On April 30, 2018, the Supreme Court of California, the highest court in the State, reached a landmark decision for hourly workers. In Dynamex Operations West, Inc. v. Lee, the Court denied Dynamex’s appeal of the lower court’s order, which certified a class of delivery drivers who Dynamex argued were independent contractors, and therefore not […]
News
Cocktail Server Illegally Fired From NYC’s Ascent Lounge
On Thursday, April 26, 2018, the National Labor Relations Board ruled in favor of a New York City cocktail server fired two days after complaining at a staff meeting about the wage practices and working conditions at the upscale Ascent Lounge. The Board agreed with an administrative law judge-finding that the timing of the server’s […]
California Class Action Arbitration Agreement Found Unconscionable
California workers obtain a substantial victory as the California Second Appellate District found arbitration agreements, signed by over one hundred employees in the wake of a coworker initiating a wage-and-hour class action, to be procedurally and substantially unconscionable. The Court held that “the language of the provision and the circumstances under which it was presented […]
Ninth Circuit Rules That Employers Cannot Use Employees’ Salary Histories to Justify Paying Women Less Than Men
Earlier this month, the Ninth Circuit Court of Appeals, the highest federal court in California, issued a significant decision that could ultimately have national implications for women fighting to be paid equally with their male peers. In Rizo v. Yovino, a female math consultant sued the superintendent of a California school district under the Equal […]
Second Circuit Confirms More Lenient Standard for Punitive Damages Under the New York City Human Rights Law
The Second Circuit Court of Appeals, the highest federal court in New York, held in Chauca v. Abraham that an employee may recover punitive damages against an employer under the New York City Human Rights Law (“NYCHRL”) by showing merely that the employer acted with “with willful or wanton negligence” in discriminating against the employee. […]
U.S. Senate Seeks to Shine Light on Sexual Harassment in the Financial Services Industry
On March 1, 2018, three United States Senators – Catherine Cortez Masto (D-NV), Dianne Feinstein (D-CA), and Elizabeth Warren (D-MA) – wrote joint letters to the Securities and Exchange Commission (SEC) and Financial Industry Regulatory Authority (FINRA) requesting any information that the agencies have regarding the prevalence of sexual harassment in the financial industry. […]
Second Circuit Rules that Title VII Prohibits Discrimination Based on Sexual Orientation
On February 26, 2018, the Second Circuit Court of Appeals issued a landmark decision in Zarda v. Altitude Express, holding that Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of an employee’s sexual orientation. While the United States Supreme Court has not yet addressed this issue, the Second Circuit […]
91,000 Au Pairs Fight for Minimum Wage and Overtime
Au Pairs across the nation recently obtained a huge victory in their fight to gain protection under the Fair Labor Standards Act (“FLSA”) and various other laws. The U.S. District Court for the District of Colorado granted class certification in a case entitled Beltran v. InterExchange, Inc. – a ruling that allows over 91,000 au […]
NYC Extends Greater Protections to Employees Who Seek Reasonable Accommodations
New York City recently adopted amendments to the New York City Human Rights Law (“NYCHRL”) to extend new and heightened protections to employees requesting reasonable accommodations. Starting October 15, 2018, employers are required to engage in a “cooperative dialogue” with (i) employees with disabilities; (ii) pregnant women; (iii) victims of domestic violence; and (iv) individuals […]
New App “Kendr” Provides Employees with a New Way to Lodge Protected Complaints
On Monday, January 29, 2018, a group of Los Angeles attorneys unveiled a new app called “Kendr.” Kendr, a third-party cell phone app, provides a new avenue for employees to report workplace problems to their employers. Kendr allows employees in any industry to send messages to their employers – with the option to send a […]
PAGA Pulls Ahead of FAA
California workers received an early holiday present as the United States Supreme Court denied a petition from Prudential Overall Supply – an employer seeking to force workers from state court and into a forum where workers’ claims must be brought on an individual basis. The petition followed the March 7, 2017 decision of Betancourt v. […]
Faruqi & Faruqi, Lead-Counsel, Announces Final Approval of Settlement on Behalf of Sales Agents in the Safe Auto Wage & Hour Class Action
Faruqi & Faruqi is pleased to announce final approval of the hard-fought settlement in Strong et al. v. Safe Auto Insurance Group, Inc. et al., No. 16-cv-765, in the United States District Court for the Southern District of Ohio. The class action settlement represents a remarkable 82% recovery of the unpaid overtime and statutory damages […]
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