United States First Circuit
Cent. Pension Fund of the Int'l Union of Operating Engineers & Participating Employers v. Ray Haluch Gravel Co., 11-1944
READ
In a suit brought by a union-affiliated benefit funds against an employer for unpaid remittances covered by a collective bargaining agreement and attorney fees, the judgment of the district court is vacated and remanded where: 1) because no final judgment entered until the district court resolved the contract-based claim for attorneys' fees, the plaintiffs' appeal is timely as to all the issues raised; and 2) the presumption is that the defendant is liable for all hours worked in which employees were shown to have performed some covered work, and until and unless the employer can offer evidence to overcome the presumption, the presumption controls.
Appellate Information
- Decided 09/12/2012
- Published 09/12/2012
Judges
- Seyla
Court
- United States First Circuit