Case: Wage & Hour/Overtime (W.D. Pa.)

A Pennsylvania federal district court denied Tenaris Bay City, Inc.'s motion to dismiss an hourly employee’s claim for unpaid overtime wages under the Pennsylvania Minimum Wage Act, finding that the PMWA confers nonnegotiable rights on employees that are independent of the collective bargaining agreement, and therefore the claim is not preempted by the Labor-Management Relations Act because the CBA doesn’t mention the pre- and post-shift activities (walking to/from work areas, donning/doffing PPE, showering, attending meetings) that form the basis of the claim.

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