Workers receive two big wins in federal court to ensure that their immigration status will not preclude them from raising wage and hour claims under the Fair Labor Standards Act. First, a Federal District Court in Illinois joins New York and other districts across the country to hold that the immigration status of a worker […]
Last week, Angel Hernandez filed a lawsuit, Hernandez v. The Office of the Commissioner of Baseball and Major League Baseball Blue, Inc., Case No. 17-cv-00456, alleging discrimination in how MLB’s promotion and postseason assignment policies are administered for umpires. Despite a remarkable 96.88% accuracy rating on calling balls and strikes in 2016, Hernandez was not […]
With the “Freelance Isn’t Free” Act, NYC Administrative Code § 20-927, et seq., coming into effect this week, New York City workers are better equipped to receive proper payment and protection from prevalent wage theft practices by employers. A skyrocketing number of freelancers, who steadily dominate today’s on-demand service economy, no longer have to worry […]
Workers in New York, Vermont, and Connecticut may now point to a single utterance of a racial slur when claiming that an employer has created a discriminatory hostile work environment in violation of Title VII of the Civil Rights Act of 1964. This is significant as courts within the Second Circuit generally have sought a […]
Employees in Illinois, Indiana, and Wisconsin will be the first workers in the country with the right to sue employers in Federal Court for discriminatory employment practices based on sexual orientation. In Hively v. Ivy Tech Community College, 2017 U.S. App. LEXIS 5839, (7th Cir. 2017), the en banc Seventh Circuit ruled that sexual orientation […]
The U.S. District Court, for the Northern District of New York, conditionally certified a collective action brought by Aldi Store Managers alleging the grocery chain misclassified them as exempt employees under the FLSA, in Griffin et al. v. Aldi Inc., No. 5:16-cv-00354. Faruqi & Faruqi, as co-lead counsel, represents the Plaintiffs and a class of […]
New York workers, along with workers in 18 other states, are ringing in 2017 with higher minimum wage laws. These increases are crucial to low wage workers as the federal minimum wage has remained stagnant at $7.25 per hour since 2009. With Andy Puzder, Chief Executive of CKE Restaurants and a vocal critic of efforts […]
With overwhelming support from the New York City Council, Mayor Bill de Blasio signed into law the “Freelance Isn’t Free” Act which provides extensive rights to the freelancers who help keep NYC running strong. The Act signifies a major change in how independent contractors will be treated by providing them certain protections previously extended only […]
The Oregon Federal District Court approved a $15.4 million settlement in which FedEx will pay $500 to over $100,000 to approximately 400 delivery drivers. FedEx drivers filed suit in 2005 alleging that the company misclassified them as independent contractors and failed to pay overtime and other wages. The case is part of a larger series […]
The Final Overtime Rule takes effect on December 1, 2016, and extends overtime protection to 4.2 million employees who are currently deemed exempt under the FLSA. The Final Rule more than doubles the qualifying salary threshold for the Executive, Administrative or Professional (“EAP”) exemptions to overtime. The Final Rule also updates the salary levels of […]
The Third Circuit unanimously reversed a district court’s decision that allowed an employer to use paid bona fide meal time to offset unpaid overtime. Three DuPont employees sued the Pennsylvania manufacturing plant for unpaid overtime under the FLSA because the employer failed to compensate them for donning and doffing time and for time spent on […]
A New Hampshire District Court denied Walmart’s bid for a new trial and instead awarded Plaintiff, Maureen McPadden, $16.2 million for her state and federal gender discrimination, wrongful discharge, and retaliation claims. McPadden v. Wal-Mart Stores East, L.P., No. 14-cv-475, 2016 U.S. Dist. LEXIS 126789, at *3 (D.N.H. Sept. 16, 2016). This came after a […]
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