15:30
fucking seriously dude we're readinf 1l of a ride
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Simple English definitions for legal terms
Lingle test
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A quick definition of Lingle test:
Term: Lingle Test
Definition: The Lingle Test is a way to determine if a union member's state-law claim against their employer is affected by the Labor-Management Relations Act. If the state-law claim can be resolved without interpreting the collective-bargaining agreement, then there is no preemption. This means that the state law can still be enforced. The Lingle Test was established in the case of Lingle v. Norge Division of Magic Chef, Inc. in 1988.
Related terms: Marcus Model, White Model
A more thorough explanation:
The Lingle test is a legal principle used in labor law to determine whether a union member's state-law claim against their employer is preempted by the Labor-Management Relations Act.
The Lingle test states that if the state-law claim can be resolved without interpreting the collective-bargaining agreement, then there is no preemption.
For example, if a union member files a state-law claim against their employer for violating minimum wage laws, and the claim can be resolved by simply looking at the state's minimum wage laws without interpreting the collective-bargaining agreement, then the Lingle test would not apply and the claim would not be preempted.
The Lingle test was established in the case of Lingle v. Norge Division of Magic Chef, Inc. in 1988.