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Labor Law Gap-Filling: Federal Common Law

Labor Law Gap-Filling: Federal Common Law 2025

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The document discusses the implications of the Supreme Court's decision in DelCostello v. International Brotherhood of Teamsters, which established a six-month statute of limitations for hybrid claims involving breaches of collective bargaining agreements and duties of fair representation. It highlights how this ruling has created significant challenges for plaintiff-employees in labor litigation, particularly by limiting their ability to seek remedies compared to non-unionized employees. The analysis reveals inconsistencies in how federal courts apply this precedent across different circuits, often prioritizing national labor policy over individual employee rights. The author argues for a return to borrowing state statutes of limitations to ensure fairer treatment for unionized employees and preserve the legislative role in lawmaking.

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Does federal common law supersede state law?

Federal common law, i.e., law applied by the courts in the absence of explicit statutory directive, and respecting uniquely federal interests, can also displace state law.

Does federal law override common law?

Does common law supersede statutory law?

Statutes are generally understood to supersede common law. They may codify existing common law, create new causes of action that did not exist in the common law, or legislatively overrule the common law. Common law still has practical applications in some areas of law. Examples are contract law and the law of torts.

Does the US follow common law or civil law?

Most countries use the civil law system, but the United States uses the common law system. Because of this difference in systems, it can be confusing for U.S. victims of overseas terrorism to understand their role in the civil law system.

Is employment law based on common law?

Common Law: The common law helps define employment relationships. Some example doctrines include: The Control Test and its 20 factors (a common law doctrine used by the IRS and other agencies to make employee vs. independent contractor determinations, under IRS Revenue Ruling 8741);

Is common law the same as federal law?

Though most common law is found at the state level, there is a limited body of federal common law--that is, rules created and applied by federal courts absent any controlling federal statute.

What is the gap filling rule?

Courts rely on a series of gap filling rules to carry out this process. Gap filling is justified under the assumption that parties who create a contract must intend to agree to any conditions making that contract possible. If possible, the court will interpret the contract in such a manner that there is no gap.

Do common law rules determine the relationship between an employer and employees?

The common law control test is the basic test, using the common law rules, for determining whether a relationship exists between the worker and the person or firm that they work for. Under the common-law test, the employer has the right to tell the employee what to do, how, when, and where to do the job.

Labor Law Gap-Filling: Federal Common Law 2025

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