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Jones v. SCO Silver Care Operations LLC, No. 16-1101 (May 18, 2017)

Articles Discussing Case:

The FLSA and Your CBA: 3rd Circuit Finds Claims Were Not Subject to Dispute Resolution Provisions

Ogletree Deakins • May 30, 2017
In Jones v. SCO Silver Care Operations LLC, No. 16-1101 (May 18, 2017), the Third Circuit Court of Appeals addressed whether several certified nursing assistant plaintiffs were entitled to pursue their claims for violations of the Fair Labor Standards Act (FLSA) in court or were required to submit the claims to an arbitrator in accordance with the collective bargaining agreement (CBA) between their union and their employer. The Third Circuit held that the certified nursing assistants’ overtime claims did not depend upon an interpretation of the CBA, and accordingly, rejected the employers’ contention that the plaintiffs were first required to present their claims to arbitration.