During the first quarter of 2012, the U.S. District Court for the Western District of New York addressed the unsettled area of preemption of common law claims for unpaid wages and did not remand. By contrast, it refused to exercise jurisdiction over common law negligence claims which merely referred to past violations of federal environmental statutes. It also completed a decision reported on in July 20111 by issuing a report and recommendation on the extent to which post-arrest statements may be suppressed following the illegal search of a computer.
Alleged Wage Violations
In Gordon v. Kaleida Health, No. 08-CV-951S, 2012 WL 171577 (W.D.N.Y. Jan. 17, 2012), Chief Judge William M. Skretny, on cross motions to remand and to dismiss, addressed whether alleged statutory and common law unpaid wage claims were preempted by the Labor Management Relations Act2 (LMRA) or the Fair Labor Standards Act3 (FLSA).
