney General or by any aggrieved employee, a group of construction industry employers’ associations and employers filed suit in district court. They sought relief from a broad category of enforcement of actions that may be brought under the ESTL. The employers contend that Sec. 301 preemption nonetheless entitles them to sweeping relief from the ESTL’s eventual enforcement. Specifically, the employers contended that the ESTL was “preempted” by LMRA Sec. 301 with respect to those employers in the state who are parties to a CBA. They sought “a judgment prohibiting the Attorney General from: [(1)] Granting private rights of action to employees who are members of collective bargaining units; and [(2)] enforcing civil sanctions pursuant to [the ESTL] against employers who are signatory [sic] to collective bargaining agreements.”

Challenges. The Attorney General responded to the employers’ suit by filing a motion to dismiss. As an initial matter, the district court dismissed what it characterized as the employers’ facial challenge. Additionally, the district court determined that the employers’ challenge to the ESTL was an “as-applied challenge” to only those enforcement actions (whether brought by the Attorney General or by employees) that would involve CBA interpretation was not ripe for adjudication.

Preemption inquiry. With respect to the facial challenge to the ESTL, the First Circuit concluded that it was not ripe and thus must be dismissed for lack of jurisdiction. A claim is ripe only if the party bringing suit can show both that the issues raised are fit for judicial decision at the time the suit is filed and that the party bringing suit will suffer hardship if “court consideration” is withheld. On the other hand, a “claim is not ripe for adjudication if it rests upon contingent future events that may not occur as anticipated, or indeed may not occur at all.”

Here, the employers’ pre-enforcement request for relief against the Attorney General rested on their contention that Sec. 301 preemption would block any such suit. Thus, they argued that there was no reason to wait to provide them the relief they sought because the case was sufficiently developed to be adjudicated. The First Circuit disagreed, pointing out that unlike a typical claim of field preemption a claim of preemption under Sec. 301 that is lodged against a suit to enforce a state-law cause of action does not involve “purely legal questions, where the matter can be resolved solely on the basis of the state and federal statutes at issue.” Rather, Sec. 301 preemption can “defeat” a claim brought under the ESTL only if the specific claim is determined to depend upon the provisions of a CBA. This case was not sufficiently developed to be fit for a claim-specific preemption inquiry.

At this pre-enforcement stage, there was no particular claim that has been identified at all. Accordingly, the court could not perform the requisite claim-specific preemption analysis as to any claim that may be brought. Rather, the court had before it only hypothetical ESTL claims, the details of which are not known.

Harm to the parties. Moreover, the court’s analysis under the first prong of the ripeness inquiry dictated the outcome of the second inquiry, concerning the harm to the parties seeking relief that come from “withholding of a decision” at this time. The analysis “focuses on ‘direct and immediate’ harm. This case failed to satisfy the first prong because it is contingent on the details of future ESTL claims that are not now known. For the same reason, the harm to the employers from any delay in having their case adjudicated is necessarily also contingent. Accordingly, the suit was dismissed for lack of jurisdiction.

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<a href=http://www.nytimes.com/video/business/100000004810041/we-trust-you.html target=_blank >We Trust You</a>

In the early 1980s, Toyota transformed one of the world’s worst auto plants into one of the best, using the exact same workers. In the second installment of The Art of Better series, Charles Duhigg sheds light on the importance of entrusting workers with responsibility and authority.

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<a href=http://www.huffingtonpost.com/entry/donald-trump-hotel-las-vegas-union_us_585a9b73e4b0eb586484ae6b?utm_hp_ref=unions target=_blank >Donald Trump's Fight With Hotel Workers In Las Vegas Comes To An End</a>

His workers in Vegas won a four-year-contract, and his workers in Washington, D.C., may follow suit.

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<a href=http://www.nytimes.com/2016/12/21/upshot/the-long-term-jobs-killer-is-not-china-its-automation.html target=_blank >The Long-Term Jobs Killer Is Not China. It’s Automation.</a>

“Everything we did, you could program a robot to do it.”

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<a href=http://www2.staffingindustry.com/row/Editorial/Daily-News/Middle-East-Uber-rival-Careem-raises-350-million-for-market-expansion-40499 target=_blank >Middle East – Uber rival Careem raises $350 million for market expansion</a>

Careem, an Uber rival based in the Middle East, has announced that it has raised $350 million at a valuation of $1 billion, reports Tech Crunch. Japanese e-commerce firm Rakuten led the investment along with Saudi Telecom Company, which revealed that it has acquired 10% of the company for $100 million. Careem has been operating for four years and is present in 47 cities across 11 countries. The new investment is aimed at market expansion and aims to create 1 million jobs. Careem also said that this $350 million allocation is the first portion of a larger $500 million round that it is currently working on. The company’s didn’t provide a timeframe for when the entire raise will be completed.

