
Collective bargaining agreements (CBAs) are contracts between a union and an employer. In some cases, CBAs can supersede federal law, but only in very limited situations. For example, a CBA may provide for a lower rate than specified, but only if it defines overtime as something less than 40 hours per week. In some labour disputes involving CBAs, section 301 of the LMRA provides federal jurisdiction and a body of federal law for the arbitration of those controversies.
Characteristics | Values |
---|---|
Can a collective bargaining agreement supersede federal law? | In some labor disputes involving collective bargaining agreements, section 301 of the LMRA provides both federal jurisdiction and a body of federal law for the arbitration of those controversies. |
Can a collective bargaining agreement supersede overtime labor laws? | A CBA may supersede overtime labor laws, but only in very limited situations. For example, a CBA may provide for a lower rate than specified, but only if it defines "overtime" as something less than 40 hours per week. |
What You'll Learn
Overtime labor laws
Collective bargaining agreements (CBAs) are contracts between a union and an employer. In some cases, CBAs may supersede overtime labour laws, but only in very limited situations. For example, a CBA may provide for a lower rate than specified, but only if it defines "overtime" as something less than 40 hours per week. However, even if the CBA does provide for a different rate, the business must still pay overtime according to the overtime labour laws for hours worked in excess of 40 in one week.
Under the Fair Labor Standards Act (FLSA), a federal statute, companies must pay hourly, non-exempt workers overtime pay equal to one and one-half times the worker's normal wages if that worker works more than 40 hours in a work week. The FLSA is generally applicable to all businesses, although rare exceptions do apply.
Labor laws in the United States are governed by federal and state statutes. The federal statutes set forth minimum requirements, while state laws may provide for greater rights or protection. In some labor disputes involving CBAs, section 301 of the Labor Management Relations Act (LMRA) provides both federal jurisdiction and a body of federal law for the arbitration of those controversies. However, the mere fact that a dispute concerns a CBA is not sufficient to invoke the use of federal labor law through section 301 of the LMRA. For example, a CBA can be a relevant fact of a dispute without requiring its interpretation.
Finding a claim not to be preempted by federal law may interfere with the development of a uniform nationwide standard of federal labor law. This, in turn, would reduce private parties' abilities to predict how terms of CBAs will be interpreted.
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Federal jurisdiction
In the United States, labor laws are governed by federal and state statutes. Federal statutes set forth minimum requirements, while state laws may provide for greater rights or protection.
In some labor disputes involving collective bargaining agreements, section 301 of the LMRA provides both federal jurisdiction and a body of federal law for the arbitration of those controversies. However, the mere fact that a dispute concerns a collective bargaining agreement is not sufficient to invoke the use of federal labor law through section 301 of the LMRA. For example, a collective bargaining agreement can be a relevant fact of a dispute without requiring its interpretation.
The FLSA is a federal statute that is generally applicable to all businesses. Under the FLSA, companies must pay hourly, non-exempt workers overtime pay equal to one and one-half times the worker's normal wages if that worker works more than 40 hours in a work week.
A CBA may supersede overtime labor laws, but only in very limited situations. For example, a CBA may provide for a lower rate than specified, but only if it defines "overtime" as something less than 40 hours per week. However, even if the CBA does provide for a different rate, the business must still pay overtime according to the overtime labor laws for hours worked in excess of 40 in one week.
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State law
In the United States, labor laws are governed by federal and state statutes. While federal statutes set forth minimum requirements, state laws may provide for greater rights or protection.
In some labor disputes involving collective bargaining agreements, section 301 of the LMRA provides both federal jurisdiction and a body of federal law for the arbitration of those controversies. However, the mere fact that a dispute concerns a collective bargaining agreement is not sufficient to invoke the use of federal labor law through section 301 of the LMRA. For example, a collective bargaining agreement can be a relevant fact of a dispute without requiring its interpretation.
In rare situations, a collective bargaining agreement (CBA) may supersede federal labor laws. For instance, a CBA may provide for a lower rate than specified, but only if it defines "overtime" as something less than 40 hours per week. However, even if the CBA does provide for a different rate, the business must still pay overtime according to the overtime labor laws for hours worked in excess of 40 in one week.
The FLSA is a federal statute that is generally applicable to all businesses, with rare exceptions. Under the FLSA, companies must pay hourly, non-exempt workers overtime pay equal to one and one-half times the worker's normal wages if that worker works more than 40 hours in a work week.
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Federal labor law
The FLSA is a federal statute that is generally applicable to all businesses, with rare exceptions. Under the FLSA, companies must pay hourly, non-exempt workers overtime pay equal to one and one-half times the worker's normal wages if that worker works more than 40 hours in a work week. A CBA may supersede overtime labor laws, but only in very limited situations. For example, a CBA may provide for a lower rate than specified, but only if it defines "overtime" as something less than 40 hours per week. Even if the CBA does provide for a different rate, the business must still pay overtime according to the overtime labor laws for hours worked in excess of 40 in one week.
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Union contract agreements
Collective bargaining agreements (CBAs) are contracts between a union and an employer. In some labour disputes involving CBAs, section 301 of the LMRA provides federal jurisdiction and a body of federal law for the arbitration of those controversies. However, the mere fact that a dispute concerns a CBA is not sufficient to invoke the use of federal labour law through section 301 of the LMRA. For example, a CBA can be a relevant fact of a dispute without requiring its interpretation.
In the United States, labour laws are governed by federal and state statutes. The federal statutes set forth minimum requirements, while the state laws may provide for greater rights or protection. The FLSA is a federal statute that is generally applicable to all businesses. Under the FLSA, companies must pay hourly, non-exempt workers overtime pay equal to one and one-half times the worker's normal wages if that worker works more than 40 hours in a work week.
A CBA may supersede overtime labour laws, but only in very limited situations. For example, a CBA may provide for a lower rate than specified, but only if it defines "overtime" as something less than 40 hours per week. However, even if the CBA does provide for a different rate, the business must still pay overtime according to the overtime labour laws for hours worked in excess of 40 in one week.
Overall, while CBAs can sometimes supersede federal law, it is important to note that this is not always the case and that federal law still sets forth minimum requirements that must be met.
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Frequently asked questions
In some cases, yes. For example, a collective bargaining agreement may supersede overtime labour laws, but only in very limited situations.
A collective bargaining agreement is a contract between a union and an employer.
The FLSA is a federal statute that applies to all businesses. Under the FLSA, companies must pay hourly, non-exempt workers overtime pay equal to one and one-half times the worker's normal wages if that worker works more than 40 hours in a work week.
The LMRA is a federal law that provides jurisdiction and a body of federal law for the arbitration of labour disputes involving collective bargaining agreements.
Yes, in some cases a collective bargaining agreement can supersede state law. However, this may interfere with the development of a uniform nationwide standard of federal labour law, reducing private parties' abilities to predict how terms of collective bargaining agreements will be interpreted.