For
Immediate Release
Contact: Terrie Dort, 202-626-8183
NCCR
Files Amicus Briefs in Two Important Supreme Court
Cases
Washington, DC, March 17, 2003 - Terrie Dort, President of
the National Council of Chain Restaurants (NCCR), announced
today that NCCR had filed briefs in two cases that will be
decided by the Supreme Court of the United States.
The first case, Green Tree Financial Corp. v. Bazzle,
involves the use of arbitration in commercial settings, but
the decision will likely have application in the employment
context, where employers and employees agree to use arbitration
to resolve employment disputes. The second case, Breuer
v. Jim's Concrete of Brevard, will likely resolve the
issue of whether Fair Labor Standards Act (FLSA) lawsuits
filed in state court are removable to federal court. According
to Dort, "Both cases have tremendous potential to impact
the chain restaurant industry."
In Green Tree, NCCR urged the Court to honor employer-employee
arbitration agreements and to prevent lower courts and arbitrators
from applying class action procedural remedies in arbitration
settings. "The Supreme Court may establish the law of
the land as it relates to an employer's ability to require
single-plaintiff arbitration of employment disputes,"
said James Coleman, NCCR's General Counsel.
According to Coleman, most employers that have been sued under
the FLSA, which governs federal minimum wage and overtime
requirements, would prefer to have the case decided by a federal,
rather than a state, court. The Supreme Court's ruling in
Breuer will decide whether a defendant employer has
a right to remove cases brought under the FLSA, the Family
and Medical Leave Act, and the Age Discrimination in Employment
Act from state court to federal court. "As multi-state
employers attempting to comply with federal statutes governing
employment in all fifty states, NCCR member companies have
little to gain by allowing a multitude of state courts to
impose their own, possibly unique, interpretations of the
federal statute,' said Coleman.
The
National Council of Chain Restaurants (NCCR), a division of
the National Retail Federation (NRF), is a national trade
association representing forty of the nation's largest multi-unit,
multi-state chain restaurant companies. These forty companies
own and operate more than 50,000 restaurant facilities. Additionally,
through franchise and licensing agreements, another 70,000
facilities are operated under their trademarks. In the aggregate,
NCCR's member companies and their franchisees employ more
than 2.8 million Americans. For more information about NCCR,
visit www.nccr.net. For
more information about NRF, visit their web site at www.nrf.com.
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