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<a href=http://www2.staffingindustry.com/row/Editorial/Daily-News/Middle-East-Uber-rival-Careem-raises-350-million-for-market-expansion-Tech-Crunch-40499 target=_blank >Middle East – Uber rival Careem raises $350 million for market expansion(Tech Crunch)</a>

Careem, an Uber rival based in the Middle East, has announced that it has raised $350 million at a valuation of $1 billion, reports Tech Crunch. Japanese e-commerce firm Rakuten led the investment along with Saudi Telecom Company, which revealed that it has acquired 10% of the company for $100 million. Careem has been operating for four years and is present in 47 cities across 11 countries. The new investment is aimed at market expansion and aims to create 1 million jobs. Careem also said that this $350 million allocation is the first portion of a larger $500 million round that it is currently working on. The company’s didn’t provide a timeframe for when the entire raise will be completed.

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<a href=http://www2.staffingindustry.com/row/Editorial/Daily-News/Singapore-Fewer-employers-plan-to-increase-hiring-in-2017-40498 target=_blank >Singapore – Fewer employers plan to increase hiring in 2017</a>

According to a survey from international recruitment firm Michael Page, 36% of employers in Singapore are planning to increase hiring next year, down from 49% in 2016.

Michael Page states that the decrease in hiring is a reflection of the current uncertain economic climate in Singapore. Meanwhile, 57% of companies indicated they plan to maintain headcount in 2017 while 7% said they would cut staffing. Hiring is expected to be dominated by the digital, technology and healthcare sectors.

“Digital, technology and healthcare are likely to be the country’s fastest-growing industries due to the Government’s pledged efforts to boost investment in these sectors. As a result, employers across these three sectors are likely to continue hiring actively, though recruitment efforts will largely focus on filling niche roles,” Anthony Thompson, regional managing director of Greater China, South East Asia & India at Michael Page.

These niche technical requirements, combined with requests from hiring managers for solid industry experience, are likely to result in fierce competition for a limited pool of talent next year, the report said.

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<a href=http://www2.staffingindustry.com/row/Editorial/Daily-News/World-Firms-in-the-MENA-region-plan-to-increase-hiring-in-2017-40497 target=_blank >World – Firms in the MENA region plan to increase hiring in 2017</a>

A majority of employers in the Middle East and North Africa region (MENA) have revealed that they are preparing for an increase in hiring volume, reports the Khaleej Times with data from a LinkedIn report. The report showed that jobs pertaining to operations, sales, and engineering will be the highest priority roles to fill in 2017. Furthermore, the report shows that 81% of talent leaders feel that talent is the number one priority in their organisation and in 2017 this will gain even more prominence. While more than 60% of the surveyed teams say that they will be witnessing an increase in hiring, 29% feel that it will decrease, and 11% feel budgets and recruiting team headcounts will stay flat.

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<a href=http://www2.staffingindustry.com/row/Editorial/Daily-News/Rwanda-New-ridesharing-platform-Gawana-set-to-launch-in-2017-Disrupt-Africa-40496 target=_blank >Rwanda – New ridesharing platform Gawana set to launch in 2017 (Disrupt Africa)</a>

New ride-sharing startup Gawana is set to launch in Rwanda in March 2017, allowing travellers to share journeys and split fuel costs, reports Disrupt Africa. The app will be launched on an invite-only basis and aims to offer travellers an alternative to public transport. It was co-founded Darcy Dwyer, Rachel Howell and Agnes Nyambura. “Ultimately, the goal of Gawana is to introduce ride-sharing in East Africa while providing business opportunities for East Africans,” Dwyer said. “While sharing economy initiatives have become popular, long distance transport is a serious problem in most African countries. We wanted to bring a sharing economy solution to transport problems.” Gawana plans to expand quickly to Uganda, Kenya and Tanzania with the goal of spreading throughout Eastern and Southern Africa.

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<a href=http://www.huffingtonpost.com/2016/12/21/donald-trump-hotel-las-vegas-union_n_13767174.html target=_blank >Hotel Workers Win Their Battle With Donald Trump</a>

WASHINGTON ― The hotel workers who fought President-elect Donald Trump in Las Vegas for the past two years emerged with a union contract on Wednesda…

Read more: Donald Trump, Labor, u.s. News , Unions, u.s. Presidential Elections, Trump Organization, Trump Entertainment Resorts, Politics News

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