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Court upholds $3M judgment against Gerber Products Co.
Press Release |
2016/05/28 13:48
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A sharply divided Arkansas Supreme Court on Thursday said a baby food manufacturer must pay more than $3 million to workers for the time they spent dressing and undressing into uniforms and protective gear.
In a 4-3 ruling, the high court upheld a lower court's ruling that Gerber Products Co. should have compensated more than 800 workers at its Fort Smith facility for the time they spent changing into uniforms, donning protective gear such as ear plugs and washing their hands, as well as undressing after their shifts ended. Justices sided with the workers who said Arkansas' Minimum Wage Act required the company to compensate for the activities despite an agreement with the union.
"We hold that the donning and doffing activities constitute compensable work under the AMWA, despite the custom and practice under the collective-bargaining agreement," Justice Karen Baker wrote in the majority opinion.
The ruling drew sharp objections from three justices, who said in a dissenting opinion that because of the decision "the floodgates will open to litigation at the enormous cost to businesses in Arkansas."
"In addition, the majority undermines the collective-bargaining process and destroys any confidence employers and employees have in the enforceability of their agreements," Justice Rhonda Wood wrote.
Gerber had argued the workers' union had agreed to not be paid for the time in a contract that also included larger wage increases for the employees. The company said in a statement it was disappointed with the ruling and was evaluating its options.
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Stoddard firefighter charged with arson due in court
Press Release |
2016/05/01 14:54
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A volunteer firefighter charged with arson in connection with a brush fire that burned 190 acres in New Hampshire and prompted the evacuation of 17 homes is due to make his first court appearance.
David Plante is scheduled to be arraigned Monday in Keene.
The 31-year-old Stoddard man was charged Friday with one count of arson, but more charges are expected. He remains in custody after refusing to meet with a bail commissioner.
The fire started Thursday in Stoddard, about 40 miles west of the state capital of Concord. No injuries were reported.
Police have not said what evidence led them to Plante. It's unclear if he has an attorney.
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Supreme Court rejects states' challenge to Colorado pot law
Press Release |
2016/03/20 22:35
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The Supreme Court has rejected an effort by Nebraska and Oklahoma to have Colorado's pot legalization declared unconstitutional.
The justices are not commenting Monday in dismissing the lawsuit the states filed directly at the Supreme Court against their neighbor.
They argued that Colorado's law allowing recreational marijuana use by adults runs afoul of federal anti-drug laws. The states also said that legalized pot in Colorado is spilling across the borders into Nebraska and Oklahoma, complicating their anti-drug efforts and draining state resources.
The Obama administration had sided with Colorado, despite the administration's opposition to making marijuana use legal.
Justices Clarence Thomas and Samuel Alito would have heard the states' lawsuit.
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Chief justice remembers Scalia's 'irrepressible spirit'
Press Release |
2016/02/20 14:43
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Chief Justice John Roberts on Monday remembered the late Justice Antonin Scalia as a friend and colleague of "irrepressible spirit" as the Supreme Court resumed work for the first time since Scalia's death.
"He was our man for all seasons and we will miss him beyond measure," Roberts said in brief remarks after the court's eight remaining justices took the bench.
Roberts recounted Scalia's humble roots in New Jersey, his graduation at the top of his class at Georgetown University and his stellar performance at Harvard Law School. As a top attorney at the Justice Department, Roberts said Scalia argued his first and only case before the Supreme Court in 1976.
"He prevailed, establishing a perfect record before the court," Roberts said to laughter.
Scalia became the 103rd justice confirmed to the high court in 1986, Roberts noted, and wrote 292 majority opinions for the court.
"He was also known on occasion to dissent," Roberts said to more laughter.
The high court is resuming work just two days after the justices and thousands of dignitaries, friends and family mourned his loss at a funeral Mass in Washington.
The void created by Scalia's death was visible on Monday. His chair, in its usual place to the right of Roberts, was draped in black wool crepe, which will remain until next month.
Only in late March do the justices plan to switch seats in line with their seniority on the court. Justice Anthony Kennedy is now the longest-serving member of the court, with 28 years of experience.
President Barack Obama has vowed to nominate a candidate to take Scalia's seat, but Senate Republicans, backed by their party's presidential contenders, have pledged to block anyone Obama puts forward. Republicans have said the choice should await the next president.
Scalia's sharp questioning of lawyers transformed arguments into lively sessions in which the justices sometimes seemed to be talking to each other, rather than to the lawyers arguing before them. |
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Appeals court refuses to halt power plant rules
Press Release |
2015/09/09 23:02
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A federal appeals court has refused to halt the Obama administration's new clean air standards for power plants while opponents wage a legal challenge.
The federal appeals court in Washington, D.C., on Wednesday rejected an emergency request from 15 states and Peabody Energy Corp. to temporarily block the sweeping plan that would require states to cut carbon emissions from existing power plants.
West Virginia and other coal-reliant states have been leading opposition to the plan, which would mandate a 32 percent cut in emissions nationwide by 2030.
The Environmental Protection Agency and the White House have said they believe the limits are legal and rejected an earlier request to put them on hold.
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