Nov 26, 2019
Pennsylvania Supreme Court Rejects Fluctuating Work Week Method The PA Supreme Court ruled that the “Fluctuating
In addition to the firm’s class action ERISA practice (ERISA is the federal law that protects the rights of employees and retirees in company benefit plans), the firm has a developed practice in fighting for workers rights. The firm represents public sector workers and retirees throughout the country.
FDPK attorneys have handled public sector rights cases in various states, including California, Massachusetts, South Dakota, Colorado and New Hampshire.
These workers rights cases are usually brought under the Contract Clause of state and federal constitutions, which restricts the ability of the government to violate its own contacts. Public pensions are considered to be contracts between the government and its workers by most states, and are therefore protected by the Contract Clause.
The firm is currently in the process of filing briefs before the Colorado Supreme Court in a case involving tens of thousands of retired public sector workers. The workers rights question to be answered by the Court is whether the State of Colorado may reduce the cost-of-living adjustment to the pensions of members of the Colorado Public Employees Retirement Association who were already retired when the legislation was passed.
The Colorado Court of Appeals previously reversed the lower court and determined that the retirees had a vested interest in their cost-of-living adjustment.
Partner Bill Payne represents a group of public sector unions in New Hampshire in three lawsuits that challenge cuts to the pensions of active and retired members of the New Hampshire Retirement System.
Recently, the Superior Court in Merrimack County determined that the Legislation violated the Contract Clause of the New Hampshire Constitution by increasing the contribution rate of workers who have 10 or more years of service. This case is expected to be appealed and ultimately decided by the New Hampshire Supreme Court.