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, […]
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 […]
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 […]
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 […]
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 […]
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 […]
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. […]
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 […]
The House of Representatives approved the Protecting Older Workers Against Discrimination Act (“POWADA”), by way of a 261-155 vote, lowering the bar for employees to allege age discrimination. As it stands, employees must demonstrate that age was the decisive factor that led to an adverse employment decision, or in other words, that the employee would […]
This week, the United States Department of Labor (“DOL”) finalized a new rule that increases the salary threshold required for executive, administrative, or professional (“EAP”) workers to qualify as exempt from overtime under the Fair Labor Standards Act (“FLSA”). The new DOL rule requires employers to pay overtime to EAP employees that earn less than […]
On April 12, 2019, a California federal jury awarded $6 million to Walmart workers at a Chino, California warehouse who worked as “Associates” as far back as June 8, 2013. During meal breaks, Walmart required Associates to go through a lengthy “asset protection” process that included an anti-theft metal detector checkpoint if they wished to […]
The United States House of Representatives passed the proposed Paycheck Fairness Act (the “Bill”) to rid employees of sex-based pay differentials and make wage practices more transparent. The Bill adds several layers of procedural protections to the Equal Pay Act of 1963 (“EPA”) and requires employers to prove that any wage discrepancies are tied to […]
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