On June 11, 2020, Justice Kalish of the New York Supreme Court, New York County, approved a $462,500 settlement for a class of restaurant workers asserting minimum wage and tip credit violations. The settlement provides for a complete 100% recovery of all economic damages claimed by class members. See Reeves, et al. v. La Pecora […]
News
Workers Turn to Courts to Enforce COVID-19 Safety Guidelines
As citizens across the United States continue to shelter in place to slow the spread of the novel Coronavirus, workers at grocery stores, department stores, pharmacies, parcel delivery services, and other essential businesses have been forced onto the frontlines, constantly putting their health at risk. In some cases, these essential workers do so without adequate […]
COVID-19 Leads to Increased Disability Accommodation Claims
On May 27, 2020, the U.S. Equal Employment Opportunity Commission’s (“EEOC”) office in New York, headed by Deputy Director Judy Keenan, revealed that the most prevalent employment claims relating to the COVID-19 pandemic concern employees’ rights for reasonable accommodations under the Americans with Discriminations Act (“ADA”). Foreseeably, many of these claims are brought by workers […]
EOC Issues Guidelines on Whether Employers May Bar Workers with Underlying Medical Conditions from the Workplace
On May 7, 2020, the U.S. Equal Employment Opportunity Commission (“EEOC”) updated its guidelines allowing employers to bar workers with underlying medical conditions from the workplace during the COVID-19 if, after a rigid “individualized assessment,” the employer concludes the employee’s condition poses a “direct threat” to his or her own health if they contract the […]
Court Approves a $5.4 Million Settlement for TBTA Sergeants and Lieutenants’ FLSA Overtime Claims
On May 6, 2020, the Honorable Vernon S. Broderick of the United States District Court for the Southern District of New York approved a $5.4 million settlement for overtime claims raised by a collective of 169 Sergeants and Lieutenants. See Feliciano, et al. v. Metro. Transp. Auth., et al., No. 1:18-cv-00026 (VSB) (S.D.N.Y. May 6, […]
Essential Workers Nationwide Participate in May Day Strike for Improved Working Conditions During COVID-19 Outbreak
As most citizens across the United States continue to shelter in place to slow the spread of the novel Coronavirus, workers at grocery stores, department stores, pharmacies, parcel delivery services, and other essential businesses have been forced onto the frontlines, constantly putting their health at risk. These essential workers assume this risk oftentimes for low […]
Rep. Ro Khanna and Sen. Elizabeth Warren Fight to Include an ‘Essential Workers’ Bill of Rights in Next Stimulus Package
On April 16, 2020, Representative Ro Khanna (D-Calif.) and Senator Elizabeth Warren (D-Mass.) unveiled a proposal for an Essential Workers Bill of Rights that would provide essential workers on the frontlines of the COVID-19 pandemic with robust protections. The two lawmakers are calling for the bill to be included in the next COVID-19 relief package […]
EEOC to Allow Employers to Test Employees for COVID-19 Upon Return to Work
The U.S. Equal Employment Opportunity Commission (“EEOC”) provided further guidance on how far employers can go to screen workers for health risks before returning to the workplace. Specifically, the EEOC stated that employers may administer COVID-19 tests of employees upon returning to work without contravening the Americans with Disabilities Act (“ADA”). The EEOC noted that […]
Baseball Umpire Calls Out Systematic Discrimination in Major League Baseball
On April 24, 2020, Major League Baseball (“MLB”) Umpire Angel Hernandez filed a motion for partial summary judgment against the professional baseball league, arguing that the MLB’s promotion and postseason assignment policies for umpires are discriminatory. As outlined in Hernandez’s motion, prior to the filing of his lawsuit in 2017, the MLB promoted only one […]
Luxury Retail Employees “No-Poach” Antitrust Litigation
Faruqi & Faruqi, LLP and The Joseph Saveri Law Firm have filed an antitrust class action complaint in the Federal Court of the Eastern District of New York alleging that Defendants Saks Incorporated, Saks & Company LLC, Saks Fifth Avenue LLC, Louis Vuitton USA Inc., Fendi North America, Inc., Loro Piana & C. Inc., Gucci […]
Federal Courts Field Legal Challenges to California Law Expanding “Employee” Status
2020 has already proven to be an exciting year for the California employment bar, with two recent, high-stakes challenges to new legislation signed into law by Governor Gavin Newsom. The new law, A.B. 5, codifies and expands upon the three-prong “ABC test” adopted by the California Supreme Court in its landmark Dynamex v. Lee decision. […]
Third Circuit Protects Philly Workers from Improper Salary History Inquiries
The Third Circuit Court of Appeals, the highest federal court in Pennsylvania, upheld the constitutionality of a city ordinance prohibiting Philadelphia employers from asking job applicants about their salary histories. The Third Circuit determined that Philadelphia lawmakers relied on substantial evidence that banning inquiries regarding an employee’s salary history will help women and minorities overcome […]
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